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Statutory Instruments

2007 No. 740

Animals, England

animal health

The Tuberculosis (England) Order 2007 (revoked)F1

Made

8th March 2007

Coming into force

6th April 2007

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and re-makes the Tuberculosis (England) Order 2006 (SI 2006/394).

The principal changes are as follows—

The movements set out in the Schedule have been simplified.

Permitted movements have been incorporated into article 9 (pre-movement testing).

Article 11 gives the Secretary of State power to approve a market to receive and sell, along with other bovine animals, those which have been moved without a pre-movement test under article 9(3)(a) (exempt markets). Exempt market operators will have to separate animals in the exempt market from those which are present on other parts of the premises where the exempt market is located. No person may purport to operate an exempt market without an approval or move any animal from an exempt market other than to a permitted destination.

Article 12 gives the Secretary of State power to approve finishing units for receiving, along with other bovine animals, those which are moved without a pre-movement test under article 9(3)(a) (exempt finishing units). It also gives the Secretary of State power to approve finishing units and collecting centres for receiving bovine animals that are moving under licence from herds under movement restriction imposed under article 14(b) (approved finishing units and approved collecting centres). Approved finishing units and approved collecting centres are also permitted destinations for animals which have been moved without a pre-movement test under article 9(3)(a).

Operators must separate animals in or entering the finishing unit or collecting centre from those which are present on other parts of the premises where that finishing unit or collecting centre is located. No person may purport to operate an exempt finishing unit, an approved finishing unit or an approved collecting centre without an approval or move any animal from exempt or approved finishing units or approved collecting centres other than direct to slaughter, unless licensed to do otherwise.

Article 13 (prohibitions) now prohibits interference with or obstruction of the application or the reading of a relevant test.

Article 14 includes a power to require bovine animals to be isolated.

Articles 16 and 17 specify the use of an approved disinfectant, being a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32).

Article 20 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 main address of the Veterinary Laboratories Agency is: TB Diagnostic Laboratory, The Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey, KTl5 3NB. Other addresses are available from the Defra website.

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981 (c. 22) punishable in accordance with section 75.

A Regulatory Impact Assessment for this order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from TB Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London, SW1P 4PQ.