Tuberculosis Control Order (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Order.)

This Order which is made under the Diseases of Animals (Northern Ireland) Order 1981 revokes and re-enacts with amendments the Bovine Tuberculosis Order (Northern Ireland) 1935 (as amended) and the Tuberculosis Control Order (Northern Ireland) 1964 (as amended). The Order requires the keeper of any animal suspected of, or affected with, bovine tuberculosis and any veterinary surgeon attending such an animal to give notice of the fact to the Divisional Veterinary Officer (Article 3) and requires the Department, where it knows or suspects that any animal is diseased, to notify the keeper of that fact (Article 4).

Article 4 implements, as respects Northern Ireland, Article 8 of Council Directive 64/432/EC on health problems affecting intra-Community trade in bovine animals and swine (O.J. No. 121, 29.7.1964, p. 1977/64 as last amended by Council Directive 97/12/EC (O.J. No. L109, 25.4.97, p. 1) and Council Directive 98/46/EC (O.J. No. L198, 15.7.98, p. 22)).

Restrictions are placed on the movement of animals which are known or suspected to be diseased (Article 5). A veterinary inspector may require the keeper of an affected animal to take such steps as are reasonably practicable to prevent the further spread of the disease (Article 6).

Where an affected animal or non-bovine animal, or a carcase, is on any premises the Department may serve a notice on the occupier of such premises requiring that any part of the premises, as specified in the notice, must be cleansed and disinfected (Article 7) and may impose further controls on the storage or use of manure or slurry (Article 8).

The Order makes non-compliance with notices an offence (Article 9) and provides the Department with powers of slaughter, valuation and compensation (Articles 10 and 11). The Department may seize, detain and dispose of an affected or suspected animal where there has been a contravention of this Order or the Tuberculosis (Examination and Testing) Scheme Order (Northern Ireland) 1999 (“the Scheme Order”) and any expense reasonably incurred by the Department concerning such seizure, detention or disposal shall be recoverable as a civil debt from the owner of the animal (Article 12).

The owner of an affected animal which is or has been kept on any premises or a person operating a slaughterhouse, knackery or any other establishment where animals or carcases are found must provide such information as he possesses, as to any animal or carcase which is or has been on those premises, to an inspector on demand (Article 13).

Provision is made for a veterinary inspector to require the separation of animals from non-bovine animals (Article 14). Unless authorised by the Department in writing, the owner of animals must not hold, cause or permit a sale by auction or otherwise of his animals either on the premises where the animals are being kept or any public premises. If considered necessary by the Department, such authorisation may stipulate that all animals must have passed an official test within 30 days before the holding of the sale (Article 15).

Where an animal (including a non-bovine animal) shows any signs or symptoms of tuberculosis an inspector may require the sterilisation of milk from that animal (Article 16). Where the Department knows or suspects that an animal is affected with the disease it may notify any veterinary surgeon treating that animal and any other person keeping animals which are substantially at risk of becoming infected (Article 17).