Importation of Equine Animals (Jersey) Order 1958

IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 Revised Edition 02.400.52 Showing the law as at 1 January 2006 This is a revised edition of the law Importation of Equine Animals (Jersey) Order 1958 Arrangement Revised Edition – 1 January 2006 Page - 3 02.400.52 IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Extension of definition of disease ................................................................... 5 3 Place of landing ............................................................................................... 6 4 Restrictions on the landing of equine animals brought from the British Islands or the Republic of Ireland ................................................................... 6 5 Restrictions on the landing of equine animals brought from a country outside the British Islands and the Republic of Ireland ................................... 6 6 Power to require an equine animal to be tested with mallein .......................... 9 7 Power to require isolation, detention, examination and tests .......................... 9 8 Licences ........................................................................................................... 9 9 Citation ............................................................................................................ 9 SCHEDULE 10 VETERINARY CERTIFICATE FOR THE PURPOSES OF ARTICLE 5(1) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 10 VETERINARY CERTIFICATE FOR THE PURPOSES OF ARTICLE 5(2) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 12 DECLARATION FOR THE PURPOSES OF ARTICLE 5(2) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 14 Supporting Documents ENDNOTES 15 Table of Legislation History ......................................................................................... 15 Table of Renumbered Provisions .................................................................................. 16 Arrangement Importation of Equine Animals (Jersey) Order 1958 Page - 4 Revised Edition – 1 January 2006 02.400.52 Table of Endnote References ....................................................................................... 16 Importation of Equine Animals (Jersey) Order 1958 Article 1 Revised Edition – 1 January 2006 Page - 5 02.400.52 IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 19581 2 THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Articles 1, 3 13, 14 and 42 of the Diseases of Animals (Jersey) Law 1956,3 orders as follows – Commencement [see endnotes] 1 Interpretation4 (1) In this Order – “equine animal” means a horse or zebra;5 “Law” means the Diseases of Animals (Jersey) Law 1956;6 (2) For the purposes of this Order, the country from which any equine animal is brought to Jersey means the country in which the journey of that equine animal to Jersey began but does not include any other country through which the equine animal passes in transit on its way to a port for shipment without any break of journey other than a break of journey necessary for the feeding, watering or rest of the equine animal, or incidental to its transhipment, or to the working of traffic.7 2 Extension of definition of disease For the purposes of this Order, and for the purposes of Articles 3, 13 and 14 and Part 4 of the Law, in so far as they may be applicable to the making, administration and enforcement of this Order, the definition of “disease” in Article 1 of the Law is extended so as to include encephalomyelitis, equine virus abortion, horsepox, influenza, ringworm, strangles and ulcerative lymphangitis. Article 3 Importation of Equine Animals (Jersey) Order 1958 Page - 6 Revised Edition – 1 January 2006 02.400.52 3 Place of landing No equine animal shall be landed or transhipped anywhere in Jersey otherwise than at the Port of St. Helier or at St. Peter’s Airport.8 4 Restrictions on the landing of equine animals brought from the British Islands or the Republic of Ireland9 The landing in Jersey from any vessel of any equine animal brought from a country within the British Islands (other than the Bailiwick of Guernsey) or from the Republic of Ireland is prohibited unless there is delivered to the Minister the certificate of a veterinary surgeon duly authorized to practise in the country from which the equine animal was brought to Jersey, stating – (a) the breed, age and sex of the equine animal; (b) that the equine animal was examined by the veterinary surgeon within the 3 days immediately preceding the date of the commencement of its journey to Jersey and was found by the veterinary surgeon to be free from disease. 