The Veterinary Surgery (Blood Sampling) (Amendment) Order 1988

Statutory Instruments

1988 No. 1090

VETERINARY SURGEONS

The Veterinary Surgery (Blood Sampling) (Amendment) Order 1988

Made

20th June 1988

Laid before Parliament

30th June 1988

Coming into force

21st July 1988

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of the powers conferred by section 19(4)(e) of the Veterinary Surgeons Act 1966(1) and now vested in them(2) and of all other powers enabling them in that behalf, after consultation in accordance with the said section 19(4)(e) with the Council of Royal College of Veterinary Surgeons, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Veterinary Surgery (Blood Sampling) (Amendment) Order 1988 and shall come into force on 21st July 1988.

Amendment

2.  The Veterinary Surgery (Blood Sampling) Order 1983(3) shall be amended as follows:—

(a) in article 2 (interpretation) after the definition of “qualified person” there shall be inserted the following definition—

““residues ”means residues of any substances having a pharmacological action or any conversion products thereof or any other substances transmitted to meat and which are likely to be dangerous to human health.”; and

(b) after article 3 there shall be inserted the following article—

“3A.— (1) The taking of blood from farm animals for examination for the presence of residues for the purpose of the control by the appropriate Minister of the level of residues in such animals is hereby specified as a minor treatment, test or operation for the purposes of section 19(4)(e) of the Act if carried out by a person who complies with the conditions set out in article 3(2)(a) or (b) above.

(2) The taking of faeces from the rectum of a farm animal for examination for the presence of residues for the purpose mentioned in paragraph (1) above is hereby specified as a minor treatment, test or operation for the purposes of section 19(4)(e) of the Act if carried out by a person while he is acting under the general direction of a qualified person.

(3) In paragraph (1) above, “the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, Northern Ireland or Wales, the Secretary of State”.

In Witness whereof the Official Seal of the Minster of Agriculture, Fisheries and Food is hereunto affixed on 14th June 1988.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

14th June 1988

Peter Walker

Secretary of State for Wales

15th June 1988

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 20th June 1988.

L.S.

W. H. Jack

Permanent Secretary

Explanatory Note

(This note is not part of the Order)

This Order, which amends the Veterinary Surgery (Blood Sampling) Order 1983, permits the taking of blood from farm animals and the taking of faeces from the rectum of a farm animal by a person who is not qualified as a veterinary surgeon or veterinary practitioner and which would otherwise be prohibited by section 19(1) of the Veterinary Surgeons Act 1966 (article 2).

The blood must be taken for examination for the presence of residues for the purpose of the control by the appropriate Minister of the level of residues in farm animals and must be taken under the general direction of a qualified person if the sampler has been certified as proficient to take blood or under the direct personal supervision of a qualified person if he is undergoing instruction.

The faeces must be taken for examination for a similar purpose by a person who is acting under the general direction of a qualified person.

(1)

1966 c. 36.

(2)

In the case of the Secretary of State for Wales by virtue of S.I. 1978/272 and, in the case of the Department of Agriculture for Northern Ireland, by virtue of section 40 of, and paragraph 7(1) of Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36), and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

(3)

S.I. 1983/6.