The Tuberculosis (Wales) Order 2010

PART 2 E+W Testing and Movement

Definition of “disease” E+W

6.—(1) For the purposes of the Act, the definition of “disease” in section 88(1) of the Act (meaning of “disease”) is extended so as to include tuberculosis.

(2) Section 32 of the Act (slaughter in other diseases) applies to tuberculosis.

Commencement Information

I1 Art. 6 in force at 25.5.2010, see art. 1

Tests and samples: warrants E+W

7.  For the purposes of section 62E(4)(b) of the Act (tests and samples: warrants)—

(a) the inspector may request permission to enter the premises in advance of the day for which permission is requested; and

(b) the condition mentioned in that provision is satisfied if the occupier does not indicate, by a date specified in the request, that the occupier gives permission in respect of that request.

Commencement Information

I2 Art. 7 in force at 25.5.2010, see art. 1

Notification of disease in bovine animals E+W

8.—(1) Any person who—

(a) has possession or charge of any bovine animal which the person suspects is or may be an affected animal;

(b) in the course of the person’s practice as a veterinary surgeon examines a bovine animal which the person suspects is or may be an affected animal; or

(c) in the course of the person’s duties inspects, for any purpose, a bovine animal which the person suspects is or may be an affected animal,

must notify the Welsh Ministers immediately.

(2) Any person who has possession or charge of any bovine animal which the person suspects is or may be an affected animal must, pending conclusion of the veterinary inquiry under article 10 and the service of any notice under that article, immediately–

(a) detain that animal on the premises where it then is;

(b) isolate it as far as practicable from other bovine animals; and

(c) adopt precautions with respect to milk produced by that animal as if a notice under article 10 had already been served.

Commencement Information

I3 Art. 8 in force at 25.5.2010, see art. 1

Notification of disease in carcases E+W

9.—(1) Any person who—

(a) has possession or charge of any carcase that is affected with or suspected of being affected with tuberculosis;

(b) in the course of the person’s practice as a veterinary surgeon, examines a carcase that is affected with or suspected of being affected with tuberculosis; or

(c) in the course of the person’s duties inspects, for any purpose, a carcase that is affected with or suspected of being affected with tuberculosis,

must notify the Welsh Ministers immediately.

(2) A person who has possession or charge of a carcase mentioned in paragraph (1) must detain it on the premises where it then is [F1 and must isolate it as far as practicable from bovine animals or other farmed or pet mammals] until it has been examined by a veterinary inspector.

Textual Amendments

F1 Words in art. 9(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 2 (with art. 3)

Commencement Information

I4 Art. 9 in force at 25.5.2010, see art. 1

Veterinary inquiry as to the existence of disease E+W

10.—(1) Where a veterinary inspector reasonably believes an affected animal or a suspected animal (other than a reactor) or a carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis is present on any premises, the veterinary inspector must, with all practicable speed, take such steps as may be necessary to establish whether it is in fact an affected or suspected animal or carcase.

(2) A veterinary inspector may, for the purposes of this article, examine any bovine animal or carcase of a bovine animal on the premises and take such samples from any such animal or carcase or carry out such tests as may be required for the purpose of diagnosis [F2 and paint, stamp, clip, tag or otherwise mark any bovine animal or carcase of a bovine animal].

(3) Where a veterinary inspector has examined a bovine animal and is of the opinion that it is an affected animal or suspected animal, the veterinary inspector must serve a notice on the keeper of that bovine animal requiring the keeper to—

(a) detain that animal in accordance with the requirements of the notice and keep it isolated from other bovine animals;

(b) where appropriate, take steps to ensure that the milk produced by the animal is not mixed with other milk [F3 and is not fed untreated to calves or to other mammals] and is boiled [F4 or pasteurised] or otherwise sterilised [F5 if not otherwise discarded,] and that any utensil with which such milk has been in contact before it is so treated is thoroughly cleansed and scalded with steam or boiling water before the utensil is used again; and

(c) ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by an inspector.

