SCHEDULE
Article 2
Amendment of the Tuberculosis (Wales) Order 2010
1. In article 2—
(a) in the appropriate places insert—
““pre-movement test” (“prawf cyn symud”) means a skin test carried out in accordance with article 13;”;
““restricted herd” (“buches dan gyfyngiadau”) means a herd that is under a movement restriction imposed under this Order;”; and
““salvage value” (“gwerth achub”) means the price paid to the Welsh Ministers for the carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis;”;
(b) in the definition of “skin test” (“prawf croen”) after “tuberculosis” insert “using bovine and avian tuberculin”; and
(c) in the definition of “suspected animal” (“anifail a amheuir”) for “an animal that has been in close contact with such an animal” substitute “a reactor”.
2. In article 9(2) (notification of disease in carcases), after “then is” insert “and must isolate it as far as practicable from bovine animals or other farmed or pet mammals”.
3. In article 10 (veterinary inquiry as to the existence of disease)—
(a) in paragraph (2) after “diagnosis” insert “and paint, stamp, clip, tag or otherwise mark any bovine animal or carcase of a bovine animal”; and
(b) in paragraph (3)(b) after “other milk” insert “and is not fed untreated to calves or to other mammals”.
4. In article 11 (veterinary improvement notice)—
(a) in the heading and in paragraph (2) for “improvement” substitute “requirements”;
(b) in paragraph (1) for “(a “veterinary improvement notice”) (“hysbysiad gwella milfeddygol”)” substitute “(a “veterinary requirements notice”) (“hysbysiad gofynion milfeddygol”)”;
(c) at the end of paragraph (2)(d), for “.” substitute “;”;
(d) after paragraph (2)(d) insert—
“(e)
“(e) any other requirement that a veterinary inspector reasonably believes necessary for the purpose of preventing the spread of disease.”; and
(e) after paragraph (2) insert—
“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 has tuberculosis-free status.
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.”
5. After article 11, insert—
“Biosecurity improvement notice
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 (a “biosecurity improvement notice”) (“hysbysiad gwella bioddiogelwch”) on the keeper of a bovine animal which—
(a)
(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)
(b) specifies the respects in which the veterinary inspector considers the keeper is failing to comply with good practice;
(c)
(c) specifies the steps the veterinary inspector considers need to be taken in order to comply with good practice; and
(d)
(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.”
6. In article 12 (tuberculosis testing)—
(a) in paragraph (5)—
(i) after “this Order,” insert “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 policy3,”; and
(ii) after “test notice,” insert “or failed to comply with a reasonable requirement of an inspector or an approved veterinary surgeon in paragraph (2),”; and
(b) for paragraphs (6) and (7) substitute—
“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.”
7. In article 13 (pre-movement testing), after paragraph (3) insert—
“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).”
8. After article 14 insert—
“Exempt finishing units and approved finishing units
14A.—(1) The Welsh Ministers may approve—
(a)
(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)
(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)
(a) the operator;
(b)
(b) the premises or the part of the premises on which the exempt finishing unit or approved finishing unit may be situated; and
(c)
(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)
(a) direct to slaughter; or
(b)
(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)
(a) direct to slaughter; or
(b)
(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.”
9.—(1) In article 15(3) (prohibitions), after “bovine animal” insert “or on any sample taken from any such animal”.
(2) After article 15(4) insert—
“5 No person may interfere with or obstruct an epidemiological investigation.”
10. In article 16 (isolation and prohibition on movement of animals)—
(a) after “keeper of bovine animals” omit “kept on such premises as are specified in the notice”; and
(b) in paragraph (b), after “specified in the notice,” omit “on to or off such premises,”.
11.—(1) In article 18(1) (precautions against spread of infection)—
(a)
(a) after “suspected animal,” insert “or where tuberculosis has been identified on any premises,”;
(b)
(b) after “require the keeper” insert “or the person in occupation of the premises (as appropriate)”;
(c)
(c) after sub-paragraph (h), omit “and”;
(d)
(d) at the end of sub-paragraph (i), for “.” substitute “; and”; and
(e)
(e) after sub-paragraph (i) insert—
“(j)
“(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) After article 18(2)...
