The Tuberculosis (Wales) Order 2010

Tuberculosis testing E+W

12.—(1) The Welsh Ministers may serve on the keeper of a bovine animal a notice (a “test notice”) requiring the keeper to have any such animal tested for tuberculosis with a relevant test [F1 before] a date specified in the notice.

(2) The keeper of any bovine animal must comply with all reasonable requirements of an inspector [F2 or an approved veterinary surgeon] with a view to facilitating—

(a) the identification and examination of that animal by that inspector [F3 or an approved veterinary surgeon];

(b) the application to it, or the reading, of any relevant test;

(c) the valuation of it in a case where the Welsh Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis; or

(d) the removal of that animal for slaughter,

[F4 (e) the on-farm slaughter and subsequent removal of that animal,]

and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required.

[F5 (3) The requirements on the keeper in paragraph (3A) apply where—

(a) a relevant test has been applied to a bovine animal;

(b) the result of that test has been read by an inspector, or an approved veterinary surgeon, and that result communicated to the keeper; and

(c) the inspector or the approved veterinary surgeon is satisfied that the test reading reveals the bovine animal to be either a reactor, or an inconclusive reactor.

(3A) The requirements are—

(a) that no bovine animal be moved on or off the premises on which the reactor or inconclusive reactor is kept except under the authority of a licence issued by an inspector;

(b) to ensure that every reactor and inconclusive reactor is isolated from other animals;

(c) to permit every reactor to be marked by the person who read the relevant test or by an officer of the Welsh Ministers;

(d) not to place any milk from a reactor dairy cow in a bulk milk tank; and

(e) where the reactor resides on premises with a milking herd, to inform every commercial buyer which buys milk from that herd [F6 that it is a restricted herd].

(3B) An inspector may by notice amend or disapply the requirement referred to in paragraph (3A)(a) or (b) at any time.]

(4) Without prejudice to article 16, where the keeper has failed to have an animal tested as required by a test notice, the Welsh Ministers may, in relation to the premises where the animal is kept, by notice served on the keeper, prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off the premises , or any part of those premises, as are specified in the notice, subject to movement that is allowed under the authority of a licence issued by an inspector.

(5) Without prejudice to any proceedings for an offence under section 73 of the Act by virtue of this Order, [F7 or any administrative penalty imposed on EU direct payment entitlements under Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy,] where the keeper has failed to have an animal tested as required by a test notice, [F8 or failed to comply with a reasonable requirement of an inspector or an approved veterinary surgeon in paragraph (2),] the Welsh Ministers may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing, valuation and removal of that animal and the Welsh Ministers may recover the amount of any expenses that are reasonably incurred by them from the keeper.

[F9 (6) The Welsh Ministers may consider a bovine animal to be a suspected animal where the keeper has failed to have the animal tested as required by a notice served under paragraph (1).

(7) The Welsh Ministers may consider a bovine animal (other than bison or buffalo) to be a suspected animal where for reasons of practicability the person allocated to carry out the test does not consider it safe to test the animal due to—

(a) the animal’s wild or aggressive propensity, or

(b) the lack of adequate testing facilities.]

[F10 (8) The inspector or approved veterinary surgeon reading the result of a relevant test which reveals a reactor or inconclusive reactor must report such test result as soon as reasonably practicable to the Welsh Ministers.

(9) In this article—

“inconclusive reactor” (“adweithydd amhendant”) means a bovine animal that reveals a non-negative reading when tested for tuberculosis, but is not regarded as a reactor; and

F11 ...]

Textual Amendments

F1 Word in art. 12(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(a)

F2 Words in art. 12(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(a)

F3 Words in art. 12(2)(a) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(b)

F4 Art. 12(2)(e) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 4 (with art. 3)

F5 Art. 12(3)-(3B) substituted for art. 12(3) (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(c)

F6 Words in art. 12(3A)(e) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/372), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 12(5) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(a)(i) (with art. 3)

F8 Words in art. 12(5) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(a)(ii) (with art. 3)

F9 Art. 12(6)(7) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(b) (with art. 3)

F10 Art. 12(8)(9) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(d)

F11 Words in art. 12(9) omitted (2.11.2015) by virtue of The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(3)

Commencement Information

I1 Art. 12 in force at 25.5.2010, see art. 1