Textual Amendments

F2 Words in art. 10(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 3(a) (with art. 3)

F3 Words in art. 10(3)(b) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 3(b) (with art. 3)

F4 Words in art. 10(3)(b) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 2(a) (with art. 3)

F5 Words in art. 10(3)(b) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 2(b) (with art. 3)

Commencement Information

I5 Art. 10 in force at 25.5.2010, see art. 1

Veterinary improvement notice E+W

11.—(1) A veterinary inspector may serve a notice [F6 (a “veterinary requirements notice”) (“hysbysiad gofynion milfeddygol”)] on the keeper of a bovine animal requiring the keeper, by a date specified in the notice, to do things or to refrain from doing things for the purpose of preventing the spread of disease and, in particular, may impose the requirements mentioned in paragraph (2).

(2) The requirements that may be imposed by means of a veterinary [F7 requirements] notice include—

(a) erecting fences (including gates and stiles);

(b) adopting effective methods of excluding groups of animals from specified parts of the premises;

(c) protecting silage, feed storage and feeding areas from wildlife including birds;

(d) taking reasonable steps to ensure that people who enter the keeper’s land take reasonable precautions against the spread of disease[F8 ;]

[F9 (e) any other requirement that a veterinary inspector reasonably believes necessary for the purpose of preventing the spread of disease.]

[F10 (3) A veterinary inspector may specify that the requirements that may be imposed by means of a veterinary requirements notice be imposed on any bovine animal as specified in the notice, whether or not the herd that includes that animal [F11 is a restricted herd].

(4) Any requirement imposed by a veterinary requirements notice may be revoked or amended by a veterinary inspector serving—

(a) a veterinary requirements notice on the keeper of a bovine animal specifying those requirements that are revoked or amended; or

(b) a notice (a “veterinary requirements revocation notice”) (“hysbysiad dirymu gofynion milfeddygol”) revoking a veterinary requirements notice before the date specified in that veterinary requirements notice.]

Textual Amendments

F6 Words in art. 11(1) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(b) (with art. 3)

F7 Word in art. 11(2) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(a) (with art. 3)

F8 Art. 11(2)(d): semicolon substituted for word (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(c) (with art. 3)

F9 Art. 11(2)(e) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(d) (with art. 3)

F10 Art. 11(3)(4) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(e) (with art. 3)

F11 Words in art. 11(3) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/372), regs. 1(2), 3(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I6 Art. 11 in force at 25.5.2010, see art. 1

[F12 Biosecurity [F13 requirements] notice E+W

11A.— (1) A keeper of a bovine animal must take such steps as are reasonable in all the circumstances to ensure that biosecurity measures in relation to those premises where the animal is kept are in place to the extent required by good practice.

(2) A veterinary inspector may serve a notice [F14 (a “biosecurity requirements notice”) (“hysbysiad gofynion bioddiogelwch”)] on the keeper of a bovine animal which—

(a) states that the veterinary inspector is of the opinion that biosecurity measures in relation to those premises where the animal is kept are failing to comply with good practice;

(b) specifies the respects in which the veterinary inspector considers the keeper is failing to comply with good practice;

(c) specifies the steps the veterinary inspector considers need to be taken in order to comply with good practice; and

(d) specifies a period for the taking of those steps.

(3) The Welsh Ministers may issue guidance on good practice in biosecurity to assist keepers of bovine animals.]

Textual Amendments

F12 Art. 11A inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 5 (with art. 3)

F13 Word in art. 11A heading substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 3(a) (with art. 3)

F14 Words in art. 11A(2) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 3(b) (with art. 3)

Tuberculosis testing E+W

12.—(1) The Welsh Ministers may serve on the keeper of a bovine animal a notice (a “test notice”) requiring the keeper to have any such animal tested for tuberculosis with a relevant test [F15 before] a date specified in the notice.

(2) The keeper of any bovine animal must comply with all reasonable requirements of an inspector [F16 or an approved veterinary surgeon] with a view to facilitating—

(a) the identification and examination of that animal by that inspector [F17 or an approved veterinary surgeon];

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

(c) the valuation of it in a case where the Welsh Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis; or

(d) the removal of that animal for slaughter,

[F18 (e) the on-farm slaughter and subsequent removal of that animal,]

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

[F19 (3) The requirements on the keeper in paragraph (3A) apply where—

(a) a relevant test has been applied to a bovine animal;

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

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

(3A) The requirements are—

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

(b) to ensure that every reactor and 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 Welsh Ministers;

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

(e) where the reactor resides on premises with a milking herd, to inform every commercial buyer which buys milk from that herd [F20 that it is a restricted herd].

