PART 2E+WTesting and Movement
Definition of “disease”E+W
6.—(1) For the purposes of the Act, the definition of “disease” in section 88(1) of the Act (meaning of “disease”) is extended so as to include tuberculosis.
(2) Section 32 of the Act (slaughter in other diseases) applies to tuberculosis.
Commencement Information
I1Art. 6 in force at 25.5.2010, see art. 1
Tests and samples: warrantsE+W
7. For the purposes of section 62E(4)(b) of the Act (tests and samples: warrants)—
(a)the inspector may request permission to enter the premises in advance of the day for which permission is requested; and
(b)the condition mentioned in that provision is satisfied if the occupier does not indicate, by a date specified in the request, that the occupier gives permission in respect of that request.
Commencement Information
I2Art. 7 in force at 25.5.2010, see art. 1
Notification of disease in bovine animalsE+W
8.—(1) Any person who—
(a)has possession or charge of any bovine animal which the person suspects is or may be an affected animal;
(b)in the course of the person’s practice as a veterinary surgeon examines a bovine animal which the person suspects is or may be an affected animal; or
(c)in the course of the person’s duties inspects, for any purpose, a bovine animal which the person suspects is or may be an affected animal,
must notify the Welsh Ministers immediately.
(2) Any person who has possession or charge of any bovine animal which the person suspects is or may be an affected animal must, pending conclusion of the veterinary inquiry under article 10 and the service of any notice under that article, immediately–
(a)detain that animal on the premises where it then is;
(b)isolate it as far as practicable from other bovine animals; and
(c)adopt precautions with respect to milk produced by that animal as if a notice under article 10 had already been served.
Commencement Information
I3Art. 8 in force at 25.5.2010, see art. 1
Notification of disease in carcasesE+W
9.—(1) Any person who—
(a)has possession or charge of any carcase that is affected with or suspected of being affected with tuberculosis;
(b)in the course of the person’s practice as a veterinary surgeon, examines a carcase that is affected with or suspected of being affected with tuberculosis; or
(c)in the course of the person’s duties inspects, for any purpose, a carcase that is affected with or suspected of being affected with tuberculosis,
must notify the Welsh Ministers immediately.
(2) A person who has possession or charge of a carcase mentioned in paragraph (1) must detain it on the premises where it then is until it has been examined by a veterinary inspector.
Commencement Information
I4Art. 9 in force at 25.5.2010, see art. 1
Veterinary inquiry as to the existence of diseaseE+W
10.—(1) Where a veterinary inspector reasonably believes an affected animal or a suspected animal (other than a reactor) or a carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis is present on any premises, the veterinary inspector must, with all practicable speed, take such steps as may be necessary to establish whether it is in fact an affected or suspected animal or carcase.
(2) A veterinary inspector may, for the purposes of this article, examine any bovine animal or carcase of a bovine animal on the premises and take such samples from any such animal or carcase or carry out such tests as may be required for the purpose of diagnosis.
(3) Where a veterinary inspector has examined a bovine animal and is of the opinion that it is an affected animal or suspected animal, the veterinary inspector must serve a notice on the keeper of that bovine animal requiring the keeper to—
(a)detain that animal in accordance with the requirements of the notice and keep it isolated from other bovine animals;
(b)where appropriate, take steps to ensure that the milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilised and that any utensil with which such milk has been in contact before it is so treated is thoroughly cleansed and scalded with steam or boiling water before the utensil is used again; and
(c)ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by an inspector.
Commencement Information
I5Art. 10 in force at 25.5.2010, see art. 1
Veterinary improvement noticeE+W
11.—(1) A veterinary inspector may serve a notice (a “veterinary improvement notice”) (“hysbysiad gwella milfeddygol”) on the keeper of a bovine animal requiring the keeper, by a date specified in the notice, to do things or to refrain from doing things for the purpose of preventing the spread of disease and, in particular, may impose the requirements mentioned in paragraph (2).
(2) The requirements that may be imposed by means of a veterinary improvement notice include—
(a)erecting fences (including gates and stiles);
(b)adopting effective methods of excluding groups of animals from specified parts of the premises;
(c)protecting silage, feed storage and feeding areas from wildlife including birds;
(d)taking reasonable steps to ensure that people who enter the keeper’s land take reasonable precautions against the spread of disease.
Commencement Information
I6Art. 11 in force at 25.5.2010, see art. 1
Tuberculosis testingE+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 [F1before] a date specified in the notice.
