The Tuberculosis (Wales) Order 2011

Tuberculosis testing E+W

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 [F1 or an approved veterinary surgeon] with a view to facilitating—

(a) the identification and examination of that non-bovine animal by that inspector [F2 or an approved veterinary surgeon];

(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.

[F3 (3) The requirements on the keeper in paragraph (3A) apply where—

(a) a relevant test has been applied to a non-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 non-bovine animal to be either a reactor, or an inconclusive reactor.

(3A) The requirements are—

(a) that no non-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 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 that a reactor has been found on the premises.

(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 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.

[F4 (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 non-bovine animal that reveals a non-negative reading when tested for tuberculosis, but is not regarded as a reactor.]

Textual Amendments

F1 Words in art. 9(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(4)(a)

F2 Words in art. 9(2)(a) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(4)(b)

F3 Art. 9(3)-(3B) substituted for art. 9(3) (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(4)(c)

F4 Art. 9(8)(9) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(4)(d)

Commencement Information

I1 Art. 9 in force at 31.3.2011, see art. 1