The Tuberculosis Eradication (Wales) Order 2009

Explanatory Note

(This note is not part of the Order)

The Welsh Ministers are satisfied that tuberculosis exists in the wild badger population in Wales; that the disease has been or is being transmitted from badgers to cattle in Wales and that the destruction of wild badgers in Wales is necessary in order to eliminate or substantially reduce the incidence of tuberculosis in animals of any kind in Wales.

The Order provides that the destruction of badgers must be accomplished by trapping and either shooting or giving a lethal injection, or by shooting without trapping. The carcase of a badger so destroyed is the property of the Welsh Ministers and may not be removed without their authority.

The Order provides that the authorised officer may treat badgers with vaccine for the purpose of preventing the spread of tuberculosis.

The Order provides that the authorised officer may enter premises, except a dwelling house, and do other things as are necessary or required in connection with vaccinating or destroying badgers.

The Order provides that it is an offence against the Act for a person —

(a) to take into captivity, harbour, conceal or otherwise protect wild members of the badger species with intent to prevent their destruction or their being treated with vaccine; or

(b) in any other way to obstruct or interfere with anything which has been, is being or is to be done or used in connection with that destruction or their being treated with vaccine; or

(c) to aid, abet, counsel or procure another person to commit such an act.