(3B) An inspector may by notice amend or disapply the requirement referred to in paragraph (3A)(a) or (b) at any time.]

(4) Without prejudice to article 16, where the keeper has failed to have an animal tested as required by a test notice, the Welsh Ministers may, in relation to the premises where the animal is kept, by notice served on the keeper, prohibit the movement of bovine animals, or of such 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, [F21 or any administrative penalty imposed on EU direct payment entitlements under Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy,] where the keeper has failed to have an animal tested as required by a test notice, [F22 or failed to comply with a reasonable requirement of an inspector or an approved veterinary surgeon in paragraph (2),] the Welsh Ministers may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing, valuation and removal of that animal and the Welsh Ministers may recover the amount of any expenses that are reasonably incurred by them from the keeper.

[F23 (6) The Welsh Ministers may consider a bovine animal to be a suspected animal where the keeper has failed to have the animal tested as required by a notice served under paragraph (1).

(7) The Welsh Ministers may consider a bovine animal (other than bison or buffalo) to be 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.]

[F24 (8) 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 as soon as reasonably practicable to the Welsh Ministers.

(9) In this article—

“inconclusive reactor” (“adweithydd amhendant”) means a bovine animal that reveals a non-negative reading when tested for tuberculosis, but is not regarded as a reactor; and

F25 ...]

Textual Amendments

F15 Word in art. 12(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(a)

F16 Words in art. 12(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(a)

F17 Words in art. 12(2)(a) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(b)

F18 Art. 12(2)(e) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 4 (with art. 3)

F19 Art. 12(3)-(3B) substituted for art. 12(3) (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(c)

F20 Words in art. 12(3A)(e) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/372), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in art. 12(5) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(a)(i) (with art. 3)

F22 Words in art. 12(5) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(a)(ii) (with art. 3)

F23 Art. 12(6)(7) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 6(b) (with art. 3)

F24 Art. 12(8)(9) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(d)

F25 Words in art. 12(9) omitted (2.11.2015) by virtue of The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(3)

Commencement Information

I7 Art. 12 in force at 25.5.2010, see art. 1

Pre-Movement Testing E+W

13.—(1) No person may move a bovine animal from any premises unless—

(a) a skin test has been applied to it no more than 60 days before the date of movement; and

(b) the results of the test have been read by an inspector [F26 or an approved veterinary surgeon] and are negative.

[F27 (1A) Where a reading of the test in paragraph (1)(b) does not reveal a negative result for tuberculosis the requirements in article 12(3A) apply.]

(2) Paragraph (1) does not apply to—

(a) bovine animals that are less than 6 weeks old at the date of the movement;

(b) the movement of a bovine animal to a place for veterinary treatment provided that it is returned direct to its premises of origin after the treatment, or is killed or goes direct to slaughter;

[F28 (c) any movements specified in Schedule 2; and]

(d) any movement that is approved by the Welsh Ministers.

[F29 (3) For the purposes of paragraph (1)(a)—

(a) the 60 day period begins on the day after tuberculin is injected into the animal; and

(b) the skin test cannot be one applied to an animal subject to a notice served under article 16 (isolation and prohibition on movement of animals) unless approved by the Welsh Ministers.]

[F30 (4) The pre-movement test must be arranged with an approved veterinary surgeon at the expense of the keeper of the bovine animal unless a test for tuberculosis has been instructed by the Welsh Ministers in accordance with article 12(1) to take place within the period mentioned in paragraph (1)(a).]

Textual Amendments

F26 Words in art. 13(1)(b) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(5)(a)

F27 Art. 13(1A) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(5)(b)

F28 Art. 13(2)(c) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 5(a) (with art. 3)

F29 Art. 13(3) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 5(b) (with art. 3)

F30 Art. 13(4) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 7 (with art. 3)

Commencement Information

I8 Art. 13 in force at 25.5.2010, see art. 1

[F31 Post-movement testing E+W

13A.— (1) There are three tuberculosis areas in Wales, which are the—

(a) low TB area;

(b) intermediate TB area;

(c) high TB area.

