Amendments to the Tuberculosis (Wales) Order 20102

1

The Tuberculosis (Wales) Order 20102 is amended as follows.

2

In article 2 (interpretation)—

a

after the definition of “approved disinfectant” insert—

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

b

for the definition of “relevant test” substitute—

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

    1. a

      a skin test; or

    2. b

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

3

After article 2 insert—

Approval of veterinary surgeons2A

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.

4

In article 12 (tuberculosis testing)—

a

in paragraph (2) after the words “requirements of an inspector” insert “or an approved veterinary surgeon”;

b

in sub-paragraph (a) of paragraph (2) after the word “inspector” insert “or an approved veterinary surgeon”;

c

for paragraph (3) substitute—

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.

d

after paragraph (7) insert—

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

  • “loss of tuberculosis-free status” (“colli ei statws rhydd rhag twbercwlosis”) means the herd no longer 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.

5

In article 13 (pre-movement testing)—

a

in paragraph (1)(b) after “inspector” insert “or an approved veterinary surgeon”; and

b

after paragraph (1) insert—

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.

6

In paragraph (1) of article 14 (tuberculosis test records) after “inspector” insert “or an approved veterinary surgeon”.

7

In article 21 (marking of bovine animals)—

a

for paragraph (1) substitute—

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.

b

in paragraph (2) after “inspector” insert “or, the approved veterinary surgeon”.