8.—(1) Subject to paragraphs (7) and (8), this Article applies to a herd where the keeper of the herd is in receipt of an inconclusive test result from an approved laboratory for one or more bovines in the herd.
(2) Subject to paragraph (3), a keeper must not during the relevant period move or cause or permit another person to move a bovine into or out of a herd to which this Article applies.
(3) Paragraph (2) does not apply if the bovine is being moved—
(a)for disposal as an animal by-product;
(b)under licence issued to the keeper by the Department; or
(c)other than in the case of a BVD unknown status bovine, directly to a slaughterhouse.
(4) A licence issued under sub-paragraph (3)(b)—
(a)must be in writing;
(b)may be granted subject to conditions; and
(c)may be modified, suspended or revoked by notice in writing given to the keeper.
(5) In paragraph (2), “the relevant period” is the period—
(a)beginning—
(i)28 days after the day on which the inconclusive test result is recorded on NIFAIS, where the result is recorded within the period of 3 months beginning with the day on which this Order comes into operation,
(ii)7 days after the day on which the inconclusive test result is recorded on NIFAIS, where the result is recorded more than 3 months after this Order comes into operation but within the period of 12 months beginning with the day on which this Order comes into operation, or
(iii)immediately after the inconclusive test result is recorded on NIFAIS, where the result is recorded more than 12 months after the day on which this Order comes into operation, and
(b)subject to the condition in paragraph (6) being satisfied, ending immediately after the Department is notified that the bovine has—
(i)re-tested negative, or
(ii)been removed from the herd.
(6) The condition referred to in paragraph (5)(b) is that every bovine in the herd, with the exception of untested animals less than 31 days old, has BVD Negative Status.
(7) This Article—
(a)does not apply to a herd on which restrictions are placed under Article 6; and
(b)where restrictions under this Article are in place before Article 6 applies—
(i)this Article ceases to apply,
(ii)Article 6 applies, and
(iii)the relevant period for the purposes of Article 6 begins in all cases immediately after the positive test result is reported by an approved laboratory.
(8) Where paragraph (5)(a)(i) or (ii) applies and within the period of 28 days or 7 days (as the case may be) any bovine in the herd with an inconclusive test result has been removed from the herd or re-tested negative, the restrictions referred to in paragraph (2) do not apply.