Animal Health (Rabies)
(Jersey) Order 2016
Official Consolidated Version
This is an official version
of consolidated legislation compiled and issued under the authority of the
Legislation (Jersey) Law 2021.
Showing the law from 1 January 2019 to Current
Animal Health (Rabies) (Jersey)
Order 2016
Part 1
Introductory
provisions
1 Interpretation
In this Order, unless the context otherwise
requires –
“animal” means a mammal other than a human being;
“cat” means an animal belonging to the species Felis catus of the order of mammals Carnivora or a hybrid of that species;
“contact premises” means premises that are designated as
such under Article 5(1);
“dog” means an animal belonging to the species Canis familiaris of the order of mammals Carnivora or a hybrid of that species;
“infection zone” means a zone declared to be such under
Article 8(2);
“infected premises” means a place declared to be such
under Article 7(1);
“Law” means the Animal Health (Jersey) Law 2016;
“suspect animal” means an animal suspected to be or to
have been infected with rabies;
“suspect premises” means premises designated as such
under Article 4(1);
“temporary control zone” means a zone declared as such
under Article 6(1).
2 Application
(1) For the purposes of
this Order the definition of “animal” in Article 4 of the Law
is extended to include all mammals except human beings.
(2) This Order applies only
to rabies.
(3) 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.
Part 2
Suspicion of rabies
3 Initial
investigation
A veterinary inspector who investigates following notification of
rabies under Article 12(1) or 15(2) of the Law and cannot rule out the
presence of rabies must according to his or her findings –
(a) confirm that rabies is
still suspected and serve a notice under Article 4(1)(a); or
(b) confirm the presence of
rabies and serve a notice under Article 7(1).
4 Measures
on suspicion of rabies
(1) Where a veterinary
inspector suspects that an animal or carcase infected with rabies is or has
been present on any premises such that the premises continue to pose the risk
of spread of rabies –
(a) an
inspector must serve a notice on the occupier designating premises as suspect
premises, as well as any other occupier or keeper of a suspect animal that the
veterinary inspector considers may be affected by the measures in Schedule 1,
following which Schedule 1 applies; and
(b) a
veterinary inspector must take all reasonable steps to establish whether or not
rabies is present at the suspect premises.
(2) Any occupier on whom a
notice is served must inform any other person affect by the measures imposed by
the notice.
(3) The notice served under
paragraph (1) may be revoked only if a veterinary inspector is satisfied
that no animal is infected with rabies at the suspect premises.
(4) On the revocation of
the notice the measures in Schedule 1 cease to apply.
5 Measures
on contact premises
(1) If an animal on
premises other than suspect or infected premises has had contact with a suspect
animal (whether or not showing clinical signs of rabies) or an animal confirmed
to have rabies, an inspector may serve a notice on the occupier designating
those premises as contact premises, as well as any other occupier or keeper of
a suspect animal that the veterinary inspector considers may be affected by the
measures in Schedule 1, following which Schedule 1 applies.
(2) Any occupier on whom a
notice is served must inform any other person affected by the measures imposed
by the notice.
(3) The notice served under
paragraph (1) may be revoked only if a veterinary inspector is satisfied
that no animal is infected with rabies at the contact premises.
(4) On the revocation of
the notice the measures in Schedule 1 cease to apply.
6 Temporary
controlled zone
(1) The Minister may
declare a temporary controlled zone around suspect premises.
(2) The temporary
controlled zone must be of such extent as the Minister considers necessary to
reduce the risk of the spread of rabies as far as practicable.
(3) The declaration may
apply all or any of the measures in Schedule 2 and any other measure that
the Minister considers necessary in all or part of the temporary controlled
zone in order to prevent or reduce the risk of the spread of rabies.
(4) Any part of a temporary
controlled zone that is subsequently incorporated into an infection zone will
cease to exist as a temporary controlled zone.
(5) The Minister must
revoke the declaration of a temporary controlled zone if the presence of rabies
has been ruled out on suspect premises.
Part 3
Infected Premises and Infection Zone
7 Designation
of premises as infected premises when presence of rabies confirmed
(1) If the States
Veterinary Officer is satisfied that rabies is or has been present on premises
such that the premises continue to pose the risk of its spreading, a veterinary
inspector must serve a notice on the occupier designating the premises as
infected premises as well as any other occupier or keeper of a suspect animal
that the veterinary inspector considers may be affected by the measures in
Schedule 1.
(2) Where such a notice is
served the measures in Schedule 1 apply or continue to apply together with
any further measures specified in the notice as a veterinary inspector
considers necessary to contain the rabies.
(3) Any occupier on whom a
notice is served must inform any other person affected by the measures imposed
by the notice.
(4) A veterinary inspector
must not revoke a notice served under paragraph (1) unless the States
Veterinary Officer is satisfied that rabies virus is no longer on the premises.
8 Infection
zone
(1) This Article applies
where rabies has been confirmed on premises.
(2) The Minister may
declare an infection zone around the premises.
