Welsh Statutory Instrument 2006 No. 2981 (W.272)

The Specified Animal Pathogens (Amendment) (Wales) Order 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2006 No. 2981 (W.272)

ANIMALS, WALES

ANIMAL HEALTH

The Specified Animal Pathogens (Amendment) (Wales) Order 2006

	Made	14 November 2006
	Coming into force	24 November 2006

The National Assembly for Wales, in exercise of the powers conferred by sections 1, 88(2) and (4) of the Animal Health Act 1981[1] and now vested in it, hereby makes the following Order:

Title, commencement and application
    1.The title of this Order is the Specified Animal Pathogens (Amendment) (Wales) Order 2006, it comes into force on 24 November 2006 and applies in relation to Wales.

Amendments to the Specified Animal Pathogens Order 1998
    2.—(1) The Specified Animal Pathogens Order 1998[2] is amended in accordance with paragraphs (2) to (5)

    (2) For article 4, substitute—

" Prohibition in relation to specified animal pathogens
    4.—(1) No person is permitted to have in his or her possession—


(a) any animal pathogen specified in Part 1 of the Schedule to this Order ("the Schedule"); or

(b) any carrier in which he or she knows such a pathogen is present,



except under the authority of a licence issued by the National Assembly for Wales ("the National Assembly").

    (2) No person is permitted to deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of the Schedule, except under the authority of a licence issued by the National Assembly.

    (3) Paragraphs (1) and (2) apply subject to article 5.

    (4) If any person has in his or her possession any thing in respect of which he or she has reasonable grounds for suspecting that an animal pathogen specified in Part 1 of the Schedule is present, and does not have a licence in respect of that pathogen, he or she must forthwith notify a veterinary inspector.".

    (3) For article 5(2)(a), substitute—

" (a) permitted to be placed on the market under the Veterinary Medicines Regulations 2005[3] or the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994[4];".

    (4) For article 5(2)(c), substitute—

" (c) in respect of which an animal test certificate has been issued in accordance with regulation 8(3) of the Veterinary Medicines Regulations 2005.".

    (5) For the Schedule, substitute the Schedule to this Order.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]


Dafydd Elis-Thomas
The Presiding Officer of the National Assembly

14 November 2006

SCHEDULEArticle 2(5)

" SCHEDULEArticles 3 and 4


Specified animal pathogens



PART 1
African horse sickness virus

African swine fever virus

Aujeszky's disease virus

Avian influenza viruses which are


(a) uncharacterised; or

(b) Type A viruses which have an intravenous pathogenicity index in six week old chickens of greater than 1.2; or

(c) Type A viruses H5 or H7 subtype for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of haemagglutinin



Babesia bovis, Babesia Bigemina and Babesia caballi

Bacillus anthracis

Bluetongue virus

Bovine leukosis virus

Brucella abortus, Brucella melitensis, Brucella ovis and Brucella suis

Burkolderia mallei

Classical swine fever virus

Cochliomyia hominivorax

Ehrlichia ruminatium

Eastern and Western equine encephalomyelitis viruses

Echinococcus multilocularis and Echinococcus granulosis

Equine infectious anaemia virus

Foot and mouth disease virus

Hendra disease virus

Histoplasma farciminosum

Japanese encephalitis virus

Lumpy skin disease virus

Mycoplasma agalactiae

Mycoplasma capricolum sub species capripneumoniae

Mycoplasma mycoides sub species mycoides SC and mycoides LC variants

Mycoplasma mycoides var capri

Newcastle disease (avian paramyxovirus type 1) viruses which are—



(a) uncharacterised; or

(b) have an intercerebral pathogenicity index in one-day-old chicks of 0.4 or more, when not less than 10 million 50% egg infectious doses (EID50) are administered to each bird in the test



Nipah disease virus

Peste des petits ruminants virus

Rabies virus and all viruses of the genus Lyssavirus

Rift Valley Fever virus

Rinderpest virus

St Louis equine encephalomyelitis virus

Sheep and goat pox virus

Swine vesicular disease virus

Teschen disease virus

Theileria annulata

Theileria equi

Theileria parva

Trichinella spiralis

Trypanosoma brucei, Trypanosoma congolense, Trypanosoma equiperdum, Trypanosoma evansi, Trypanosoma simiae and Trypanosoma vivax

Venezuelan equine encephalomyelitis virus

Vesicular stomatitis virus

West Nile virus





PART 2
The live virus causing viral haemorrhagic disease of rabbits"

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Specified Animal Pathogens Order 1998 (S.I. 1998/463) ("the 1998 Order") in so far as it applies in relation to Wales.

This Order—

(a) adds Nipah disease virus, West Nile virus and St. Louis equine encephalomyelitis virus to Part 1 of the Schedule;

(b) updates certain terms in the Schedule with those now more commonly used by the scientific community;

(c) updates certain references to veterinary medicines legislation; and

(d) clarifies article 4 of the Order as to which controls apply to pathogens in each Part of the Schedule.

A draft of this Order was notified to the European Commission in accordance with Directive 98/34/EC (OJ No L 204 21/07/98 p.37), as amended by Directive 98/48/EC (OJ No L217 05/08/98 p.18).

A regulatory appraisal has been undertaken in respect of this Order and is available for inspection at the offices of the National Assembly for Wales, Department of Environment, Planning and Countryside, Crown Buildings, Cathays Park, Cardiff.

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Notes:

[1] 1981 c. 22. See section 86(1) for a definition of "the Ministers". The functions of "the Ministers", in so far as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of S.I. 1999/672 and S.I. 2004/3044.back

[2] S.I. 1998 / 463.back

[3] S.I. 2005 / 2745back

[4] S.I. 1994 / 3144back

[5] 1998 c.38.back

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Cymraeg (Welsh)

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ISBN 0 11 091444 9

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