Animal Health (African Horse
Sickness) (Jersey) Order 2017
PART 1
INTRODUCTORY PROVISIONS
1 Interpretation
(1) In this Order –
“contact premises” means premises that have an
epidemiological connection with infected premises, including those that, due to
their proximity to infected premises, the States Veterinary Officer considers
have an epidemiological connection with infected premises;
“equipment”, means any equipment that has been in
contact with blood or other bodily fluids from a horse, including needles and
surgical or dental equipment, unless that equipment has either been sterilised
following such contact or is securely confined in a sharps container complying
with the relevant British Standard (or equivalent standard);
“genetic material” means any semen, ovum or embryo of a
horse;
“infected premises” means premises that have been
declared as such under Article 6(1);
“Law” means the Animal Health (Jersey) Law 2016;
“suspect premises” means premises that have been
designated as such under Article 5(2);
“temporary movement restriction zone” means a controlled
zone declared under Article 10(2) or 12(2);
“vector” means an insect of the genus Culicoides or any
other species of arthropod capable of transmitting African horse sickness
virus.
(2) In this Order a
reference to a notified horse or carcase is a reference to a horse or a carcase
(as the case may be) that is the subject of a notification under Article 12(1)
or 15(2) of the Law.
2 Application
(1) This Order applies only
to African horse sickness.
(2) This Order does not
apply to any specified animal pathogen that is the subject of a licence under
Article 15(1) of the Law or to which that Article does not apply.
3 References
to occupier, main occupier and additional obligations
(1) In this Order a
reference to –
(a) an
occupier of premises includes a reference to a person who has ownership or
charge of a horse on the premises;
(b) the
main occupier of premises is the person who has overall responsibility for the
premises.
(2) Any notice required or
authorized under this Order –
(a) to be
served on the main occupier of premises may be served on any person appearing
to the person serving the notice to be the main occupier;
(b) to be
served on any other occupier of premises may be served on any person appearing
to the person serving the notice to be such an occupier.
(3) Where a notice has been
served on a person referred to in paragraph (2), any reference in this
Order to the main occupier or, as the case may be, any other occupier of the
premises includes a reference to that person.
(4) Where the main occupier
of premises is required to comply with any obligation under or by virtue of
this Order, any other occupier of the premises must give the main occupier such
assistance as is reasonably required to enable such compliance.
(5) Where the main occupier
of premises has been served with a notice under this Order, the main occupier
must take reasonable steps to inform (orally or otherwise) any other occupier
of the premises and any other person entering the premises of any restrictions
on the movement to or from the premises of any horse, carcase, equipment or
genetic material arising from the service of the notice.
(6) A notice required or
authorized under this Order to be served on the main occupier of premises may
(in addition to its being served on the main occupier) be served on any other
occupier of the premises.
PART 2
SUSPICION AND CONFIRMATION OF AFRICAN HORSE
SICKNESS
4 Initial
investigation
(1) This Article applies
where the Minister receives a notification under Article 12(1) or 15(2) of
the Law and cannot rule out the presence of African horse sickness.
(2) A veterinary inspector
must inform (orally or otherwise) the person who gave the notification that further
investigation is necessary.
(3) Where that person has
been so informed, the controls in paragraph (6) apply in relation to the
premises where the notified horse or carcase (as the case may be) is located.
(4) Where those premises
are not the premises where the notified horse is normally kept or, in the case
of a notified carcase, the horse was normally kept before it died, a veterinary
inspector may also inform (orally or otherwise) the main occupier of those
other premises that further investigation is necessary.
(5) Where that main
occupier has been so informed, the controls in paragraph (6), other than
in sub-paragraph (a)(i), apply in relation to those other premises.
(6) The controls are that –
(a) any
person in possession or charge of a notified horse or carcase must ensure that –
(i) the notified
horse or carcase is not moved from the premises where it is located,
(ii) no
equipment or genetic material is moved from the premises,
(iii) no
other horse or carcase is moved from or to the premises, except that any horse
normally kept on the premises may be returned there; and
(b) if
required by a veterinary inspector and to the extent that it is practicable to
do so the main occupier must ensure that –
(i) all horses are
moved away from any part of the premises where vectors are most likely to be
present,
(ii) areas
which may be breeding grounds for vectors are identified and any available
vector control measures directed by a veterinary inspector are implemented.
