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PART 2Deer

Notification of suspected tuberculosis in a deer

3.—(1) A keeper of a deer, or a veterinary surgeon who examines a deer, who suspects that it may be an affected animal, must give immediate notice of such suspicion to the Secretary of State.

(2) Following such notification the deer must be detained on the premises on which it was located at the time when the notification was made, and isolated as far as practicable from deer and other livestock prior to a veterinary inquiry taking place under article 5.

Notification of suspected tuberculosis in a deer carcase

4.—(1) A person in possession or charge of a deer carcase, or a veterinary surgeon who examines any such carcase, who suspects that the carcase may be affected with tuberculosis must give immediate notice of such suspicion to the Secretary of State.

(2) Following such notification the carcase must be detained on the premises on which it was located at the time when notification was given, and isolated as far as practicable from other deer and livestock prior to a veterinary inquiry taking place under article 5 or a diagnostic sample being taken from the carcase under the direction of a veterinary inspector.

(3) If the carcase is in a slaughterhouse the operator of the slaughterhouse must keep it isolated from other carcases of slaughtered animals.

Veterinary inquiry as to the existence of tuberculosis in deer

5.—(1) A veterinary inspector must with all practicable speed carry out a veterinary inquiry—

(a)following a notification under article 3 or 4, or

(b)as a result of having reasonable grounds for believing that there is on premises—

(i)an affected animal; or

(ii)a deer or a deer carcase which may be affected with tuberculosis.

(2) For the purposes of such an inquiry a veterinary inspector may—

(a)examine any deer or carcase;

(b)carry out such tests and take such samples from any deer or carcase as considered necessary for the purpose of diagnosis; and

(c)paint, stamp, clip, tag or otherwise mark any deer or carcase.

(3) If so required by a veterinary inspector the keeper must mark the deer or carcase in the manner required by the veterinary inspector.

(4) The occupier of the premises and any keeper of the deer (if a different person) must—

(a)provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the inquiry; and

(b)if so required by an appropriate officer, provide information as to—

(i)any deer or carcase which is or has been on the premises,

(ii)any other deer or carcase with which any deer or carcase which is or has been on the premises may have come into contact, and

(iii)the location and movement of any deer or carcase.

(5) An inspector must serve a notice on the keeper of any examined deer or carcase requiring the keeper to detain it on the premises and to isolate it, as far as practicable, from other deer or livestock and ensure that no deer or deer carcase is moved on to or off the premises except under a licence granted by an inspector.

(6) A notice remains in force until it is withdrawn by further notice served by an appropriate officer after it has been determined that tuberculosis is not present in the deer or carcase.

Testing of deer

6.  An appropriate officer may by notice require a keeper of deer to—

(a)arrange for specified deer to be tested for tuberculosis with a relevant test at the keeper’s own expense by a specified date; and

(b)report any positive tuberculosis result of such test to the Secretary of State as soon as the result is known.

Slaughter of deer to prevent spread of tuberculosis

7.—(1) Where the Secretary of State exercises powers conferred by section 32(1) of the Act to slaughter a deer affected by tuberculosis, the Secretary of State may—

(a)by notice require the keeper to detain the affected animal prior to removal and slaughter;

(b)arrange for the disposal of any deer carcase.

(2) Following service of such notice the keeper must not move the deer, or cause or permit it to be moved, off the part of the premises on which it is required by the notice to be detained, except under the authority of a licence issued by an appropriate officer.

Prohibition on vaccination and therapeutic treatment of deer

8.—(1) A person must not vaccinate a deer against tuberculosis.

(2) A person must not provide therapeutic treatment to a deer for tuberculosis without the written consent of the Secretary of State other than for ensuring the basic welfare requirements of the animal.

Precautions against spread of tuberculosis infection in deer

9.—(1) Where the Secretary of State believes that there is on premises a deer that is an affected animal, an appropriate officer may by notice require the keeper to—

(a)take reasonable steps to prevent the affected animal from coming into contact with any other farmed animal kept on the same premises or on adjoining premises;

(b)prevent the movement of deer on to or off such premises except under a licence issued by an inspector.

(2) A notice under paragraph (1) may require the keeper—

(a)to arrange for the isolation of any deer on any part or parts of the premises;

(b)to ensure that any part of the premises must not be used by deer or cattle;

(c)to cleanse and disinfect with an approved disinfectant such part of the premises as may be specified in the notice at the keeper’s own expense, and within such time and in such manner as may be specified;

(d)to treat and store solid or liquid animal waste from any place which has been used by the affected animal in accordance with the requirements of the notice;

(e)not to spread solid or liquid animal waste from any place which has been used by an affected animal otherwise than in accordance with the requirements of the notice;

(f)to cleanse and wash all utensils and other articles that may have contact with the affected animal to which the notice relates within such time and in such manner as may be specified in the notice.

(3) Where the Secretary of State reasonably believes that a deer is affected by tuberculosis, or has been exposed to the infection of tuberculosis, and that deer is on, or has been on, any premises which are used for the purpose of a market, sale, lairage, fair or show, an appropriate officer may by notice require the occupier of such premises—

(a)not to allow deer on to any part of the premises for such period as may be so specified;

(b)at the occupier’s own expense, and within such time and in such manner as may be specified in the notice—

(i)to cleanse and disinfect with an approved disinfectant such part of the premises as may be so specified;

(ii)to dispose of any manure, slurry or other farmed animal waste, straw, litter or other matter which, to the occupier’s knowledge, has or might have come into contact with the deer.

(4) A veterinary inspector may by notice require the removal of an affected animal from a market, sale, lairage, fair or show—

(a)back to the premises from which it has come, or

(b)to another premises approved by an appropriate officer for the purpose,

and on arrival at such premises the affected animal must immediately be placed by the keeper in isolation until such time as the veterinary inspector is satisfied that it is not affected with tuberculosis.

Identification and movement of deer

10.—(1) A person must not move a deer on to or off any premises unless—

(a)the deer is identified by an ear tag in a manner approved by the Secretary of State,

(b)the move is made under the authority of a licence granted under the Disease Control (England) Order 2003(1), and

(c)the move is recorded in accordance with the Movement of Animals (Records) Order 1960(2).

(2) A person must not move the carcase of any deer on to or off any premises other than in a manner approved by the Secretary of State.

(3) A person must not expose a deer for sale or cause or permit it to be exposed for sale in any market or sale-yard unless—

(a)the deer has been marked or identified in accordance with the provisions of paragraph (1)(a); and

(b)such mark or identification is so maintained as to be clearly legible.

(1)

S.I. 2003/1729, amended by S.I. 2012/2897; there are other amending instruments but none is relevant.

(2)

S.I. 1960/105, amended by S.I. 1989/879 and 1995/12; there are other amending instruments but none is relevant.