(3) The zone must be
centred on the part of the premises that the Minister considers most
appropriate for the control of rabies and be of such size and shape as the
Minister considers necessary to reduce the risk of spread of rabies.
(4) The declaration may
apply all or any of measures in Schedule 2 and any other measure that the
Minister considers necessary in all or part of the infection zone in order to
prevent or reduce the risk of the spread of rabies.
(5) In particular, the
Minister may ban any sporting or recreational activities that the States
Veterinary Officer considers might risk the spread of rabies.
(6) The Minister must
revoke the declaration of an infection zone once he or she is satisfied that
there is no further risk of the spread of rabies within the zone.
Part 4
General measures
9 Killing
(1) Article 17 of the
Law applies to rabies.
(2) If premises are
designated as suspect, contact or infected premises, the States Veterinary Officer
may arrange for the killing of animals on the premises unless Article 17(5)
of the Law applies.
(3) Where the Minister
considers it necessary to reduce the risk of spread of rabies, he or she may
kill any wild animal.
(4) If an animal other than
a wild animal is killed under this Order, the Minister must arrange for the
disposal of the carcase.
10 Compulsory
vaccination of animals
(1) The Minister may
require animals to be vaccinated in the infection zone or by the declaration of
a separate vaccination zone.
(2) When vaccination is
required of any animal under paragraph (1), the keeper of such an animal
must ensure it is vaccinated in accordance with that paragraph.
(3) A veterinary inspector
may serve a notice on the keeper of an animal requiring him or her to vaccinate
it in accordance with the notice (whether or not a vaccination has been
required by a zone declared under paragraph (1)).
(4) Where an animal is
vaccinated under this Article, the keeper must ensure that it is marked in such
manner, or provided with such other means of identification, as the Minister
may require.
(5) If a person contravenes
this Article, the Minister may cause the animal to be seized and –
(a) arrange
for the requirements of this Article to be carried out; or
(b) destroy
the animal and dispose of its carcase, or otherwise dispose of the animal as
the Minister thinks fit.
(6) The reasonable expenses
of the Minister incurred in seizing, vaccinating, marking or identifying,
destroying or disposing of an animal under this Article are recoverable by the
Minister from the animal’s keeper as a debt due to the States without its
affecting any proceedings arising for an offence against the Law.
(7) 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.
11 Erection
of warning notices
The Minister may place notices in such manner as he or she thinks
fit –
(a) at any place within and
on the boundaries of an infection zone indicating that it is an infection zone;
and
(b) on the boundaries of
and on any access to land on which the killing of wild animals is to be carried
out in accordance with Article 9(3).
PART 5
Closing provision
12 Citation
This Order may be cited as the Animal Health (Rabies) (Jersey)
Order 2016.
SCHEDULE 1
(Articles 4(1)(a),
5(1) and 7(2))
Measures
on suspect, contact and infected premises
1 Interpretation
In this Schedule “premises”
means suspect premises, contact premises or infected premises as the case may
be.
2 Detention
and isolation of suspect animals
A person –
(a) must
detain and isolate a suspect animal and any other animal on the premises that
has been in contact with a suspect animal as required by a veterinary
inspector;
(b) must
not move such animals from the premises unless licensed by a veterinary
inspector.
3 Contact
with suspect animals
A person who is not an
inspector or the keeper of an animal at the time it becomes a suspect animal
must not have contact with a suspect animal except under the authority of a
licence issued by a veterinary inspector.
4 Movement
and disposal of carcasses
A person must not move a
carcase of a suspect animal from any premises except under the authority of a
licence granted by a veterinary inspector and must dispose of the carcase in a
way specified in the notice.
5 Euthanasia
of a suspect animal by its keeper
(1) A
keeper of a suspect animal who intends to euthanize it must inform the
Minister.
(2) If
a veterinary inspector so requires, the person undertaking the euthanasia must
not damage the head and neck of the animal and must make the carcase available
to a veterinary inspector for veterinary investigation.
6 Notice
of death of a suspect animal
The keeper of a suspect
animal, or the occupier of the premises must immediately give notice to the
Minister after the death of any such animal on the premises and make its
carcase available to a veterinary inspector for veterinary investigation.
7 Removal
of things likely to be contaminated
A person must not remove
from the premises any bedding, litter, dung, utensil, or other thing likely to
be contaminated by rabies except under the authority of a licence issued by a
veterinary inspector.
8 Disinfection
An inspector may serve a
notice on the occupier of the premises requiring cleansing and disinfection to
such an extent, in such a way and using such cleansing agent or disinfectant as
is specified in the notice.
9 Signs
A veterinary inspector
may by notice require the occupier of premises to display signs in a form
specified in the notice.
SCHEDULE 2
(Article 6(3) and
8(4))
Measures
in a Temporary Controlled Zone or an Infection Zone
1 Restriction
of movement of animals into and out of zone
A person must not move
animals into or out of a temporary controlled zone or an infection zone, as the
case may be, except under the authority of a licence issued by a veterinary inspector.
