Tuberculosis Control (Amendment) Order (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Order.)

This Order amends the Tuberculosis Control Order (Northern Ireland) 1999 (“the principal Order”) as follows.

Article 4A is inserted in the principal Order enabling the Department to examine an animal, take samples and apply tests for the purpose of controlling tuberculosis (Article 3).

Article 5(3) of the principal Order (which restricts the movement of animals) is amended so that if a person refuses to permit or delays or impedes the examination, sampling or testing of any animal under the Order or the Tuberculosis (Examination and Testing) Scheme Order (Northern Ireland) 1999, S.R. 1999 No. 264, the Department may, in addition to requiring the detention of an animal on the holding, prohibit the movement of any animal to or from the holding and require an animal to be subjected to an official test (Article 4).

Article 6A is inserted in the principal Order requiring the keeper of a herd to maintain the fences dividing his holding from adjoining land so as to prevent contact between his herd and animals on adjoining land and to prevent his animals from straying from the holding (Article 5).

Article 10 of the principal Order (which regulates the slaughter of animals) is replaced by a new Article which enables the Department to revoke a notice of intention to slaughter an animal. The keeper of an animal liable to be slaughtered by the Department must comply with the requirements specified in paragraph (5) (Article 6).

Article 11 of the principal Order (which regulates valuation and compensation for animals slaughtered under the Order) is substantially revised so that, in particular, time limits are set for the valuation process and a herd keeper is liable for costs, fees or other expenses incurred by an independent valuer. Article 11A is inserted to make provision for the Department or owner of an animal to submit an appeal to a tribunal if dissatisfied with the market value of an animal (Articles 7 and 8).

Article 17 of the principal Order (notification of the presence of tuberculosis) is replaced by a new Article which extends the range of persons who may be informed by the Department of a diseased or suspected animal for the purpose of preventing the spread of disease (Article 9).