(2) When a bovine animal is moved into the low TB area from a herd located in—

(a) the intermediate TB area;

(b) the high TB area;

(c) England; or

(d) Northern Ireland,

the keeper who receives the animal must arrange for a post-movement test to be undertaken on it by an approved veterinary surgeon no fewer than 60 days, but no more than 120 days, after the date of arrival at the receiving premises.

(3) Paragraph (2) does not apply to—

(a) bovine animals that are slaughtered within 120 days of arrival at the receiving premises;

(b) the movement of a bovine animal to a place for veterinary treatment provided that it is returned direct to its premises of origin after the treatment, or is killed or goes direct to slaughter;

(c) any movements specified in Schedule 3; and

(d) any movement that is approved by the Welsh Ministers.

(4) Where a bovine animal is required to have a post-movement test under paragraph (2), no person may move that animal from the receiving premises until the skin test has been completed with a negative result unless the move is—

(a) directly (or via a slaughter gathering) to slaughter;

(b) to an approved finishing unit; or

(c) made under the authority of a movement licence issued by an inspector.

(5) Where a bovine animal is required to have a post-movement test, but remains untested after 120 days since arrival at the receiving premises—

(a) the test will be treated by the Welsh Ministers as overdue; and

(b) an inspector must impose movement restrictions on all bovine animals on the premises until the overdue post-movement test has been completed with negative results.

(6) The post-movement test must be arranged with an approved veterinary surgeon at the expense of the keeper of the bovine animal unless a test for tuberculosis has been instructed by the Welsh Ministers in accordance with article 12(1) to take place within the period mentioned in paragraph (2).]

Textual Amendments

F31 Art. 13A inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 6 (with art. 3)

Tuberculosis test records E+W

14.—(1) Where a skin test has been applied to a bovine animal, the Welsh Ministers must, as soon as practicable after the results of the test have been read by an inspector [F32 or an approved veterinary surgeon], give the keeper of that animal a written record of the results.

(2) Paragraph (1) does not apply to animals in respect of which movement is, or remains, prohibited under this Order following the test.

(3) The keeper must—

(a) retain the record of the results of the test for a period of 3 years and 60 days beginning with the day following the date of injection of tuberculin; and

(b) produce such record when requested to do so by an inspector.

[F33 (4) Where a bovine herd [F34 becomes or ceases to be a restricted herd] the Welsh Ministers may publish information regarding that herd in any form that the Welsh Ministers see fit for the purpose of helping other persons to protect against the further spread of tuberculosis.]

Textual Amendments

F32 Words in art. 14(1) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(6)

F33 Art. 14(4) inserted (2.11.2015) by The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(4)

F34 Words in art. 14(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/372), regs. 1(2), 3(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I9 Art. 14 in force at 25.5.2010, see art. 1

[F35 Exempt finishing units and approved finishing units E+W

14A.— (1) The Welsh Ministers may approve—

(a) a finishing unit to take bovine animals that have been moved without a pre-movement test in accordance with article 13 (“an exempt finishing unit”) (“uned besgi eithriedig”); or

(b) a finishing unit to take bovine animals that come from a restricted herd (“an approved finishing unit”) (“uned besgi gymeradwy”).

(2) The approval referred to in paragraph (1) must specify—

(a) the operator;

(b) the premises or the part of the premises on which the exempt finishing unit or approved finishing unit may be situated; and

(c) the conditions with which the operator of that finishing unit must comply.

(3) The operator of an exempt finishing unit or an approved finishing unit must separate animals in or entering the finishing unit from other bovine animals present on other parts of the premises where that finishing unit is located.

(4) A person must not purport to operate an exempt finishing unit or an approved finishing unit unless it is approved under paragraph (1).

(5) A person must not move a bovine animal from an exempt finishing unit or an approved finishing unit except—

(a) direct to slaughter; or

(b) under the authority of a licence issued by a veterinary inspector.

(6) A person must not move a bovine animal that is not separated from animals in or entering an exempt finishing unit or an approved finishing unit as required by paragraph (3) except—

(a) direct to slaughter; or

(b) under the authority of a licence issued by a veterinary inspector.

