The Tuberculosis (Wales) Order 2006

Tuberculosis testing

8.—(1) The National Assembly may by notice served on the keeper of a bovine animal, require any such animal to be tested for tuberculosis by a specified date.

(2) Without prejudice to article 13, where there has been a failure to test an animal in accordance with a notice served under paragraph (1) the National Assembly may, by notice served on the keeper of that animal, 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 them, except under the authority of a licence issued by an inspector.

(3) The keeper of any bovine animal must comply with all reasonable requirements of an inspector with a view to—

(a) facilitating the examination of that animal by that inspector;

(b) the application to it of any relevant test for tuberculosis; or

(c) the valuation of the animal in a case where the National Assembly intends to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis,

and in particular must arrange at his or her own expense for the collection, penning and securing of any such animal if so required.

(4) Without prejudice to any proceedings for an offence under section 73 of the Animal Health Act 1981 by virtue of this Order, where there has been a failure to test an animal in accordance with a notice issued under paragraph (1), the National Assembly may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal, (including the removal of that animal from the premises on which it is kept) and the amount of any expenses reasonably incurred by the National Assembly for the purpose of making good the default is recoverable by the National Assembly from the person in default.

(5) Where a relevant test has been applied to a bovine animal, a person must not move that animal from the premises on which it is kept unless—

(a) the movement is under the authority of a licence issued by a veterinary inspector; or

(b) the results of the test have been read by an inspector with a negative result.

(6) A person must not interfere with the administration or the reading of a relevant test.