The Tuberculosis (Scotland) Order 2007

PART 3 S Testing of bovine animals

Meaning of premises S

7.  For the purposes of articles 8 and 9, premises does not include any assembly centre, collection centre, agricultural show, market or slaughterhouse.

Pre movement testing S

8.—(1) The keeper of any bovine animal on any premises in a high incidence area in Scotland shall not allow that animal to be moved from the premises unless a diagnostic test for tuberculosis has been applied to it no more than 60 days before the date of its movement from the premises.

(2) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a high incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises.

(3) Where a bovine animal on any premises in Scotland which has been moved from any premises in a high incidence area has not had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in the high incidence area, the keeper of the animal shall–

(a) ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the high incidence area; and

(b) where the result of the test carried out under paragraph (a) is read by and to the satisfaction of [F1 an approved veterinary surgeon], ensure that a second test is applied to the animal no fewer than 60 days and no more than 120 days from the date of application of the first test.

[F2 (4) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a low incidence area unless that animal has had applied to it, in the low incidence area, a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in a low incidence area.

(5) Paragraph (4) shall not apply to any bovine animal which was born and kept at all times on premises in a low incidence area.

(6) For the purposes of paragraph (5), a bovine animal which was born and kept at all times on premises in a low incidence area includes a bovine animal which has been moved from premises in a low incidence area to an agricultural show or a market in a high incidence area.

(7) Where a bovine animal on any premises in Scotland which has been moved from any premises in a low incidence area has not had applied to it a diagnostic test for tuberculosis, in the low incidence area, no more than 60 days before the date of its movement from the premises in the low incidence area, the keeper of the animal shall ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the low incidence area.

(8) This article shall not apply to any bovine animal under 42 days of age at the time it is moved to Scotland.]

Textual Amendments

F1 Words in art. 8(3)(b) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(5)

F2 Art. 8(4)-(8) substituted for art. 8(4) (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(3)

[F3 Post movement testing S

9.— (1) Where a bovine animal has been moved to premises in Scotland (in this article “the receiving premises”) from premises in a high incidence area, the keeper of the bovine animal must ensure that a diagnostic test for tuberculosis is applied to it no fewer than 60 days and no more than 120 days after the date on which it first arrives at the receiving premises.

(2) Unless paragraph (3) applies, the keeper of a bovine animal must not allow the animal to be moved from the receiving premises unless a diagnostic test has been applied to it in accordance with paragraph (1) and the results of the test of the animal as read by an inspector or an approved veterinary surgeon are negative for tuberculosis.

(3) This paragraph applies where the bovine animal is moved—

(a) directly to slaughter within 120 days of the animal’s first arrival at the receiving premises,

(b) solely for the purpose of veterinary treatment, provided that after the treatment the animal is returned directly to the receiving premises or is killed or goes directly to slaughter, or

(c) under the authority of a movement licence issued by a veterinary inspector.]

Textual Amendments

F3 Art. 9 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(3)

[F4 Cross-border holdings S

9A.   Articles 8 and 9 do not apply to movements of animals within a cross-border holding where the movement is from that part of the holding situated in England to that part of the holding situated in Scotland or vice versa.]

Textual Amendments

F4 Art. 9A inserted (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(4)

Application of test S

10.—(1) Subject to paragraph (2), the keeper of any bovine animal to which a test must be applied in accordance with article [F5 8(1), (3), (4) or (7)] or [F6 article 9(1)] shall arrange for [F7 an approved veterinary surgeon] to apply the test and shall meet the expense of its application.

(2) Paragraph (1) shall not apply where any bovine animal has had applied to it within the relevant periods a diagnostic test for tuberculosis for purposes other than those of articles 8 and 9.

Textual Amendments

F5 Words in art. 10 substituted (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(5)

F6 Words in art. 10(1) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(4)

F7 Words in art. 10(1) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(6)

Restriction on movement after application of test S

[F8 11.   Unless under the authority of a licence issued by a veterinary inspector, no person shall move a bovine animal from the premises on which it is kept where—

(a) a diagnostic test for tuberculosis has been applied; and

(b) the results of the test have not yet been read.]

Textual Amendments

F8 Arts. 11, 11A substituted for art. 11 (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(7)

[F8 Restriction on movement etc. on positive or inconclusive test results S

11A.— (1) Paragraph (2) applies where—

(a) a diagnostic test for tuberculosis has been applied to a bovine animal;

(b) the results of that test have been read by an inspector or an approved veterinary surgeon;

(c) the inspector or, as the case may be, approved veterinary surgeon is satisfied that the test results reveal that the bovine animal is either a reactor, or an inconclusive reactor; and

(d) the keeper is informed of the test results by a person who has received consent to test under article 26(a).

(2) Where this paragraph applies the keeper must ensure that—

(a) the movement of bovine animals is restricted to the extent that no such animal may be moved on or off the premises on which it is kept at the point when this paragraph applies, except under the authority of a licence issued by a veterinary inspector;

(b) every reactor and inconclusive reactor is isolated from other animals on the premises;

(c) no milk from a reactor is placed in a bulk milk tank; and

(d) where the reactor is kept on premises with a dairy herd of bovine animals, any commercial buyer of the milk from the herd in which the reactor was found is informed [F9 that the herd is subject to a movement restriction under this article as no longer considered to be free from tuberculosis (by reason of the circumstances described in paragraph (1))].

(3) Any restriction or requirement imposed by paragraph (2)(a) or (b) remains in force until a veterinary inspector serves a notice amending or withdrawing that restriction or requirement.

(4) Any restriction or requirement imposed by paragraph 2(c) or (d) remains in force until a veterinary inspector serves a notice withdrawing that restriction or requirement.

(5) In this article—

“inconclusive reactor” means a bovine animal whose test results from a first diagnostic test for tuberculosis are not negative, but whose results are not deemed to be positive; and

F10 ... ]

Textual Amendments

F8 Arts. 11, 11A substituted for art. 11 (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(7)

F9 Words in art. 11A(2)(d) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in art. 11A(5) omitted (31.12.2020) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Reporting test results S

12.  Any person who has [F11 diagnostically tested a bovine animal for tuberculosis] shall report the result of that test, as soon as reasonably practicable, to the Scottish Ministers.

Textual Amendments

F11 Words in art. 12 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(5)

Obstruction S

13.  No person shall interfere with or obstruct the application of or the reading of a diagnostic test for tuberculosis applied under this Order.