(7) A finishing unit in England or Scotland that is approved by the Secretary of State or the Scottish Ministers respectively for the same purpose as a finishing unit may be approved under paragraph (1)(a) is also an exempt finishing unit for the purposes of this Order.

(8) A finishing unit in England or Scotland that is approved by the Secretary of State or the Scottish Ministers respectively for the same purpose as a finishing unit may be approved under paragraph (1)(b) is also an approved finishing unit for the purposes of this Order.]

Textual Amendments

F35 Art. 14A inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 8 (with art. 3)

Prohibitions E+W

15.—(1) No person may vaccinate a bovine animal against tuberculosis without the written consent of the Welsh Ministers.

(2) No person may treat a bovine animal for tuberculosis without the written consent of the Welsh Ministers.

(3) No person may perform a test for tuberculosis on a bovine animal [F36 or on any sample taken from any such animal] except with the written consent of the Welsh Ministers and a person to whom any such consent is given must report the results immediately to the Welsh Ministers.

(4) No person may interfere with or obstruct the application or the reading of a relevant test.

[F37 (5) No person may interfere with or obstruct an epidemiological investigation.]

Textual Amendments

F36 Words in art. 15(3) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 9(1) (with art. 3)

F37 Art. 15(5) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 9(2) (with art. 3)

Commencement Information

I10 Art. 15 in force at 25.5.2010, see art. 1

Isolation and prohibition on movement of animals E+W

16.  An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals F38 ...—

(a) require such bovine animals as are specified in the notice to be isolated from other animals to the extent specified in the notice; and

(b) prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, F39 ... except under the authority of a licence issued by an inspector.

Textual Amendments

F38 Words in art. 16 omitted (1.4.2016) by virtue of The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 10(a) (with art. 3)

F39 Words in art. 16(b) omitted (1.4.2016) by virtue of The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 10(b) (with art. 3)

Commencement Information

I11 Art. 16 in force at 25.5.2010, see art. 1

Notification of intended slaughter of animals E+W

17.—(1) Where the Welsh Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, an inspector must serve a notice on the keeper of the animal informing the keeper of the intended slaughter and requiring the keeper to detain the animal pending such slaughter, or its removal for such slaughter, on such part of the premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.

(2) Where a notice has been served under paragraph (1), no person may move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.

Commencement Information

I12 Art. 17 in force at 25.5.2010, see art. 1

Precautions against spread of infection E+W

18.—(1) Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a suspected animal, [F40 or where tuberculosis has been identified on any premises,] the veterinary inspector may, by notice served on the keeper of any such animal, require the keeper [F41 or the person in occupation of the premises (as appropriate)]–

(a) to treat and store manure or slurry from any place which has been used by any such animal in accordance with the requirements of the notice;

(b) not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;

(c) not to remove manure, slurry or other animal waste from the premises except under the authority of a licence issued by an inspector;

(d) to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;

(e) to arrange for the isolation of any bovine animals which may be specified in the notice on any specified part or parts of the premises;

(f) to ensure that any part or parts of the premises specified in the notice are not used by any bovine animal on the premises, or by such other animal or animals as may be specified;

(g) to cleanse and disinfect with an approved disinfectant such part or parts of the premises, within such time and in such manner, as may be specified in the notice;

(h) to cleanse and disinfect with an approved disinfectant all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice; F42 ...

(i) to take such other action as the veterinary inspector considers appropriate[F43 ; and]

[F44 (j) to adopt precautions with respect to the risk of spreading tuberculosis through—

(i) the feeding of unpasteurised milk from a restricted herd to any calves or other mammal;

(ii) keeping milk from herds that are subject to restrictions under this Order separate from milk from cows not so restricted.]

(2) Where the keeper fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable from the keeper.

[F45 (3) Where the keeper fails to comply with the requirements of the notice, the Welsh Ministers may delay the lifting of movement restrictions (imposed under article 16) until the notice requirements have been completed to the satisfaction of a veterinary inspector.]

