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The Tuberculosis (Scotland) Order 2005

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Tuberculin tests and valuation

8.—(1) The owner or person in charge of any bovine animal shall comply with all reasonable requirements of an officer with a view to–

(a)facilitating the examination of that animal by a veterinary inspector;

(b)the application to it of any diagnostic test for tuberculosis; or

(c)the valuation of the animal in a case where the Scottish Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis,

and in particular shall arrange, if so required, for the collection, penning and securing of any such animal and the movement of the animal to and from any premises specified by the officer for the purposes of facilitating such examination, testing or valuation.

(2) The owner or person in charge of any bovine animal on a holding in a high incidence area in Scotland shall not allow that animal to be moved from the holding unless a diagnostic test for tuberculosis has been applied to it no more than 60 days before the date of its movement from the holding.

(3) The occupier of a holding in Scotland shall not allow to enter that holding any bovine animal from a holding in a high incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the holding.

(4) Any bovine animal on a holding in Scotland which has been moved from a holding in a high incidence area shall have a diagnostic test for tuberculosis applied to it no fewer than 60 days and no more than 120 days after the date on which it first arrives at a holding in Scotland.

(5) Subject to paragraph (7), the owner or person in charge of any bovine animal to which a test must be applied in accordance with paragraphs (2) or (4) shall arrange for a veterinary inspector to apply the test and shall meet the expense of it.

(6) Where a bovine animal on a holding in Scotland which has been moved from a holding in a high incidence area has not had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the holding in the high incidence area, the owner or person in charge of the animal shall–

(a)ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the high incidence area;

(b)where the result of the test carried out under paragraph (a) is read by and to the satisfaction of a veterinary inspector, ensure that a second test is applied to the animal no fewer than 60 days and no more than 120 days from the date of application of the first test; and

(c)subject to paragraph (7), the owner or person in charge of an animal to which a test must be applied in accordance with paragraph (a) or (b) shall arrange for a veterinary inspector to apply the test and shall meet the expense of it.

(7) Paragraphs (5) and (6)(c) shall not apply where any bovine animal has had applied to it within the relevant periods a diagnostic test for tuberculosis otherwise than in order to meet the requirements of paragraphs (2) or (4).

(8) Paragraphs (2), (3), (6) and (7) shall not apply to any bovine animal which is under 42 days of age at the time that it is moved from a holding in a high incidence area.

(9) No person shall test a bovine animal with tuberculin, except with the consent of the Scottish Ministers, and a person to whom any such consent is given shall, as soon as the result of the test is known, report it, as soon as practicable, to the Scottish Ministers.

(10) Where a diagnostic test for tuberculosis has been applied to a bovine animal by a veterinary inspector, no person shall move that animal from the premises on which it is kept unless–

(a)the movement is under the authority of a licence issued by a veterinary inspector; or

(b)the results of the diagnostic test for tuberculosis have been read by, and to the satisfaction of, a veterinary inspector.

(11) If any person fails to comply with any reasonable requirement of an officer made in accordance with the provisions of paragraph (1), the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default–

(a)take or cause to be taken all such steps as may be necessary to facilitate the examination and valuation of the animal or the application to it of any diagnostic test for tuberculosis, including, subject to paragraph (12), the movement of the animal to other premises; and

(b)without prejudice to article 12, prohibit the movement of bovine animals to, on or off the premises, except under the authority of a licence issued by the officer and in accordance with any conditions subject to which the licence is issued.

(12) Where a bovine animal has been moved to other premises in accordance with paragraph (11)(a), the Scottish Ministers shall ensure the return of the animal to the premises from which it was moved within a reasonable time after the examination, valuation or test has been carried out.

(13) Any expenses reasonably incurred by the Scottish Ministers for the purposes of making good any default shall be recoverable by them as a civil debt from the person in default.

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