Made | 8th March 2007 | ||
Coming into force | 6th April 2007 |
Extension of definition of "disease" and power to slaughter on account of tuberculosis
4.
For the purposes of the Act, the definition of "disease" in section 88(1) of the Act is extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) applies to that disease.
Notification of disease in bovine animals
5.
—(1) Any person who—
must immediately notify the Divisional Veterinary Manager.
(2) Any person who has in his possession or under his charge any bovine animal which he 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—
Notification of disease in carcases
6.
—(1) Any person who—
must, immediately he suspects the carcase may be affected with tuberculosis, notify the Divisional Veterinary Manager.
(2) A person who has in his possession or under his charge a carcase mentioned in paragraph (1) must detain it on the premises where it then is until it has been examined by a veterinary inspector.
(3) In this article, "carcase" means the carcase of any bovine animal or other farmed or pet mammal.
Veterinary inquiry as to the existence of disease
7.
—(1) Where a veterinary inspector has reason to believe 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, he 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) For the purpose of carrying out his duties under this article a veterinary inspector may 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.
(3) A veterinary inspector must serve a notice on the keeper of any bovine animal examined by him which in his opinion is an affected animal or suspected animal, requiring the keeper to—
Tuberculosis testing
8.
—(1) The Secretary of State may by notice served on the keeper of a bovine animal, require the keeper to have any such animal tested for tuberculosis with a relevant test by a specified date.
(2) Without prejudice to article 14, where there has been a failure to test an animal in accordance with a notice served under paragraph (1) the Secretary of State may, by notice served on the keeper of that animal, 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 them, except under the authority of a licence issued by an inspector.
(3) The keeper of any bovine animal must comply with all reasonable requirements of an inspector with a view to facilitating—
and in particular must arrange at his own expense for the collection, penning and securing of any such animal if so required.
(4) Without prejudice to any proceedings for an offence under this Order, where there has been a failure to test an animal in accordance with a notice issued under paragraph (1), the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal, (including the removal of that animal from the premises on which it is kept) and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
(5) Where a relevant test has been applied to a bovine animal, no person may move that animal from the premises on which it is kept unless—
Pre-Movement Testing
9.
—(1) No person may move a bovine animal from any premises unless—
(2) Paragraph (1) does not apply to the following animals—
(e) bovine animals at an approved semen collection centre.
(3) Paragraph (1) does not apply to the following movements—
(4) For the purposes of paragraph (1)(a), a skin test is applied on the date tuberculin is injected.
Tuberculosis test records
10.
—(1) Where a skin test has been applied to a bovine animal, the Secretary of State must, as soon as practicable after the results of the test have been read by an inspector, 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 of any animal to which paragraph (1) applies must—
Exempt markets
11.
—(1) The Secretary of State may approve a market to handle and sell bovine animals that have been moved without a pre-movement test in accordance with article 9(3)(a) ("an exempt market").
(2) The approval must specify—
(3) The operator of an exempt market must separate animals in or entering the exempt market from other bovine animals present on other parts of the premises where the exempt market is located.
(4) No person may purport to hold an exempt market unless it is approved under paragraph (1).
(5) No person may move a bovine animal from an exempt market except direct to a permitted destination.
(6) No person may move a bovine animal that is not separated from animals in or entering an exempt market as required by paragraph (3) except to a permitted destination.
(7) In this article, "permitted destination" means—
(8) A market in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales for the same purpose as a market may be approved under this article is also an exempt market for the purposes of this Order.
Exempt finishing units, approved finishing units and approved collecting centres
12.
—(1) The Secretary of State may approve—
(2) In paragraph (1), "a restricted herd" means a herd that is under a movement restriction imposed under article 14(b).
(3) An approved finishing unit and an approved collecting centre are also approved to take bovine animals that have been moved without a pre-movement test in accordance with article 9(3)(a).
(4) The approval referred to in paragraph (1) must specify—
(5) The operator of an exempt finishing unit, an approved finishing unit or an approved collecting centre must separate animals in or entering the finishing unit or collecting centre from other bovine animals present on other parts of the premises where that finishing unit or collecting centre is located.
