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The Tuberculosis (Wales) (Amendment) Order 2023

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Tuberculosis (Wales) Order 2010 (S.I. 2010/1379 (W. 122)) (“the 2010 Order”).

The amendments are contained in the Schedule to this Order.

Paragraph 1 of the Schedule adds a definition of “high-risk area in England” to the 2010 Order as part of the introduction of post-movement testing in the intermediate TB area in Wales. Paragraph 1 also adds a definition of “officially tuberculosis-free status” and amends the definitions of “deposited map” and “licensed finishing unit”.

Paragraph 2 inserts a new paragraph into article 8 of the 2010 Order to impose an obligation on a person who makes a notification of the suspicion of tuberculosis under article 8(1) to also notify the keeper of their suspicion.

Paragraph 3 inserts a new paragraph (2A) into article 13A of the 2010 Order requiring keepers in the intermediate TB area who receive bovine animals from the high TB area, from the high-risk area in England, or from Northern Ireland, to arrange and pay for a post-movement skin test to be undertaken by an approved veterinary surgeon. Article 13A(3) is amended so that the existing exceptions to the requirement for a post-movement test will also apply to the new paragraph (2A) .

Paragraph 4 adds a new paragraph to article 14 of the 2010 Order to provide for the publication of information about bovine herds that have officially tuberculosis-free status.

Paragraph 5 amends article 14A of the 2010 Order to remove references to exempt finishing units (as these no longer exist outside of England).

Paragraph 6 amends article 15 of the 2010 Order. A new paragraph (2A) is inserted to prohibit the taking of a sample from a bovine animal without the written consent of the Welsh Ministers. A new paragraph (6) is also added to prohibit a person from moving an animal from premises between the application and result of a relevant test.

Paragraph 7 amends paragraph 5 of Schedule 1 to the 2010 Order to remove references to exempt finishing units.

Paragraph 8 amends Schedule 2 to the 2010 Order. Paragraph 5 of Schedule 2 is amended to remove the reference to exempt finishing units approved by the Welsh Ministers. Paragraph 8 of Schedule 2 is omitted in order to re-instate pre-movement testing for bovine animal movements within and from the low TB area.

Paragraph 9 amends Schedule 3 to the 2010 Order. Paragraph 3 of Schedule 3 is amended to remove reference to exempt finishing units approved by the Welsh Ministers. A new paragraph 6A is inserted permitting some additional movements to and from agricultural shows without the requirement for post-movement testing. The definition of “the low risk area in England” in paragraph 7 of Schedule 3 is updated to the definition in the Tuberculosis in Animals (England) Order 2021 (S.I. 2021/1001) following the revocation of the Tuberculosis (England) Order 2014 (S.I. 2014/2383).

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.

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