Textual Amendments

F40 Words in art. 18(1) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(a) (with art. 3)

F41 Words in art. 18(1) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(b) (with art. 3)

F42 Word in art. 18(1)(h) omitted (1.4.2016) by virtue of The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(c) (with art. 3)

F43 Word in art. 18(1)(i) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(d) (with art. 3)

F44 Art. 18(1)(j) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(e) (with art. 3)

F45 Art. 18(3) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(2) (with art. 3)

Commencement Information

I13 Art. 18 in force at 25.5.2010, see art. 1

Suspected animals in markets, shows etc E+W

19.—(1) Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held is an affected animal, a suspected animal or has been exposed to infection by tuberculosis, the veterinary inspector may—

(a) by notice served on the keeper of the animal require that animal to be removed from those premises and taken—

(i) to a slaughterhouse for immediate slaughter; or

(ii) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or

(iii) to such other premises as may be approved by the veterinary inspector for the purpose; and

(b) by notice served on the person in charge of the premises—

(i) require that person to ensure that any part or parts of the premises specified in the notice are not used by any other bovine animal for such period as may be specified in the notice; and

(ii) require that person within such time and in such manner as may be specified in the notice—

(aa) to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice; and

(bb) to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with such animal.

(2) Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) the keeper must immediately put it into isolation and must not move it from the premises again except under the authority of a licence issued by an inspector.

(3) If any person on whom a notice is served under paragraph (1)(b) fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable by them from the person in default.

Commencement Information

I14 Art. 19 in force at 25.5.2010, see art. 1

Control of infection from other animals E+W

20.—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, the veterinary inspector may by notice served on the occupier of such premises—

(a) require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and

(b) prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector.

(2) In paragraph (1), “animal” (“anifail”) means any kind of [F46 farmed mammal except a bovine animal, deer, camelid or goat].

Textual Amendments

F46 Words in art. 20(2) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 12 (with art. 3)

Commencement Information

I15 Art. 20 in force at 25.5.2010, see art. 1

Marking of bovine animals E+W

21.— [F47 (1) If directed to so by an inspector or an approved veterinary surgeon, the keeper must mark any bovine animal in the manner required by the inspector or the approved veterinary surgeon.]

(2) The inspector [F48 or, the approved veterinary surgeon] may [F49 paint, stamp, clip, tag or otherwise] mark bovine animals [F50 for the purpose of identification of tested animals].

(3) No person may change or interfere with any mark that has been applied under this article.

Textual Amendments

F47 Art. 21(1) substituted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(7)(a)

F48 Words in art. 21(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(7)(b)

F49 Words in art. 21(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 13(a) (with art. 3)

F50 Words in art. 21(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 13(b) (with art. 3)

Commencement Information

I16 Art. 21 in force at 25.5.2010, see art. 1

Isolation of M. bovis in a laboratory E+W

22.—(1) Where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any mammal (except man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately notify the [F51 Welsh Ministers].

(2) But there is no such duty to notify where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.

Textual Amendments

F51 Words in art. 22(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(b)

Commencement Information

I17 Art. 22 in force at 25.5.2010, see art. 1

General provisions as to notices, licences and approvals E+W

23.—(1) Any notice, licence or approval issued or granted under this Order must be in writing.

(2) Any licence issued under this Order may be general or specific and may be made subject to conditions.

(3) Any [F52 notice or] approval granted under this Order may be made subject to conditions.

(4) A notice, licence or approval issued or granted under this Order may be amended, suspended or revoked in writing at any time.

(5) Any person to whom any requirement or condition in a notice, licence or approval issued or granted under this Order applies must comply with the requirement or condition.

Textual Amendments

F52 Words in art. 23(3) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 14 (with art. 3)

Commencement Information

I18 Art. 23 in force at 25.5.2010, see art. 1

Production of licences E+W

24.  Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order, the person in charge of the animal being moved must, on demand made under this Order by an inspector, give the person’s name and address and must produce the licence and allow a copy of it to be taken.

Commencement Information

I19 Art. 24 in force at 25.5.2010, see art. 1

Enforcement E+W

25.—(1) This Order must be enforced by the local authority.

(2) The Welsh Ministers may direct, in relation to any particular case or class of case, that they will enforce this Order instead of the local authority.

Commencement Information

I20 Art. 25 in force at 25.5.2010, see art. 1