5 Restrictions on the landing of equine animals brought from a country outside the British Islands and the Republic of Ireland10 (1) The landing in Jersey from any vessel of any equine animal not being an equine animal to which paragraph (2) applies, brought from a country outside the British Islands and the Republic of Ireland is prohibited unless there is delivered to the Minister a certificate signed by a duly authorized veterinary officer in the service of the Government of the country from which the equine animal was brought to Jersey, stating – (a) the breed, age and sex of the equine animal; (b) that the equine animal was examined by a veterinary officer of the said Government within the 3 days immediately preceding the date of the commencement of its journey to Jersey and found by the veterinary officer to show no symptoms of African horse sickness (pestis equorum), glanders (including farcy), epizootic lymphangitis, ulcerative lymphangitis, dourine, horsepox, sarcoptic mange, psoroptic mange, influenza, ringworm, strangles, infectious anaemia of equidae or encephalomyelitis; (c) that the equine animal was tested with mallein by a veterinary surgeon within the 10 days immediately preceding the date of the commencement of its journey to Jersey and did not react; (d) that, within the 3 weeks immediately preceding the commencement of its journey to Jersey, the equine animal was subjected to the complement fixation test for contagious abortion with a negative result; (e) that to the best of the certifying officer’s knowledge and belief the equine animal had not, at the time of the commencement of its journey to Jersey, been kept during the immediately preceding period of 6 months on any premises on which infectious anaemia of equidae, encephalomyelitis, equine virus abortion or African Importation of Equine Animals (Jersey) Order 1958 Article 5 Revised Edition – 1 January 2006 Page - 7 02.400.52 horse sickness (pestis equorum) existed or had previously existed during that period of 6 months, and had not otherwise been exposed to the risk of infection with any of those diseases; (f) that during a period of not less than 12 months immediately preceding the commencement of the equine animal’s journey to Jersey, African horse sickness (pestis equorum) has not existed in such country; (g) in the case of a female equine animal, that, to the best of the certifying officer’s knowledge and belief, the animal has not suffered from respiratory catarrhal infection during the 3 months immediately preceding the date of the signing of the certificate (which date shall not be more than 2 weeks before the commencement of the female equine animal’s journey to Jersey);11 (2) The landing in Jersey from any vessel of any equine animal being an equine animal of one of the following classes, or descriptions – a race horse; a trained pony imported for playing polo; a performing horse; a horse entered for the purposes of exhibition or competition at any show, parade or other like event; a zebra; or a horse intended to be exported from Jersey within 14 days after landing, brought from a country outside the British Islands and the Republic of Ireland is prohibited unless – (a) there is delivered to the Minister a certificate signed by a duly authorized veterinary officer in the service of the Government of the country from which the equine animal was brought to Jersey, stating – (i) the breed, age and sex of the equine animal, (ii) that the equine animal was examined by a veterinary officer of the said Government within the 3 days immediately preceding the date of the commencement of its journey to Jersey and found by the veterinary officer to show no symptoms of African horse sickness (pestis equorum), glanders (including farcy), epizootic lymphangitis, ulcerative lymphangitis, dourine, horsepox, sarcoptic mange, psoroptic mange, influenza, ringworm, strangles, infectious anaemia of equidae or encephalomyelitis, (iii) that, within the 3 weeks immediately preceding the commencement of its journey to Jersey, the equine animal was subjected to the complement fixation test for contagious abortion with a negative result, (iv) that the equine animal has been continuously in that country during the 6 months immediately preceding the commencement of its journey to Jersey and that, during Article 5 Importation of Equine Animals (Jersey) Order 1958 Page - 8 Revised Edition – 1 January 2006 02.400.52 those 6 months, that country was free from glanders (including farcy), (v) that to the best of the certifying officer’s knowledge and belief the