UK Offence Report

The Bovine Viral Diarrhoea (Wales) Order 2024

Welsh Statutory Instrument 2024 No. 753 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
11 June 2024
In force from
Not determined
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
Animal Health Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order provides for the control and eradication of Bovine Viral Diarrhoea (“BVD”) in Wales. Part 1 of this Order contains general provisions. Article 3 extends the definition of disease under section 88(1) of the Animal Health Act 1981 (c. 22) to BVD. Part 2 of this Order provides for the approval of veterinary surgeons and laboratories to carry out functions under the Order. Part 3 of this Order provides for the sampling and notification procedures to be followed. The types of samples listed in article 11 may only be taken by, or under the supervision of, an approved veterinary surgeon. Samples must be submitted for testing under the conditions in article 12. Article 13 provides for the conditions applicable where an ear tag sample of tissue is taken from a bovine animal. Articles 14 and 15 apply where a management tag has been applied to an animal. Article 16 specifies the notification requirements of test results by operators of approved laboratories. Article 17 requires keepers to notify others of the BVD status of a bovine animal in certain circumstances. Part 4 of this Order provides for the BVD status of individual bovine animals (article 19) and herds (article 20). An approved veterinary surgeon may change the individual status of an animal (article 21) or the collective status of a herd (article 22), and must notify such a change to the keeper and the Welsh Ministers (article 23). Part 5 of this Order provides for the screening of bovine herds and individual animals to determine the presence of BVD. A keeper must arrange for the sampling of a herd for BVD in accordance with articles 25 and 26. Subject to the test results of this sample (articles 27 and 28), further testing of individual animals, including calves, must be carried out (articles 29 to 37). Part 6 of this Order provides for movement restrictions for bovine herds with a collective BVD status of not negative (article 38), for animals with an individual BVD status of positive (article 39), or where sampling and testing obligations have not been met (article 42). Article 40 specifies the pre-movement testing procedure for animals in a herd which has a collective BVD status of not negative, and article 41 provides for post-movement testing of animals from outside of Wales which are moved onto a holding in Wales. Article 43 provides for the separation of animals with an individual BVD status of persistently infected from the rest of the herd. Part 7 of this Order contains enforcement provisions. Articles 45, 46 and 47 provide for enforcement, powers of entry and powers of inspectors. Article 48 provides for offences by bodies corporate. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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