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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Tuberculosis (Wales) Order 2006 No. 1053 (W.109) URL: http://www.bailii.org/wales/legis/num_reg/2006/20061053e.html |
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| Made | 4 April 2006 | ||
| Coming into force | 2 May 2006 |
Extension of definition of "disease" and power to slaughter on account of tuberculosis
4.
For the purposes of the Act, the definition of "disease" in section 88(1) of the Act is extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) applies to that disease.
Notification of disease in bovine animals
5.
—(1) Any person who suspects that a bovine animal in his or her possession or under his or her charge on any premises is or may be an affected animal, must forthwith—
(2) A veterinary surgeon who suspects that an animal examined by him or her in the course of his or her practice is or may be an affected animal, must forthwith notify the Divisional Veterinary Manager.
Notification of disease in carcases
6.
—(1) Any person who—
must, immediately he or she suspects the carcase may be affected with tuberculosis, notify the Divisional Veterinary Manager.
(2) A person who has in his or her possession or under his or her charge a carcase to which paragraph (1) applies must detain it on the premises where it then is until it has been examined by a veterinary inspector.
(3) For the purpose of paragraphs (1) and (2) above, "carcase" means the carcase of any bovine animal or other farmed or pet mammal.
Veterinary enquiry as to the existence of disease
7.
—(1) Where a veterinary inspector has reason to believe an affected animal or a suspected animal (other than a reactor) or a carcase of a bovine animal which is affected with or suspected of being affected with tuberculosis is present on any premises, he or she 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) For the purpose of carrying out his or her duties under this article a veterinary inspector may 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) A veterinary inspector must serve a notice on the keeper of any bovine animal examined by him or her which in his or her opinion is an affected or suspected animal, requiring the keeper to—
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—
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—
(6) A person must not interfere with the administration or the reading of a relevant test.
Pre-Movement Testing
9.
—(1) Subject to paragraph (2) and to articles 11 and 23, and without prejudice to the requirements of the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985[4], a person must not move a bovine animal from any premises unless a skin test has been applied to it no more than 60 days before the date of movement.
(2) Paragraph (1) does not apply to the following animals—
(e) bovine animals at an approved semen collection centre.
(3) For the purposes of paragraph (1) the date of a test is the date of injection of tuberculin.
(4) For the purposes of paragraph (2) (d) (i) of this article, "open farm" ("fferm agored") means a farm which is open for visits by the public or by sections of the public.
Tuberculosis test records
10.
—(1) Where a skin test has been applied to a bovine animal, the National Assembly must, as soon as practicable after the results of the test have been read by an inspector, give the keeper of that animal a record in writing of the results of the test.
(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 of any animal to which paragraph (1) applies must—
Permitted Movements
11.
Notwithstanding article 9, the following movements are permitted—
Prohibitions
12.
—(1) A person must not vaccinate a bovine animal against tuberculosis without the consent in writing of the National Assembly.
(2) A person must not treat a bovine animal for tuberculosis without the consent in writing of the National Assembly.
(3) A person must not test a bovine animal for tuberculosis except with the consent in writing of the National Assembly and a person to whom any such consent is given must, as soon as he or she knows the result of the test, report it immediately to the National Assembly.
Prohibition on movement of animals
13.
Without prejudice to articles 7(3)(c) and 8(2), 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, 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.
Notification of intended slaughter of animals
14.
—(1) Where the National Assembly intends 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 pending its surrender and 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), a person must not move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.
Precautions against spread of infection
15.
—(1) Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a reactor, the veterinary inspector may, by notice served on the keeper of any such animal, require the keeper—
(2) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the National Assembly 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 the National Assembly for the purpose of making good the default is recoverable by the National Assembly from the person in default.
Suspected animals in markets, shows and sales
16.
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 affected or suspected of being affected with, or has been exposed to infection by tuberculosis, he or she may—
(b) by notice served on the person in charge of the premises—
(2) Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) it must immediately be put into isolation and must not be moved again except under the authority of a licence issued by an inspector.
Control of infection from other animals
17.
—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, he or she may by notice served on the occupier of such premises—
(2) For the purposes of paragraph (1) above "animal" ("anifail") means any kind of mammal except man, but not a bovine animal.
Marking of bovine animals
18.
—(1) If he or she is directed to do so by an inspector, the keeper of bovine animals kept on any premises must mark such animals in the manner required by the inspector.
(2) The inspector may mark bovine animals kept on any premises.
(3) A person must not change or interfere with any mark which has been applied under this article.
Isolation of M. bovis in a laboratory
19.
—(1) Where the presence of the organism M. bovisis identified by a laboratory examination of a sample taken from any mammal (other than man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately notify the Veterinary Laboratories Agency.
(2) The duty to notify the Veterinary Laboratories Agency in paragraph (1) above, does not apply 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.
General Provisions as to Notices and Licences
20.
—(1) Any licence issued under this Order must be in writing, may be general or specific, and may be made subject to conditions.
(2) A notice served or licence issued under this Order may be amended, suspended or withdrawn at any time by further notice issued by an inspector.
Production of licences
21.
Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order—
Enforcement
22.
—(1) This Order must be enforced by the local authority.
(2) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order must be discharged by the National Assembly and not by the local authority.
Transitional Provisions
23.
Up to and including 28th February 2007 article 9 does not apply to animals aged below 15 months on the date of the movement.
Savings
24.
Any notice issued, or licence or consent granted under the Tuberculosis (England and Wales) Order 1984 and having effect at the coming into force of this Order must remain in force as if it were a notice issued or licence or consent granted under this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]
D. Elis-Thomas
The Presiding Officer of the National Assembly
4 April 2006
(2) The movement of a bovine animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.
(3) In this paragraph "registered right of common" ("hawl tir comin cofrestredig") means a right to common registered under the Commons Registration Act 1965 or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Act 1854, 1949, 1964 and 1970, the Epping Forest Acts 1878 and 1880 or the City of London (Various Powers) Act 1977 or any like right or permission exercised in the Forest of Dean.
Movement within a sole occupancy group
8.
The movement of a bovine animal between premises in an approved sole occupancy group, being a set of premises authorised by the National Assembly as a sole occupancy group as a result of being linked in terms of their control.
Movement for veterinary treatment
9.
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.
Movement to agricultural shows
10.
The movement of a bovine animal to an agricultural show or series of shows provided that it is returned direct to its premises of origin after the show or shows.