(2) The keeper of any bovine animal must comply with all reasonable requirements of an inspector [F2or an approved veterinary surgeon] with a view to facilitating—
(a)the identification and examination of that animal by that inspector [F3or 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,
and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required.
[F4(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 of the loss of tuberculosis-free status of the dairy 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, where the keeper has failed to have an animal tested as required by a test notice, 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.
(6) Where—
(a)the keeper has failed to have an animal tested as required by a test notice; and
(b)for the reasons set out in paragraph (7) the animal has not been tested in accordance with paragraph (5),
the animal must be treated as being affected with tuberculosis for the purposes of section 32 of the Act.
(7) The reasons mentioned in paragraph (6) are those of practicability and include difficulties in gathering the animal safely due to its wildness or the nature of the terrain on which it is kept.
[F5(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
F6...]
Textual Amendments
F1Word in art. 12(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(a)
F2Words 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)
F3Words 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)
F4Art. 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)
F5Art. 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)
F6Words 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
I7Art. 12 in force at 25.5.2010, see art. 1
Pre-Movement TestingE+W
13.—(1) No person may move a bovine animal from any premises unless—
(a)a skin test has been applied to it no more than 60 days before the date of movement; and
(b)the results of the test have been read by an inspector [F7or an approved veterinary surgeon] and are negative.
[F8(1A) Where a reading of the test in paragraph (1)(b) does not reveal a negative result for tuberculosis the requirements in article 12(3A) apply.]
(2) Paragraph (1) does not apply to—
(a)bovine animals that are less than 6 weeks old at the date of the movement;
(b)the movement of a bovine animal to a place for veterinary treatment provided that it is returned direct to its premises of origin after the treatment, or is killed or goes direct to slaughter;
(c)any movements specified in a direction issued by the Welsh Ministers; and
(d)any movement that is approved by the Welsh Ministers.
(3) For the purposes of paragraph (1)(a), the 60 day period begins on the day after tuberculin is injected into the animal.
Textual Amendments
F7Words in art. 13(1)(b) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(5)(a)
F8Art. 13(1A) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(5)(b)
Commencement Information
I8Art. 13 in force at 25.5.2010, see art. 1
Tuberculosis test recordsE+W
14.—(1) Where a skin test has been applied to a bovine animal, the Welsh Ministers must, as soon as practicable after the results of the test have been read by an inspector [F9or an approved veterinary surgeon], give the keeper of that animal a written record of the results.
(2) Paragraph (1) does not apply to animals in respect of which movement is, or remains, prohibited under this Order following the test.
(3) The keeper must—
(a)retain the record of the results of the test for a period of 3 years and 60 days beginning with the day following the date of injection of tuberculin; and
(b)produce such record when requested to do so by an inspector.
[F10(4) Where a bovine herd loses or regains its tuberculosis-free status the Welsh Ministers may publish information regarding that herd in any form that the Welsh Ministers see fit for the purpose of helping other persons to protect against the further spread of tuberculosis.]
Textual Amendments
F9Words in art. 14(1) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(6)
F10Art. 14(4) inserted (2.11.2015) by The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(4)
Commencement Information
I9Art. 14 in force at 25.5.2010, see art. 1
ProhibitionsE+W
15.—(1) No person may vaccinate a bovine animal against tuberculosis without the written consent of the Welsh Ministers.
(2) No person may treat a bovine animal for tuberculosis without the written consent of the Welsh Ministers.
(3) No person may perform a test for tuberculosis on a bovine animal except with the written consent of the Welsh Ministers and a person to whom any such consent is given must report the results immediately to the Welsh Ministers.
(4) No person may interfere with or obstruct the application or the reading of a relevant test.
Commencement Information
I10Art. 15 in force at 25.5.2010, see art. 1
Isolation and prohibition on movement of animalsE+W
16. An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals kept on such premises as are specified in the notice—
(a)require such bovine animals as are specified in the notice to be isolated from other animals to the extent specified in the notice; and
(b)prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off such premises, except under the authority of a licence issued by an inspector.
Commencement Information
I11Art. 16 in force at 25.5.2010, see art. 1
Notification of intended slaughter of animalsE+W
17.—(1) Where the Welsh Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, an inspector must serve a notice on the keeper of the animal informing the keeper of the intended slaughter and requiring the keeper to detain the animal pending such slaughter, or its removal for such slaughter, on such part of the premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.
(2) Where a notice has been served under paragraph (1), no person may move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.