(7) The controls imposed
under this Article continue to apply until –
(a) a
veterinary inspector confirms (orally or otherwise) to any occupier of the
premises that the presence of African horse sickness virus on the premises is
not suspected; or
(b) the
premises become suspect premises.
5 Measures
on suspicion of African horse sickness
(1) This Article applies
where an inspector suspects that a horse or carcase that is or has been
infected with African horse sickness virus is or has been on any premises,
whether or not those premises are contact premises.
(2) An inspector may serve
a notice on the main occupier designating those premises as suspect premises,
at which point the measures in the Schedule have effect.
(3) A notice served under
paragraph (2) may require the main occupier to erect and maintain such
signs on the premises as may be required by a veterinary inspector.
(4) If the States
Veterinary Officer is satisfied following investigation that it is no longer
appropriate for the premises to remain designated as suspect premises, a veterinary
inspector must revoke the notice served under paragraph (2).
(5) Where that notice is
revoked, the measures in the Schedule cease to have effect, except for the
purposes of the record-keeping duty under paragraph 1(4)(a) and any
requirement for signs under paragraph (3) unless that notice is replaced
by a notice served under Article 6(1).
6 Confirmation
of African horse sickness
(1) Where the States
Veterinary Officer is satisfied as a result of –
(a) any
test carried out;
(b) any
clinical signs in any horse on premises; or
(c) any
epidemiological connection to any other infected premises,
that African horse sickness virus is present in a horse or carcase
or on any premises, a veterinary inspector may serve a notice on the main
occupier declaring the premises to be infected premises.
(2) Where a notice has been
served under paragraph (1), the measures in the Schedule have effect or
continue to have effect as the case may be.
(3) The notice served under
paragraph (1) may require the main occupier to erect and maintain such
signs on the premises as may be required by a veterinary inspector.
(4) If the States
Veterinary Officer considers it necessary to reduce the risk of spread of
African horse sickness virus, the notice served under paragraph (1) may
require measures additional to those in the Schedule and paragraph (3).
(5) If the States
Veterinary Officer is satisfied that further notification of suspicion of
African horse sickness in horses on the premises under Article 12(1) of
the Law will not contribute to the epidemiological knowledge of, or control of
the outbreak of, African horse sickness, the notice may state that such further
notification is not necessary.
7 Powers
to prevent horses from being brought onto other premises
(1) This Article applies
where premises are infected premises and the States Veterinary Officer
considers that due to the risk of African horse sickness virus spreading it is
appropriate to prevent horses from being brought onto other premises.
(2) An inspector may serve
a notice on the main occupier of those other premises imposing the prohibition
in paragraph (3).
(3) The prohibition is that
no person may move any horse onto the premises for such period as may be
specified in the notice, except under the authority of a licence granted by a
veterinary inspector.
(4) The notice may require
the main occupier to erect and maintain such signs on the premises as may be
required by a veterinary inspector.
(5) A veterinary inspector
must revoke any notice served under paragraph (2) if satisfied, having
regard to the epidemiological risk, that the prohibition is no longer necessary
to reduce the risk of the spread of African horse sickness virus.
8 Killing
and disposal of carcases
(1) Article 17 of the
Law applies to African Horse Sickness.
(2) The Minister may
arrange, in accordance with Article 17(1) of the Law, for the killing of
all horses infected with African horse sickness virus or that present clinical
signs of African horse sickness where those horses are –
(a) on
suspect premises that are contact premises; or
(b) on
infected premises.
(3) If any horse is killed
under paragraph (1) the Minister –
(a) must
arrange for the disposal of its carcase; and
(b) may
arrange for the disposal of the carcase of any other horse that has died on
those premises.
(4) The Minister must
ensure that any such disposal is carried out in such a way as to avoid the risk
of spread of African horse sickness virus.
9 Revocation
of notices declaring premises to be infected premises
(1) A veterinary inspector
must not revoke a notice declaring premises to be infected premises unless the
States Veterinary Officer is satisfied that there is minimal risk of further
infection from those premises.
