The Tuberculosis (Wales) Order 2010

PART 1 E+W General

Title, commencement and application E+W

1.  The title of this Order is the Tuberculosis (Wales) Order 2010; it applies in relation to Wales and comes into force on 25 May 2010.

Commencement Information

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

Interpretation E+W

2.  In this Order—

• “the Act” (“y Ddeddf”) means the Animal Health Act 1981;

• “affected animal” (“anifail yr effeithiwyd arno”) means a bovine animal which is affected with tuberculosis of the udder or is giving tuberculous milk, or which is affected with tuberculosis emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough, or shows any other clinical signs of tuberculosis;

• “approved disinfectant” (“diheintydd cymeradwy”) means a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007(1);

• [F1 “approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon who is approved in accordance with article 2A;]

• “bovine animal” (“anifail buchol”) means domestic cattle of the genus Bos, buffalo or bison;

• [F2 “collection centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter)”;]

• [F2 “deposited map” (“map a adneuwyd”) means the map entitled “Wales Regional TB areas” signed on behalf of the Welsh Ministers and dated 23 June 2017;]

• [F2 “high TB area” (“ardal TB uchel”) means all the land shaded and identified as “High TB” on the deposited map;]

• [F2 “intermediate TB area” (“ardal TB ganolradd”) means all the land shaded and identified as “Intermediate TB” on the deposited map;]

• “keeper” (“ceidwad”) means any person who owns or is responsible for a bovine animal whether on a permanent or temporary basis, but it does not include a person responsible for a bovine animal solely because the person is transporting it;

• [F2 “licensed finishing unit” (“uned besgi drwyddedig”) means a discrete self-contained holding—

  (a)

  where all the bovine animals are permanently housed on the unit until they can be moved to slaughter; and

  (b)

  which is licensed by an inspector for the fattening and finishing of bovine animals that do not come from restricted herds;]

• [F2 “low TB area” (“ardal TB isel”) means all the land shaded and identified as “Low TB” on the deposited map;]

• [F2 “post-movement test” (“prawf ar ôl symud”) means a skin test carried out in accordance with article 13A;]

• “premises” (“mangre”) includes—

  (a)

  land or buildings; and

  (b)

  any other place including, in particular, a vehicle, a vessel, an aircraft, or a tent or other moveable structure;

• [F3 “pre-movement test” (“prawf cyn symud”) means a skin test carried out in accordance with article 13;]

• “reactor” (“adweithydd”) means a bovine animal that gives rise to a reaction to a relevant test which is consistent with its being affected with tuberculosis;

• [F4 “relevant test” (“prawf perthnasol”) means—

  (a)

  a skin test; or

  (b)

  any other diagnostic test for tuberculosis approved by the Welsh Ministers;]

• [F3 “restricted herd” (“buches dan gyfyngiadau”) means a herd that is under a movement restriction imposed under this Order;]

• [F3 “salvage value” (“gwerth achub”) means the price paid to the Welsh Ministers for the carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis;]

• “skin test” (“prawf croen”) means a single intradermal comparative cervical tuberculin test for tuberculosis [F5 using bovine and avian tuberculin];

• “suspected animal” (“anifail a amheuir”) means a bovine animal which is suspected of being affected with tuberculosis and includes [F6 a reactor]; and

• “tuberculosis” (“twbercwlosis”) means infection with Mycobacterium bovis (M.bovis).

• [F7 “tuberculosis-free status” (“statws rhydd rhag twbercwlosis”) means a bovine herd that satisfies the conditions laid down in Annex A.I, paragraphs 1 and 2 of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine.]

Textual Amendments

F1 Words in art. 2 inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(2)(a)

F2 Words in art. 2 inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 1 (with art. 3)

F3 Words in art. 2 inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 1(a) (with art. 3)

F4 Words in art. 2 substituted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(2)(b)

F5 Words in art. 2 inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 1(b) (with art. 3)

F6 Words in art. 2 substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 1(c) (with art. 3)

F7 Words in art. 2 inserted (2.11.2015) by The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(2)

Commencement Information

I2 Art. 2 in force at 25.5.2010, see art. 1

[F8 Approval of veterinary surgeons E+W

2A.— (1) The Welsh Ministers may approve a veterinary surgeon where—

(a) the veterinary surgeon has undertaken any training as required by the Welsh Ministers, and

(b) the Welsh Ministers are of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.

(2) The Welsh Ministers may by notice revoke any such approval, giving reasons for the revocation.]

Textual Amendments

F8 Art. 2A inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(3)

Revocation E+W

3.  The Tuberculosis (Wales) Order 2006(2) is revoked.

Commencement Information

I3 Art. 3 in force at 25.5.2010, see art. 1

Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 E+W

4.—(1) The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978(3) is amended as follows.

(2) In article 2(1) (interpretation)—

(a) in the definition of “affected animal”—

(i) in sub-paragraph (a)—

(aa) omit “in relation to brucellosis,”; and

(bb) omit “and”; and

(ii) omit sub-paragraph (b); and

(b) in the definition of “reactor”, omit “or tuberculosis”.

(3) In article 3 (compensation for, and ascertainment of value of, bovine animals slaughtered for brucellosis or tuberculosis)—

(a) in the title, omit “or tuberculosis”;

(b) in paragraph (1) , omit “or tuberculosis”; and

(c) omit paragraph (2A).

(4) In article 4(1) (compensation for “control animals”) omit “or tuberculosis”.

Commencement Information

I4 Art. 4 in force at 25.5.2010, see art. 1

Savings and transition E+W

5.—(1) Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 1984(4) or the Tuberculosis (Wales) Order 2006 and which has effect at the coming into force of this Order remains in force as if it were a notice or licence issued, or approval or consent granted, under this Order.

(2) This Order applies in relation to a notice served under the Tuberculosis (England and Wales) Order 1984 or the Tuberculosis (Wales) Order 2006 as it applies to a notice served under this Order.

(3) The Brucellosis and Tuberculosis (England and Wales) Compensation Order relating to tuberculosis is not amended by article 4 and continues to apply to any bovine animal that is slaughtered for tuberculosis–

(a) following a notice served before 25 May 2010 under article 8 of the Tuberculosis (Wales) Order 2006;

(b) as a result of a positive or inconclusive skin test read before 25 May 2010; or

(c) as a result of any other relevant test for tuberculosis, the clinical sample for which was taken before 25 May 2010.

Commencement Information

I5 Art. 5 in force at 25.5.2010, see art. 1

(1)

S.I. 2007/2803 (W.236).

(2)

S.I 2006/1053 (W.109).

(3)

S.I.1978/1483. Paragraph (2A) of article 3 was inserted by S.I. 1998/2073, article 2. The Order is revoked in relation to England, by S.I. 2006/168.

(4)

S.I. 1984/1943.