The Tuberculosis (Wales) Order 2011

Tuberculosis testing

9.—(1) The Welsh Ministers may serve on the keeper of a non-bovine animal a notice (“test notice”) (“hysbysiad prawf”) requiring the keeper to have any such non-bovine animal tested for tuberculosis with a relevant test before a date specified in the notice.

(2) The keeper of any non-bovine animal must comply with all reasonable requirements of an inspector with a view to facilitating—

(a) the identification and examination of that non-bovine animal by that inspector;

(b) the application to it, or the reading, of any relevant test; or

(c) the removal of that non-bovine animal for slaughter,

and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such non-bovine animal if so required.

(3) Where a relevant test has been applied to a non-bovine animal, no person may move that non-bovine animal from the premises or the part of 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 test have been read by an inspector and are negative.

(4) Without prejudice to article 12, where the keeper has failed to have a non-bovine animal tested as required by a test notice, the Welsh Ministers may, in relation to the premises where the non-bovine animal is kept, by notice served on the keeper, prohibit the movement of non-bovine animals, or of such non-bovine animals as are specified in the notice, on to or off the premises , or any part of those premises, as are specified in the notice, subject to movement that is allowed under the authority of a licence issued by an inspector.

(5) Without prejudice to any proceedings for an offence under section 73 of the Act by virtue of this Order, where the keeper has failed to have a non-bovine animal tested as required by a test notice, the Welsh Ministers may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and removal of that non-bovine animal and the Welsh Ministers may recover the amount of any expenses that are reasonably incurred by them from the keeper.

(6) Where—

(a) the keeper has failed to have a non-bovine animal tested as required by a test notice; and

(b) for the reasons set out in paragraph (7) the non-bovine animal has not been tested in accordance with paragraph (5),

the non-bovine animal must be treated as being affected with tuberculosis for the purposes of section 32 of the Act.

(7) The reasons mentioned in paragraph (6) are those of practicability and include difficulties in gathering the non-bovine animal safely due to its wildness or the nature of the terrain on which it is kept.