The Tuberculosis (Wales) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order, which applies in relation to Wales, revokes and re-enacts the Tuberculosis (England and Wales) Order 1984 with alterations. It also introduces an obligation to test certain animals before movement.

The principal changes are as follows:

A reactor is included within the definition of suspected animal rather than affected animal.

The definition of premises which excluded places of temporary detention such as markets has been deleted. The definition of premises which applies to this Order is in the Animal Health Act 1981. The definitions of carcase and inspector and veterinary inspector are also in the Animal Health Act 1981.

The definition of bovine animal has been changed to include buffalo and bison.

Exclusions in the previous Order in relation to imported animals have been deleted.

Notice of an affected or suspected animal under article 5 must be given to the Divisional Veterinary Manager, and should no longer be given to the local authority or the police.

The duty to notify in relation to carcases in article 6 applies to all farmed animals, including bovine animals and also to pets.

The forms A and B in the schedule to the previous Order have been deleted. Notices under this Order must comply with the general provisions in section 83 of the Animal Health Act 1981 and with the provisions of article 20. Article 20 also provides that licences under the Order may be general or specific.

Article 8 clarifies the power of the National Assembly to require tuberculosis testing by a certain date. This applies to routine testing of herds according to the testing frequency of the parish in which they are located, and also to additional testing which may be required for different purposes, for example where animals have been moved without pre-movement testing.

Article 8 also clarifies the power of the National Assembly to impose movement restrictions where there has been a failure to test by a date specified.

Where a skin test has been administered but not yet read, or where a blood test has been taken but the result is not yet known, article 8(5) prohibits the movement of an animal until a negative test result has been obtained.

It is an offence to interfere with any tuberculosis test (article 8(6)).

Article 9 introduces a requirement to skin test bovine animals before they move from one premises to another. All bovine animals must be skin tested for tuberculosis with a negative result not more than 60 days before movement. This requirement does not apply to animals falling within one of the categories listed in article 9(2).

The Schedule to the Order sets out movements which are exempt from the requirement for pre-movement testing. In addition, a veterinary inspector retains discretion to authorise certain movements without pre-movement testing (article 11(b)).

Article 10 imposes a duty to retain records of certain tuberculosis tests.

Provisions relating to manure and slurry have been inserted into article 15 (precautions against spread of infection).

Article 19 imposes a duty to notify the Veterinary Laboratories Agency of the presence of M.bovis where this has been isolated in any laboratory sample, except where it has been deliberately introduced in the course of research. The address of the Veterinary Laboratories Agency is: TB Diagnostic Laboratory, The Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey, KTl5 3NB.

Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act.

A Regulatory Appraisal has been prepared for these Regulations. Copies can be obtained from the Department for Environment, Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.