equine animal had not, at the time of the commencement of its journey to Jersey, been kept during the immediately preceding period of 6 months on any premises on which infectious anaemia of equidae, encephalomyelitis, equine virus abortion or African horse sickness (pestis equorum) existed or had previously existed during that period of 6 months, and had not otherwise been exposed to the risk of infection with any of those diseases, (vi) that during a period of not less than 12 months immediately preceding the commencement of the equine animal’s journey to Jersey, African horse sickness (pestis equorum) has not existed in such country, (vii) in the case of a female equine animal, that, to the best of the certifying officer’s knowledge and belief, the animal has not suffered from respiratory catarrhal infection during the 3 months immediately preceding the date of the signing of the certificate (which date shall not be more than 2 weeks before the commencement of the female equine animal’s journey to Jersey): Provided that where the equine animal has not been in the country from which it has been brought to Jersey for the period of 6 months immediately preceding the commencement of its journey to Jersey, there shall be substituted for the statement required by clause (iv) a statement of the conditions imposed on the entry of that equine animal into that country by the Government thereof for the prevention of the spreading of glanders (including farcy) together with a declaration that these conditions have been properly observed; (b) the certificate referred to in sub-paragraph (a) contains a declaration in writing signed by the owner or consignor of the equine animal, stating – (i) to which of the classes or descriptions specified in this paragraph the said equine animal belongs, (ii) the estimated value of the equine animal, and (iii) the name and address of the person in Jersey to whom the equine animal is consigned.12 (3) The certificate and declaration prescribed by this Article may refer to more than one equine animal but the full particulars required in such certificate and declaration shall be clearly given in respect of each equine animal to which the certificate or declaration relates.13 (4) The certificate and declaration prescribed by this Article shall, in relation to zebras, contain such modifications as are necessary to give effect to the Importation of Zebras (Control) (Jersey) Order 1963.14 Importation of Equine Animals (Jersey) Order 1958 Article 6 Revised Edition – 1 January 2006 Page - 9 02.400.52 6 Power to require an equine animal to be tested with mallein15 For the purpose of preventing the introduction or spreading of glanders (including farcy) in Jersey, the Minister may cause any equine animal landed in Jersey to be tested with mallein by the Veterinary Officer at any time within 28 days after the arrival of the equine animal, and the owner of the equine animal and the occupier of the premises where the equine animal is to be found shall give all such facilities as may be necessary for such testing.16 7 Power to require isolation, detention, examination and tests (1) For the purpose of preventing the introduction or spreading of disease, the Minister may require any equine animal landed in Jersey to be detained and isolated and to be subjected to such examination and tests as the Minister thinks fit.17 (2) Any expenses incurred by the Minister under this Article shall be recoverable, as a civil debt, from the owner of the equine animal.18 8 Licences (1) Nothing in this Order shall prohibit the doing of anything under the authority of a licence granted by or on behalf of the Minister thereunder and in accordance with any conditions attaching thereto. (2) Any licence granted under this Article may be revoked, suspended or varied at any time by the Minister. 9 Citation This Order may be cited as the Importation of Equine Animals (Jersey) Order 1958.19 SCHEDULE Importation of Equine Animals (Jersey) Order 1958 Page - 10 Revised Edition – 1 January 2006 02.400.52 SCHEDULE20 1. VETERINARY CERTIFICATE FOR THE PURPOSES OF ARTICLE 5(1) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 I, the undersigned, a duly authorized veterinary officer of the Government of ………………………………..……..