Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978

JurisdictionUK Non-devolved
CitationSI 1978/1483
Year1978

1978 No. 1483

ANIMALS

DISEASES OF ANIMALS

The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978

17thOctober 1978

18thOctober 1978

8thNovember 1978

The Minister of Agriculture, Fisheries and Food, as respects England, and the Secretary of State, as respects Wales, in exercise of the powers conferred by sections 17(3), 19(7) and 85(1) of the Diseases of Animals Act 1950(a) and now vested in the said Minister in relation to England and the Secretary of State in relation to Wales(b), as applied to brucellosis by article 24 of the Brucellosis (England and Wales) Order 1978(c) and to tuberculosis by article 18 of the Tuberculosis Order 1964(d), and of all their other enabling powers, with the approval of the Treasury, hereby make the following order:—

Citation and commencement

1. This order, which may be cited as the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 shall come into operation on 8th November 1978.

Interpretation

2.—(1) In this order, unless the context otherwise requires—

"accredited herd" means a herd which, to the satisfaction of the Minister in relation to a herd in England or of the Secretary of State in relation to a herd in Scotland or Wales either—

(a) has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf; or

(b) has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister, in relation to herds in England, or the Secretary of State in relation to herds in Scotland or in Wales, may either generally or in any special case allow;

"The Act" means the Diseases of Animals Act 1950, as amended or extended by any other Act;

"affected animal" means—

(a) in relation to brucellosis, a bovine animal which is affected with brucellosis, and

(b) in relation to tuberculosis, a cow which is affected with

(a) 1950 c. 36. For change of title of the Minister, see S.I. 1955/554.

(b) In the case of the Secretary of State by virtue of Section 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No. 1) Order 1978. (S.I. 1978/272).

(c) S.I. 1978/1480.

(d) S.I. 1964/1151.

tuberculosis of the udder or is giving tuberculous milk, or a bovine animal which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis;

"the appropriate Minister" means the Minister in relation to England, and the Secretary of State in relation to Wales;

"bovine animal" means a bull, cow, steer, heifer or calf;

"brucellosis" means the disease caused by brucella abortus, otherwise known as epizootic abortion or contagious abortion;

"the Minister" means the Minister of Agriculture, Fisheries and Food;

"reactor" means an animal which gives rise to a reaction consistent with its being affected with brucellosis or tuberculosis...

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