Commencement Information
I12Art. 17 in force at 25.5.2010, see art. 1
Precautions against spread of infectionE+W
18.—(1) Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a suspected animal, the veterinary inspector may, by notice served on the keeper of any such animal, require the keeper–
(a)to treat and store manure or slurry from any place which has been used by any such animal in accordance with the requirements of the notice;
(b)not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;
(c)not to remove manure, slurry or other animal waste from the premises except under the authority of a licence issued by an inspector;
(d)to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;
(e)to arrange for the isolation of any bovine animals which may be specified in the notice on any specified part or parts of the premises;
(f)to ensure that any part or parts of the premises specified in the notice are not used by any bovine animal on the premises, or by such other animal or animals as may be specified;
(g)to cleanse and disinfect with an approved disinfectant such part or parts of the premises, within such time and in such manner, as may be specified in the notice;
(h)to cleanse and disinfect with an approved disinfectant all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice; and
(i)to take such other action as the veterinary inspector considers appropriate.
(2) Where the keeper fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable from the keeper.
Commencement Information
I13Art. 18 in force at 25.5.2010, see art. 1
Suspected animals in markets, shows etcE+W
19.—(1) Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held is an affected animal, a suspected animal or has been exposed to infection by tuberculosis, the veterinary inspector may—
(a)by notice served on the keeper of the animal require that animal to be removed from those premises and taken—
(i)to a slaughterhouse for immediate slaughter; or
(ii)back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
(iii)to such other premises as may be approved by the veterinary inspector for the purpose; and
(b)by notice served on the person in charge of the premises—
(i)require that person to ensure that any part or parts of the premises specified in the notice are not used by any other bovine animal for such period as may be specified in the notice; and
(ii)require that person within such time and in such manner as may be specified in the notice—
(aa)to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice; and
(bb)to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with such animal.
(2) Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) the keeper must immediately put it into isolation and must not move it from the premises again except under the authority of a licence issued by an inspector.
(3) If any person on whom a notice is served under paragraph (1)(b) fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable by them from the person in default.
Commencement Information
I14Art. 19 in force at 25.5.2010, see art. 1
Control of infection from other animalsE+W
20.—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, the veterinary inspector may by notice served on the occupier of such premises—
(a)require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and
(b)prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector.
(2) In paragraph (1), “animal” (“anifail”) means any kind of mammal except a bovine animal or man.
Commencement Information
I15Art. 20 in force at 25.5.2010, see art. 1
Marking of bovine animalsE+W
21.—[F11(1) If directed to so by an inspector or an approved veterinary surgeon, the keeper must mark any bovine animal in the manner required by the inspector or the approved veterinary surgeon.]
(2) The inspector [F12or, the approved veterinary surgeon] may mark bovine animals.
(3) No person may change or interfere with any mark that has been applied under this article.
Textual Amendments
F11Art. 21(1) substituted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(7)(a)
F12Words in art. 21(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(7)(b)
Commencement Information
I16Art. 21 in force at 25.5.2010, see art. 1
Isolation of M. bovis in a laboratoryE+W
22.—(1) Where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any mammal (except man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately notify the [F13Welsh Ministers].
(2) But there is no such duty to notify where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
Textual Amendments
F13Words in art. 22(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(b)
Commencement Information
I17Art. 22 in force at 25.5.2010, see art. 1
General provisions as to notices, licences and approvalsE+W
23.—(1) Any notice, licence or approval issued or granted under this Order must be in writing.
(2) Any licence issued under this Order may be general or specific and may be made subject to conditions.
(3) Any approval granted under this Order may be made subject to conditions.
(4) A notice, licence or approval issued or granted under this Order may be amended, suspended or revoked in writing at any time.
(5) Any person to whom any requirement or condition in a notice, licence or approval issued or granted under this Order applies must comply with the requirement or condition.
Commencement Information
I18Art. 23 in force at 25.5.2010, see art. 1
Production of licencesE+W
24. Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order, the person in charge of the animal being moved must, on demand made under this Order by an inspector, give the person’s name and address and must produce the licence and allow a copy of it to be taken.
Commencement Information
I19Art. 24 in force at 25.5.2010, see art. 1
EnforcementE+W
25.—(1) This Order must be enforced by the local authority.
(2) The Welsh Ministers may direct, in relation to any particular case or class of case, that they will enforce this Order instead of the local authority.
Commencement Information
I20Art. 25 in force at 25.5.2010, see art. 1