…, certify (1) that the equine animal(s) described below has (have) this day been examined by a veterinary officer of the said Government and found by him or her to show no ymptoms of African horse sickness (pestis equorum), glanders (including farcy), epizootic lymphangitis, ulcerative lymphangitis, dourine, horsepox, sarcoptic mange, psoroptic mange, influenza, ringworm, strangles, infectious anaemia of equidae or encephalomyelitis; (2) that (each of) the equine animal(s) described below was tested with ymptom by a veterinary surgeon on the date(s) mentioned being (a) date(s) within the 10 days immediately preceding the commencement of its journey to Jersey and that the equine animal(s) did not react; (3) that (each of) the equine animal(s) described below was on the date(s) mentioned, being within the period of 3 weeks immediately preceding the commencement of its journey to Jersey, subjected to the complement fixation test for contagious abortion with a negative result; (4) that to the best of my knowledge and belief, the equine animal(s) described below had not, at the time of commencement of its (their) journey to Jersey, been kept during the immediately preceding period of 6 months on any premises on which infectious anaemia of equidae, encephalomyelitis, equine virus abortion or African horse sickness (pestis equorum) existed or had previously existed during that period of 6 months, and had not otherwise been exposed to the risk of infection with any of those diseases; (5) that during a period of not less than 12 months immediately preceding the commencement of the equine animal’s journey to Jersey, African horse sickness (pestis equorum) has not existed in the country first above mentioned; Importation of Equine Animals (Jersey) Order 1958 SCHEDULE Revised Edition – 1 January 2006 Page - 11 02.400.52 (6) that, to the best of my knowledge and belief, the female equine animal(s) described below has (have) not suffered from respiratory catarrhal infection during the 3 months immediately preceding the date of this certificate. EQUINE ANIMAL(S) TO WHICH THIS CERTIFICATE RELATES Description of equine animal(s) Date of Mallein test. Result of test. Breed. Age. Sex. Signature of Veterinary Officer …………..….…… of the Government of …………………………….. Dated this ……..…………………………………..…… day of ……..…………………., 20……. SCHEDULE Importation of Equine Animals (Jersey) Order 1958 Page - 12 Revised Edition – 1 January 2006 02.400.52 2. VETERINARY CERTIFICATE FOR THE PURPOSES OF ARTICLE 5(2) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 I, the undersigned, a duly authorized veterinary officer of the Government of (a) ……………………..……………………. certify – (1) that the equine animal(s) described below has (have) this day been examined by a veterinary officer of the said Government and found by the veterinary officer to show no ymptoms of African horse sickness (pestis equorum), glanders (including farcy) epizootic lymphangitis, ulcerative lymphangitis, dourine, horsepox, sarcoptic mange, psoroptic mange, influenza, ringworm, strangles, infectious anaemia of equidae or encephalomyelitis; (b) (2) that the equine animal(s) described below has (have) been continuously in (a) …………………………… during the 6 months immediately preceding the commencement of its (their) journey to Jersey; OR (b) (2) that on the entry into (a) …………………………..... of the equine animal(s) described below the following conditions – were imposed by the Government of that country for the purpose of preventing the spreading of glanders (including farcy), and that those conditions have been properly observed; And I further certify that during the period of 6 months immediately preceding the commencement of the journey of that (those) equine animal(s) to Jersey, (a) ………………………………...…….…. was free from glanders (including farcy); (3) that (each of) the equine animal(s) described below was, within the period of 3 weeks immediately preceding the commencement of its journey to Jersey, subjected to the complement fixation test for contagious abortion with a negative result; Importation of Equine Animals (Jersey) Order 1958 SCHEDULE Revised Edition – 1 January 2006 Page - 13 02.400.52 (4) that to the best of my knowledge and belief, the equine animal(s) described below had not, at the time of commencement of its (their) journey to Jersey, been kept during the immediately preceding period of 6 months on any premises on which infectious anaemia of equidae, encephalomyelitis, equine virus abortion or African horse sickness (pestis equorum) existed or had previously existed during that period of 6 months, and had not otherwise been exposed to the risk of infection with any of those diseases; (5) that during a period of not less than 12 months immediately preceding the commencement of the equine animal’s journey to Jersey, African horse sickness (pestis equorum) has not existed in the country first above mentioned; (6) that, to the best of my knowledge and belief, the female equine animal(s) described below has (have) not suffered from respiratory catarrhal infection during the 3 months immediately preceding the date of this certificate. EQUINE ANIMAL(S) TO WHICH THIS CERTIFICATE RELATES Breed. Age. Sex. Category. Signature of Veterinary Officer …….