2023 No. 1423 (W. 251)
The Tuberculosis (Wales) (Amendment) Order 2023
Made
Coming into force
The Welsh Ministers make the following Order in exercise of the powers conferred by sections 1, 8(1)(b) and 15(4) of the Animal Health Act 19811.
Title and coming into force1
1
The title of this Order is the Tuberculosis (Wales) (Amendment) Order 2023.
2
This Order comes into force on 1 February 2024.
Amendment of the Tuberculosis (Wales) Order 20102
The Tuberculosis (Wales) Order 20102 is amended in accordance with the Schedule.
Savings and transition3
Any notice or licence issued, or approval or consent granted, under the Tuberculosis (Wales) Order 2010 and which has effect at the coming into force of this Order, remains in force.
SCHEDULEAmendment of the Tuberculosis (Wales) Order 2010
1
In article 2 (interpretation)—
a
in the definition of “deposited map”, for “the map entitled “Wales Regional TB areas” signed on behalf of the Welsh Ministers and dated 23 June 2017” substitute “the map entitled “England and Wales Regional TB areas” signed on behalf of the Welsh Ministers and dated 15 December 20233”
;
b
in the appropriate place insert ““high-risk area in England” (“ardal risg uchel yn Lloegr”) means all the land shaded and identified as “High Risk Area” on the deposited map;”
;
c
in the definition of “licensed finishing unit”, before “inspector” insert “veterinary”
;
d
in the appropriate place insert ““officially tuberculosis-free status” (“statws rhydd rhag twbercwlosis swyddogol”) means the status derived from satisfying the conditions laid down by the Welsh Ministers to enable the trade of cattle without restrictions on movement relating to tuberculosis;”
.
2
In article 8 (notification of disease in bovine animals), after paragraph (1) insert—
1A
A person, other than the keeper, who is making a notification under paragraph (1) must also notify the keeper of their suspicion.
3
In article 13A (post-movement testing)—
a
after paragraph (2) insert—
2A
When a bovine animal is moved into the intermediate TB area from a herd located in—
a
the high TB area,
b
the high-risk area in England, or
c
Northern Ireland,
the keeper who receives the animal must arrange for a post-movement test to be undertaken on it by an approved veterinary surgeon no fewer than 60 days, but no more than 120 days, after the date of arrival at the receiving premises.
b
in paragraph (3), for “Paragraph (2) does” substitute “Paragraphs (2) and (2A) do”
.
4
In article 14 (tuberculosis test records), after paragraph (4) insert—
5
The Welsh Ministers may publish information regarding how long a bovine herd has had officially tuberculosis-free status in any form that the Welsh Ministers see fit for the purpose of helping other persons to protect against the further spread of tuberculosis.
5
In article 14A (exempt finishing units and approved finishing units)—
a
in the heading omit “Exempt finishing units and”;
b
in paragraph (1), omit sub-paragraph (a);
c
in paragraph (2), in sub-paragraph (b) omit “exempt finishing unit or”;
d
in paragraph (3) omit “an exempt finishing unit or”;
e
in paragraph (4) omit “an exempt finishing unit or”;
f
in paragraph (5) omit “an exempt finishing unit or”;
g
in paragraph (6) omit “an exempt finishing unit or”;
h
for paragraph (7) substitute—
7
A finishing unit in England that is approved by the Secretary of State to take bovine animals that have been moved without a pre-movement test is an exempt finishing unit for the purposes of this Order.
6
In article 15 (prohibitions)—
a
after paragraph (2) insert—
2A
No person may take a sample from a bovine animal for the purpose of diagnosis of tuberculosis without the written consent of the Welsh Ministers.
b
after paragraph (5) insert—
6
Where a relevant test has been applied to a bovine animal, a person may not, except under the authority of a licence issued by a veterinary inspector, move that animal from the premises at which the test was administered until a negative result has been read by an inspector or approved veterinary surgeon and the keeper has been informed of that result.
7
In Schedule1, in paragraph 5 (exempt finishing units and approved finishing units)—
a
in the heading omit “Exempt finishing units and”;
b
in sub-paragraph (1)(a) omit “an exempt finishing unit or”.
8
In Schedule 2—
a
in paragraph 5 (movement to exempt finishing units) omit “approved by the Welsh Ministers under article 14A”;
b
omit paragraph 8 (movement within or from the low TB area).
9
In Schedule 3—
a
in paragraph 3 (movement to exempt finishing units) omit “approved by the Welsh Ministers under article 14A”;
b
after paragraph 6 (movement to agricultural shows) insert—
6A
The movement of a bovine animal to an agricultural show in the intermediate TB area, or a return to the intermediate TB area from an agricultural show outside the intermediate TB area, provided that—
a
the move does not involve a stay of more than 24 hours or the housing of that animal at the showground, and
b
the animal either goes directly from the show to slaughter or is returned directly to its premises of origin after the show.
c
for paragraph 7 (movement from the low risk area in England to the low TB area) substitute—
Movement from the low-risk area in England to the low TB area7
The movement of a bovine animal from the low-risk area in England to the low TB area. The “low-risk area” means the area defined in article 2(1) of, and Schedule 1 to, the Tuberculosis in Animals (England) Order 20214.
(This note is not part of the Order)