Explanatory Note
(This note is not part of the Order.)
This Order contains a Scheme for the examination and testing of bovine and, where necessary, non-bovine animals which, in conjunction with the Tuberculosis Control Order (Northern Ireland) 1999 (S.R. 1999 No. 263) is designed to keep bovine animals, so far as practicable, free from bovine tuberculosis, and to control and, so far as practicable, reduce the incidence of that disease.
The Scheme—
(a)enables an authorised officer to enter holdings where any bovine animals are kept or are suspected on reasonable grounds to be kept and examine and carry out a test for bovine tuberculosis on any bovine animals, non-bovine animals or carcases on those premises (paragraph 2);
(b)prescribes the requirements imposed on the occupier of the holding in relation to such an examination and test (paragraph 3);
(c)enables the Department to carry out any requirements imposed on the occupier of a holding in relation to official tests where he fails to comply with those requirements (paragraph 4);
(d)prohibits the movement of animals, and also non-bovine animals on which a test has been administered, off premises before an official test has been completed except with the prior permission of the Department of Agriculture (paragraph 5);
(e)prohibits a person, other than an authorised officer, from carrying out a test on any animal for bovine tuberculosis and regulates the carrying out of such tests on other animals (paragraphs 6(1) and (2));
(f)prohibits the vaccination of any animal or non-bovine animal against that disease (paragraph 6(3));
(g)prohibits the treatment of any animal for that disease except under licence from the Department of Agriculture (paragraph 6(4)); and
(h)prohibits acts whereby the reaction of an animal to a test for bovine tuberculosis is intended to be affected (paragraph 7).
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of this Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981 and shall be liable, on summary conviction, either to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale (currently £5,000) or in the case of an offence committed with respect to more than 5 animals, not exceeding level 3 on the standard scale (currently £1,000) for each animal.