…………… of the Government of (a) ………….……………. Dated this .…………………………………………..….. day of …….…………………, 20… (a) Insert name of country. (b) Delete whichever paragraph is not applicable. SCHEDULE Importation of Equine Animals (Jersey) Order 1958 Page - 14 Revised Edition – 1 January 2006 02.400.52 3. DECLARATION FOR THE PURPOSES OF ARTICLE 5(2) OF THE IMPORTATION OF EQUINE ANIMALS (JERSEY) ORDER 1958 I, (a) ………………………………………, declare that I am the owner/consignor (b ) of the equine animal(s) described in the foregoing certificate and that the class(es) or description(s), the estimated value(s) and the name(s) and address(es) of the consignee(s) of the equine animal(s) are as follows: Class or description of the equine animal. (b) Estimated Value. Name and address of consignee in Jersey. Race horse Trained pony imported for playing polo Performing equine animal Equine Animal entered for the purposes of exhibition or competition at a show, parade or like event Zebra or Equine Animal intended to be exported from Jersey within 14 days after landing Signature of owner or consignor …………………..…………… Dated this …..…..…………… day of ……...........………., 20…. (a) Insert full name of signatory (b) Delete the classes and descriptions which do not apply. Importation of Equine Animals (Jersey) Order 1958 Endnotes Revised Edition – 1 January 2006 Page - 15 02.400.52 ENDNOTES Table of Legislation History Legislation Year and No Commencement Importation of Horses (Jersey) Order 1958 R&O.3966 1 December 1958 Diseases of Animals (Amendment of Orders) (Jersey) Order 1958 R&O.3999 1 December 1958 Importation of Horses (African Horse Sickness) (Prohibition) (Jersey) Order 1961 R&O.4217 7 March 1961 Importation of Horses (Amendment) (Jersey) Order 1961 R&O.4227 1 April 1961 Importation of Zebras (Control) (Jersey) Order 1963 R&O.4461 17 June 1963 Importation of Horses (Amendment No. 2) (Jersey) Order 1966 R&O.4826 21 September 1966 Importation of Horses (Amendment No. 3) (Jersey) Order 1967 R&O.4878 9 January 1967 Importation of Equine Animals (Amendment) (Jersey) Order 1975 R&O.6201 25 September 1975 Importation of Equine Animals (Amendment No. 2) (Jersey) Order 1978 R&O.6591 1 January 1979 Importation of Equine Animals (Amendment No. 3) (Jersey) Order 1983 R&O.7142 19 January 1983 Importation of Equine Animals (Amendment No. 3) (Jersey) Order 1987 R&O.7684 23 October 1987 Importation of Equine Animals (Amendment No. 5) (Jersey) Order 1991 R&O.8158 9 January 1991 States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005 R&O.132/2005 9 December 2005 Endnotes Importation of Equine Animals (Jersey) Order 1958 Page - 16 Revised Edition – 1 January 2006 02.400.52 Table of Renumbered Provisions Original Current 4(a) 4 (i) (a) (ii) (b) (iii) repealed by R&O.7684 (b) repealed by R&O.8158 5(1) 5(1) (i) (a) (ii) (b) (iii) (c) (iiia) (d) (iv) (e) (v) (f) (vi) (g) (1)(b) repealed by R&O.4826 (2)(a)(iia) (2)(a)(iii) (iii) (iv) (iv) (v) (v) (vi) (vi) (vii) (c) repealed by R&O.4826 Table of Endnote References 1 Short Title amended by R&O.4461 2 This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government 3 chapter 02.400 4 Article 1(1) definitions “Port Officer” deleted by R&O.3999, “horse” deleted by R&O.4461 5 Article 1(1) definition “equine animal” inserted by R&O.4461 6 chapter 02.400 7 Article 1(2) amended by R&O.4461 8 Article 3 amended by R&O.4461 9 Article 4 substituted by R&O.6591, amended by R&O.7142, R&O.7684, R&O.8158; former Article 4 heading amended by R&O.4461, former paragraph (1) amended by R&O.3999, R&O.4227, R&O.4461, R&O.4826. R&O.6201 10 Article 5 heading amended by R&O.4461 11 Article 5(1) amended by R&O.3999, R&O.4217,R&O.4227, R&O.4461, R&O.4826, R&O.4878, R&O.6201, R&O.6591, R&O.7142 12 Article 5(2) amended by R&O.3999, R&O.4217, R&O.4227, R&O.4461, R&O.4826, R&O.4878, R&O.6201, R&O.6591, R&O.7142 13 Article 5(3) amended by R&O.4461 14 R&O.4461 Article 5(4) inserted by R&O.4461 Importation of Equine Animals (Jersey) Order 1958 Endnotes Revised Edition – 1 January 2006 Page - 17 02.400.52 15 Article 6 heading amended by R&O.4461 16 Article 6 amended by R&O.4461 17 Article 7(1) amended by R&O.4461 18 Article 7(2) amended by R&O.4461 19 Article 9 amended by R&O.4461 20 Schedule amended by R&O.4217, R&O.4227, R&O.4461, R&O.4878, R&O.6201, R&O.6591, R&O.7142