(6) No person may purport to operate an exempt finishing unit, approved finishing unit or approved collecting centre unless it is approved under paragraph (1).
(7) No person may move a bovine animal from an exempt finishing unit, an approved finishing unit or approved collecting centre except—
(8) No person may move a bovine animal that is not separated from animals in or entering an exempt finishing unit, an approved finishing unit or an approved collecting centre as required by paragraph (5) except—
(9) A finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales 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.
(10) A finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales 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.
(11) A collecting centre in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales respectively for the same purpose as a collecting centre may be approved under paragraph (1)(c) is also an approved collecting centre for the purposes of this Order.
Prohibitions
13.
—(1) No person may vaccinate a bovine animal against tuberculosis without the written consent of the Secretary of State.
(2) No person may treat a bovine animal for tuberculosis without the written consent of the Secretary of State.
(3) No person may perform a test for tuberculosis on a bovine animal except with the written consent of the Secretary of State, and a person to whom any such consent is given must, as soon as he knows the result of the test, report it immediately to the Divisional Veterinary Manager.
(4) No person may interfere with or obstruct the application or the reading of a relevant test.
Isolation and prohibition on movement of animals
14.
An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals kept on such premises as are specified in the notice—
Notification of intended slaughter of animals
15.
—(1) Where the Secretary of State intends to cause a bovine animal to be slaughtered under section 32 of the Act, an inspector must serve a notice on the keeper of the animal informing him of the intended slaughter and requiring him 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.
Precautions against spread of infection
16.
—(1) Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a suspected animal, he may, by notice served on the keeper of any such animal, require him—
(2) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State 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 the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
Suspected animals in markets, shows etc.
17.
—(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, he may—
(b) by notice served on the person in charge of the premises—
(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 Secretary of State 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 the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
Control of infection from other animals
18.
—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, he may by notice served on the occupier of such premises—
(2) In paragraph (1), "animal" means any kind of mammal except a bovine animal or man.
Marking of bovine animals
19.
—(1) If he is directed to do so by an inspector, the keeper of bovine animals kept on any premises must mark such animals in the manner required by the inspector.
(2) The inspector may mark bovine animals kept on any premises.
(3) No person may change or interfere with any mark that has been applied under this article.
Isolation of M. bovis in a laboratory
20.
—(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 Veterinary Laboratories Agency.
(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.
General provisions as to notices, licences and approvals
21.
—(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.
Production of licences
22.
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 his name and address and must produce the licence and allow a copy of it to be taken.
Enforcement
23.
—(1) This Order is enforced by the local authority.
(2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.
Savings
24.
Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 1984 or the Tuberculosis (England) Order 2006 and which has effect at the coming into force of this Order remains in force as if it were a notice or licence issued, or approval or consent granted, under this Order.
Ben Bradshaw
Minister of State Department for Environment, Food and Rural Affairs
8th March 2007
Common land
2.
The movement of a bovine animal between land over which the owner or keeper of the animal has a registered right of common and—
(2) The movement of a bovine animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.
(3) In this paragraph "registered right of common" means a right to common registered under the Commons Registration Act 1965[5] or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Acts 1854, 1949, 1964 and 1970[6], the Epping Forest Acts 1878 and 1880[7] or the City of London (Various Powers) Act 1977[8] or any like right or permission exercised in the Forest of Dean.
Movement within a sole occupancy group
3.
The movement of a bovine animal between premises in an approved sole occupancy group, being a set of premises authorised by the Secretary of State as a sole occupancy group as a result of being associated in terms of their control.
Movement for veterinary treatment
4.
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.
Movement to agricultural shows
5.
The movement of a bovine animal to an agricultural show or series of shows provided that it goes direct to slaughter or is returned direct to its premises of origin after the show or shows.
[2] Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (SI 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).back
[4] S.I. 1978/32, to which there are amendments not relevant to this order.back
[6] 1854 c. 49 (17 & 18 Vict.); 1949 c. 69, 1964 c. 83 and 1970 c. 21.back
[7] 1878 c. ccxiii (41 & 42 Vict.) and 1880 c. cxxx (43 & 44 Vict.).back