(2) If not already revoked
by a veterinary inspector, a notice declaring premises to be infected premises
is revoked when the premises to which the notice relates cease to be within any
zone declared under Part 3.
(3) Where a revocation
under this Article takes effect the measures in the Schedule cease to have effect,
except for the purposes of the record-keeping duty under
paragraph 1(4)(a).
PART 3
AREA CONTROLS
10 Temporary
movement restriction zone
(1) This Article applies
where premises are suspect premises.
(2) Where the Minister
considers it necessary to reduce the risk of spread of African horse sickness
virus, the Minister may declare a temporary movement restriction zone around
the suspect premises.
(3) The temporary movement
restriction zone must be of such size as the Minister considers necessary
having regard to the risk of spread of African horse sickness virus.
(4) A person must not move
any horse or carcase to or from premises, or any equipment or genetic material
off premises, within the temporary movement restriction zone except under the
authority of a licence granted by a veterinary inspector.
(5) If the Minister
considers it necessary to reduce the risk of spread of African horse sickness
virus, the Minister may impose any other measures in the declaration of the
temporary movement restriction zone.
11 Controlled
zone
(1) This Article applies
where premises are infected premises.
(2) The Minister may
declare a controlled zone, which must cover the whole of Jersey.
(3) The Minister must
ensure that within the controlled zone –
(a) premises
that contain horses are identified as far as is reasonably practicable;
(b) a
veterinary inspector visits in a systematic way as directed by the States
Veterinary Officer any such identified premises, and –
(i) inspects and as
necessary examines the horses, and
(ii) collects
and tests such samples as the States Veterinary Officer considers necessary.
(4) The Schedule sets out
measures that apply in relation to premises containing horses in a controlled
zone.
(5) The Minister may
declare that any other measure considered necessary to reduce the risk of
spread of African horse sickness virus applies in respect of the whole or any
part of the controlled zone.
(6) When the controlled
zone is revoked, the measures in the Schedule and any other measures declared
by the Minister cease to have effect, except for the purposes of the
record-keeping duty under paragraph 1(4)(a).
12 Declaration
of zones where African horse sickness suspected or confirmed outside Jersey
(1) This Article applies
where –
(a) the
presence of African horse sickness virus is suspected or confirmed officially
outside Jersey; and
(b) the
Minister considers that there is a risk of spread of African horse sickness
virus to Jersey.
(2) The Minister may
declare a temporary movement restriction zone or a controlled zone of such size
as the Minister considers necessary to reduce the risk of spread of African
horse sickness virus.
(3) Articles 10(4) and
(5), and 11(3) to (6) apply to any zone declared under this Article as if it
were a zone declared under Article 10 or 11 (as applicable).
(4) In deciding whether or
not to amend or revoke any declaration of a zone, the Minister must have regard
to the epidemiological situation and the measures necessary to control the
spread of African horse sickness virus.
PART 4
VACCINATION
13 Prohibition
on vaccination except in certain cases
A person must not vaccinate a horse against African horse sickness
except in accordance with this Part or under the authority of a licence granted
by a veterinary inspector.
14 Compulsory
vaccination
(1) The Minister may
declare a vaccination zone.
(2) When a vaccination zone
has been declared, any occupier of premises inside that zone must ensure the
vaccination of horses on their premises in accordance with that declaration.
(3) A veterinary inspector
may serve a notice on any person in possession or charge of a horse requiring
that person to vaccinate the horse in accordance with the notice (whether or
not a vaccination zone has been declared under paragraph (1)).
(4) Where a horse is vaccinated
under paragraph (3) the keeper must ensure that it is identified by way of
a transponder prior to vaccination and a record is kept of the vaccination for
12 months after the date of the vaccination.
(5) The cost of any
vaccination under this Article is to be borne by the keeper unless the
declaration or notice, as the case may be, states otherwise.
15 Movement
of vaccinated horses
A person must not move a vaccinated horse from the premises where it
was vaccinated until at least 60 days have elapsed since –
(a) the date of the
vaccination; or
(b) if the vaccination
includes a course of doses, the date of the final dose,
except under the authority of a licence granted by a veterinary
inspector.
PART 5
CLOSING PROVISION
16 Citation
This Order may be cited as the Animal Health (African Horse
Sickness) (Jersey) Order 2017.