2 Control
of dogs and cats
(1) The
keeper of a dog or cat must ensure that it –
(a) is at
all times securely confined within the premises where it usually lives, or a
part of such premises, and does not stray or escape;
(b) does
not come into contact with any other animal, other than an animal with which it
is normally in contact at the premises.
(2) However,
the keeper of a dog or cat may –
(a) exercise
it outside the premises, on condition that, throughout the period of exercise,
it is –
(i) held securely on
a leash and not allowed to run free,
(ii) prevented
from coming into contact with any other animal, other than an animal with which
it is normally in contact at the premises where it usually lives, and
(iii) securely
fitted with a muzzle if it is a dog;
(b) move
it to other premises within Jersey if –
(i) whilst being
moved, it is either controlled as specified in clause (a), or carried in a
suitable secure container so that it is prevented from coming into contact with
any other animal, other than an animal with which it is normally in contact at
the premises where it usually lives, and
(ii) it
does not come into contact with any other animal at the premises to which it is
moved unless licensed by a veterinary inspector.
(3) Despite
sub-paragraphs (1) and (2) if a veterinary inspector is satisfied that,
having regard to the purpose for which a particular dog or cat is kept, any of
the requirements of those sub-paragraphs unduly restrict its suitability for
that purpose, he or she may license the keeper to comply with different
measures as required by the licence.
3 Control
of animals other than dogs and cats
(1) The
keeper of an animal other than a dog or cat must ensure that it –
(a) is at
all times securely confined within the premises where it usually lives, or a
part of such premises, and does not stray or escape;
(b) does
not come into contact with any other animal, other than an animal with which it
is normally in contact at the premises.
(2) However,
the keeper of the animal may –
(a) exercise
an animal that is normally exercised outside the premises on condition that,
throughout the period of exercise, it is –
(i) closely
controlled and properly restrained by the person in charge of the animal, and
in no circumstances permitted to run free, and
(ii) prevented
from coming into contact with any other animal, other than an animal with which
it is normally in contact at the premises where it usually lives;
(b) move
it to other premises within Jersey if –
(i) whilst being
moved it is kept under proper control and restraint, and cannot come into
contact with any other animal, other than an animal with which it is normally
in contact at the premises where it usually lives, and
(ii) it
does not come into contact with any other animal at the premises to which it is
moved unless licensed by a veterinary inspector.
(3) Despite
sub-paragraphs (1) and (2) if a veterinary inspector is satisfied that,
having regard to the purpose for which a particular animal is kept, any of the
requirements of those sub-paragraphs unduly restrict its suitability for that
purpose, he or she may license the keeper to comply with different measures as
required by the licence.
4 Seizure,
detention and disposal of animals not under control
(1) The
Minister or a police officer –
(a) may
seize and detain an animal to which paragraphs 2 or 3 apply and which is
not confined or controlled as required by those paragraphs; and
(b) must
take all reasonable steps to publicize the address of any place at which
animals so seized are detained.
(2) The
animal seized must be detained for 3 days, unless claimed by its keeper
within that period.
(3) A
veterinary inspector may require the seized animal to be detained at its
keeper’s expense at such place and for such additional period as the
veterinary inspector may direct.
(4) Where
an additional period of detention has been directed in respect of the animal
under sub-paragraph (3) and the keeper –
(a) fails
to enter into an arrangement satisfactory to the Minister for meeting the
reasonable expenses incurred or to be incurred in connection with such
additional period of detention; or
(b) fails
to comply with the terms of such an arrangement,
the Minister may cause the
animal to be destroyed and its carcase disposed of, or otherwise dispose of the
animal as the Minister may think fit.
(5) If
an animal seized under this paragraph is not claimed by its keeper within the
period specified in sub-paragraph (2), the Minister may cause the animal
to be destroyed and its carcase disposed of, or otherwise dispose of the animal
as the Minister may think fit.
(6) The
reasonable expenses of the Minister incurred in seizing, detaining, destroying
or disposing of an animal or carcase under this paragraph are recoverable by
the Minister from the animal’s keeper as a debt due to the States without
its affecting any proceedings arising for an offence against the Law.
(7) Where
circumstances prevent an animal liable to be seized under this paragraph from
being so seized, an inspector or police officer may destroy the animal without
so seizing it.
5 Prohibition
of certain activities
(1) Unless
licensed by a veterinary inspector, a person must not arrange –
(a) the
racing or coursing, or the training for racing or coursing, of any dog;
(b) point-to-point
meetings;
(c) drag-hunting;
(d) the
shooting or attempted shooting of game or other wildlife; and
(e) the
gathering of any animals.
(2) A
person must not take an animal to an activity mentioned in sub-paragraph (1)
unless the activity is licensed under that sub-paragraph.
6 Notification
of deaths of animals
(1) A
person who knows of the death of an animal or who finds the carcase of an
animal must report the fact to the Minister, unless he or she has reasonable
grounds for believing that the animal did not die from rabies, or the fact of
its death has already been reported.
(2) The
carcase of every animal reported to the Minister under sub-paragraph (1)
belongs to the Minister, and must be buried or otherwise disposed of in such
manner as the Minister may determine.