The Tuberculosis in Animals (England) Order 2021

Tuberculosis testing E+W

8.—(1) The Secretary of State may, by notice served on the keeper of any animal, require the keeper to have that animal tested for tuberculosis with a relevant test by a specified date.

(2) Where there has been a failure to test an animal in accordance with a notice served under paragraph (1), the Secretary of State may, by notice served on the keeper of that animal, prohibit the movement of animals, or of such animals as are specified in the notice, onto or off the premises or any part of them, except under the authority of a licence issued by a veterinary inspector.

(3) The keeper of an animal must comply with all reasonable requirements of an inspector or an approved veterinary surgeon with a view to facilitating—

(a) the examination of that animal by that inspector or approved veterinary surgeon;

(b) the application to that animal of any relevant test or the reading of any skin test; or

(c) the valuation of that animal (if appropriate);

and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required by the inspector or approved veterinary surgeon.

(4) The keeper of an animal must comply with all reasonable requirements of a person certified by the Secretary of State under article 5(3)(a) of the Veterinary Surgery (Exemptions) Order 2015(1) who operates under the direction of an inspector or approved veterinary surgeon.

(5) Without prejudice to any proceedings for an offence under this Order, F1 ... where there has been a failure to test an animal in accordance with a notice issued under paragraph (1)—

(a) the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal (including the removal of the animal from the premises on which it is being kept), and

(b) the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.

(6) The keeper of a bovine animal is subject to the requirements specified in paragraph (7) where—

(a) a relevant test has been administered to the animal;

(b) the result of that test has been read by an inspector or an approved veterinary surgeon and communicated to the keeper; and

(c) the inspector or the approved veterinary surgeon is satisfied that the test reading reveals the animal to be a reactor, or an inconclusive reactor.

(7) The requirements are—

(a) that no bovine animal be moved on or off the premises on which the reactor, or inconclusive reactor, is being kept except under the authority of a licence issued by an inspector;

(b) to ensure that every reactor, or inconclusive reactor, is isolated from other animals;

(c) to permit every reactor to be marked by the person who read the relevant test or by an officer of the Secretary of State;

(d) not to place any milk from a reactor in any bulk milk tank; and

(e) where the reactor resides on premises with a milking herd, to inform every buyer who buys milk from that herd of the loss of officially tuberculosis-free status.

(8) An inspector may at any time by notice amend or disapply the requirement referred to in paragraph (7)(a) or (b).

(9) The Secretary of State may treat a bovine animal as a suspected animal where the keeper has failed to have that animal tested as required by a notice served under paragraph (1).

(10) The Secretary of State may treat a bovine animal (other than a bison or buffalo) as a suspected animal where for reasons of practicability the person allocated to carry out the test does not consider it safe to test the animal due to—

(a) the animal’s wild or aggressive propensity; or

(b) the lack of adequate testing facilities.

(11) The inspector or approved veterinary surgeon reading the result of a relevant test which reveals a reactor, or inconclusive reactor, must report such test result to the Secretary of State as soon as reasonably practicable.

Textual Amendments

F1 Words in art. 8(5) omitted (15.7.2025) by virtue of The Tuberculosis in Animals (England) (Amendment) Order 2025 (S.I. 2025/748), arts. 1(1), 3(4)

Commencement Information

I1 Art. 8 in force at 1.10.2021, see art. 1(1)

(1)

S.I. 2015/772. The Secretary of State is the “relevant Minister” as defined in article 5(8).