The Tuberculosis (Wales) Order 2011

PART 2 E+W Testing and Movement

Identification E+W

5.  The keeper of a deer, alpaca, guanaco, llama or vicuna must mark or identify it in a manner approved by the Welsh Ministers.

Commencement Information

I1 Art. 5 in force at 31.3.2011, see art. 1

Notification of disease in non-bovine animals E+W

6.—(1) Any person who—

(a) has possession or charge of any non-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 non-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 non-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 non-bovine animal which the person suspects is or may be an affected animal must, pending conclusion of the veterinary inquiry under article 7 and the service of any notice under that article, immediately–

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

(b) isolate it from other animals to the extent specified in the notice; and

(c) adopt precautions with respect to milk produced by that non-bovine animal as if a notice under article 7 had already been served.

Commencement Information

I2 Art. 6 in force at 31.3.2011, see art. 1

Veterinary inquiry as to the existence of disease E+W

7.—(1) Where a veterinary inspector reasonably believes an affected animal or a suspected animal (other than a reactor) or a carcase of a non-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 non-bovine animal or carcase of a non-bovine animal on the premises and take such samples from any such non-bovine animal or carcase or carry out such tests as may be required for the purpose of diagnosis.

(3) Where a veterinary inspector has examined a non-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 non-bovine animal requiring the keeper to–

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

(b) where appropriate, take steps to ensure that the milk produced by the non-bovine animal is not mixed with other milk and is boiled or otherwise sterilised 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 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.

(4) In this article “reactor” (“adweithydd”) means a non-bovine animal that gives rise to a reaction to a relevant test which is consistent with its being affected with tuberculosis.

Commencement Information

I3 Art. 7 in force at 31.3.2011, see art. 1

Veterinary improvement notice E+W

8.—(1) A veterinary inspector may serve a notice (“veterinary improvement notice”) (“hysbysiad gwella milfeddygol”) on the keeper of a non-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 any of the requirements mentioned in paragraph (2).

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

(a) erecting fences, 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.

Commencement Information

I4 Art. 8 in force at 31.3.2011, see art. 1

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

I5 Art. 9 in force at 31.3.2011, see art. 1

Tuberculosis test records E+W

10.—(1) Where a relevant test has been applied to a non-bovine animal, the Welsh Ministers must, as soon as practicable after the results of the test have been read by an inspector [F5 or an approved veterinary surgeon], give the keeper of that non-bovine animal a written record of the results.

(2) Paragraph (1) does not apply to non-bovine 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.

Textual Amendments

F5 Words in art. 10(1) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(5)

Commencement Information

I6 Art. 10 in force at 31.3.2011, see art. 1

Prohibitions E+W

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

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

(3) No person may perform a test for tuberculosis on a non-bovine 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.

Commencement Information

I7 Art. 11 in force at 31.3.2011, see art. 1

Isolation and prohibition on movement of non-bovine animals E+W

12.  An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of non-bovine animals kept on such premises as are specified in the notice–

(a) require such non-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 non-bovine animals, or of such non-bovine animals as are specified in the notice, on to or off such premises, except under the authority of a licence issued by an inspector.

Commencement Information

I8 Art. 12 in force at 31.3.2011, see art. 1

Notification of intended slaughter of non-bovine animals E+W

13.—(1) Where the Welsh Ministers intend to cause a non-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 non-bovine animal informing the keeper of the intended slaughter and requiring the keeper to detain the non-bovine 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 to the extent specified in the notice.

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

Commencement Information

I9 Art. 13 in force at 31.3.2011, see art. 1

Precautions against spread of infection E+W

14.—(1) Where a veterinary inspector is satisfied that any non-bovine animal kept on any premises is an affected animal or a suspected animal, the veterinary inspector may, by notice served on the keeper of any such non-bovine animal, require the keeper–

(a) to treat and store manure or slurry from any place which has been used by any such non-bovine 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 non-bovine 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 non-bovine animal kept on the premises from infecting any animal kept on any adjoining premises;

(e) to arrange for the isolation of any non-bovine animals which may be specified in the notice to the extent specified in the notice;

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

(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 a non-bovine animal to which the notice relates, within such time and in such manner, as may be specified in the notice; and

(i) to take such other action as the veterinary inspector considers appropriate.

(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.

Commencement Information

I10 Art. 14 in force at 31.3.2011, see art. 1

Suspected animals in markets, shows etc E+W

15.—(1) Where a veterinary inspector reasonably believes that a non-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 non-bovine animal require that non-bovine animal to be removed from those premises and taken–

(i) to a slaughterhouse for immediate slaughter;

(ii) back to the premises from which the non-bovine 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 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 non-bovine animal.

(2) Where a non-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

I11 Art. 15 in force at 31.3.2011, see art. 1

Marking and movement of non-bovine animals E+W

16.— [F6 (1) If directed to do so by an inspector or an approved veterinary surgeon the keeper must mark any non-bovine animal in the manner required by the inspector or the approved veterinary surgeon]

(2) The inspector [F7 or approved veterinary surgeon] may mark non-bovine animals.

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

(4) The keeper must keep a record of the movement of non-bovine animals and must produce that record on being required to do so by an inspector [F8 or an approved veterinary surgeon].

Textual Amendments

F6 Art. 16(1) substituted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(6)(a)

F7 Words in art. 16(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(6)(b)

F8 Words in art. 16(4) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 3(6)(c)

Commencement Information

I12 Art. 16 in force at 31.3.2011, see art. 1

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

17.—(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 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.

Commencement Information

I13 Art. 17 in force at 31.3.2011, see art. 1

Production of licences E+W

18.  Where a non-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 non-bovine animal being moved must, on demand made under this Order by an inspector, give his or her name and address and must produce the licence and allow a copy of it to be taken.

Commencement Information

I14 Art. 18 in force at 31.3.2011, see art. 1

Enforcement E+W

19.—(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

I15 Art. 19 in force at 31.3.2011, see art. 1