The Tuberculosis (Wales) Order 2010
| Jurisdiction | Wales |
| Citation | SI 2010/1379 (W122) |
| Year | 2010 |
2010 No. 1379 (W.122)
ANIMALS, WALESANIMAL HEALTH
The Tuberculosis (Wales) Order 2010
Made 30th April 2010
Laid before the National Assembly for Wales 4th May 2010
Coming into force 25th May 2010
The Welsh Ministers make the following Order in exercise of powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 32(2), 34(7), 83(2) and 88(2) of the Animal Health Act 19811.
PART 1
General
Title, commencement and application
1. The title of this Order is the Tuberculosis (Wales) Order 2010; it applies in relation to Wales and comes into force on 25 May 2010.
Interpretation
2. In this Order—
“the Act” (“y Ddeddf”) means the Animal Health Act 1981;
“affected animal” (“anifail yr effeithiwyd arno”) means a bovine animal which is affected with tuberculosis of the udder or is giving tuberculous milk, or which is affected with tuberculosis emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough, or shows any other clinical signs of tuberculosis;
“approved disinfectant” (“diheintydd cymeradwy”) means a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) (Wales) Order 20072;
“bovine animal” (“anifail buchol”) means domestic cattle of the genus Bos, buffalo or bison;
“keeper” (“ceidwad”) means any person who owns or is responsible for a bovine animal whether on a permanent or temporary basis, but it does not include a person responsible for a bovine animal solely because the person is transporting it;
“premises” (“mangre”) includes—
(a) land or buildings; and
(b) any other place including, in particular, a vehicle, a vessel, an aircraft, or a tent or other moveable structure;
“reactor” (“adweithydd”) means a bovine animal that gives rise to a reaction to a relevant test which is consistent with its being affected with tuberculosis;
“relevant test” (“prawf perthnasol”) means a skin test or other diagnostic test for tuberculosis;
“skin test” (“prawf croen”) means a single intradermal comparative cervical tuberculin test for tuberculosis;
“suspected animal” (“anifail a amheuir”) means a bovine animal which is suspected of being affected with tuberculosis and includes an animal that has been in close contact with such an animal; and
“tuberculosis” (“twbercwlosis”) means infection with Mycobacterium bovis (M.bovis).
Revocation
3. The Tuberculosis (Wales) Order 20063is revoked.
Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978
4.—(1) The Brucellosis and Tuberculosis (England and Wales) Compensation Order 19784is amended as follows.
(2) In article 2(1) (interpretation)—
(a)
(a) in the definition of “affected animal”—
(i) in sub-paragraph (a)—
(aa) omit “in relation to brucellosis,”; and
(bb) omit “and”; and
(ii) omit sub-paragraph (b); and
(b)
(b) in the definition of “reactor”, omit “or tuberculosis”.
(3) In article 3 (compensation for, and ascertainment of value of, bovine animals slaughtered for brucellosis or tuberculosis)—
(a)
(a) in the title, omit “or tuberculosis”;
(b)
(b) in paragraph (1) , omit “or tuberculosis”; and
(c)
(c) omit paragraph (2A).
(4) In article 4(1) (compensation for “control animals”) omit “or tuberculosis”.
Savings and transition
5.—(1) Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 19845or the Tuberculosis (Wales) 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.
(2) This Order applies in relation to a notice served under the Tuberculosis (England and Wales) Order 1984 or the Tuberculosis (Wales) Order 2006 as it applies to a notice served under this Order.
(3) The Brucellosis and Tuberculosis (England and Wales) Compensation Order relating to tuberculosis is not amended by article 4 and continues to apply to any bovine animal that is slaughtered for tuberculosis–
(a)
(a) following a notice served before 25 May 2010 under article 8 of the Tuberculosis (Wales) Order 2006;
(b)
(b) as a result of a positive or inconclusive skin test read before 25 May 2010; or
(c)
(c) as a result of any other relevant test for tuberculosis, the clinical sample for which was taken before 25 May 2010.
PART 2
Testing and Movement
Definition of “disease”
6.—(1) For the purposes of the Act, the definition of “disease” in section 88(1) of the Act (meaning of “disease”) is extended so as to include tuberculosis.
(2) Section 32 of the Act (slaughter in other diseases) applies to tuberculosis.
Tests and samples: warrants
7. For the purposes of section 62E(4)(b) of the Act (tests and samples: warrants)—
(a) the inspector may request permission to enter the premises in advance of the day for which permission is requested; and
(b) the condition mentioned in that provision is satisfied if the occupier does not indicate, by a date specified in the request, that the occupier gives permission in respect of that request.
Notification of disease in bovine animals
8.—(1) Any person who—
(a)
(a) has possession or charge of any bovine animal which the person suspects is or may be an affected animal;
(b)
(b) in the course of the person’s practice as a veterinary surgeon examines a bovine animal which the person suspects is or may be an affected animal; or
(c)
(c) in the course of the person’s duties inspects, for any purpose, a 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 bovine animal which the person suspects is or may be an affected animal must, pending conclusion of the veterinary inquiry under article 10 and the service of any notice under that article, immediately–
(a)
(a) detain that animal on the premises where it then is;
(b)
(b) isolate it as far as practicable from other bovine animals; and
(c)
(c) adopt precautions with respect to milk produced by that animal as if a notice under article 10 had already been served.
Notification of disease in carcases
9.—(1) Any person who—
(a)
(a) has possession or charge of any carcase that is affected with or suspected of being affected with tuberculosis;
(b)
(b) in the course of the person’s practice as a veterinary surgeon, examines a carcase that is affected with or suspected of being affected with tuberculosis; or
(c)
(c) in the course of the person’s duties inspects, for any purpose, a carcase that is affected with or suspected of being affected with tuberculosis,
must notify the Welsh Ministers immediately.
(2) A person who has possession or charge of 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.
Veterinary inquiry as to the existence of disease
10.—(1) Where a veterinary inspector reasonably believes 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, 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 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) Where a veterinary inspector has examined a 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 bovine animal requiring the keeper to—
(a)
(a) detain that animal in accordance with the requirements of the notice and keep it isolated from other bovine animals;
(b)
(b) where appropriate, take steps to ensure that the milk produced by the 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)
(c) ensure that no bovine 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.
Veterinary improvement notice
11.—(1) A veterinary inspector may serve a notice (a “veterinary improvement notice”) (“hysbysiad gwella milfeddygol”) on the keeper of a 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 the requirements mentioned in paragraph (2).
(2) The requirements that may be imposed by means of a veterinary improvement notice include—
(a)
(a) erecting fences (including gates and stiles);
(b)
(b) adopting effective methods of excluding groups of animals from specified parts of the premises;
(c)
(c) protecting silage, feed storage and feeding areas from wildlife including birds;
(d)
(d) taking reasonable steps to ensure that people who enter the keeper’s land take reasonable precautions against the spread of disease.
Tuberculosis testing
12.—(1) The Welsh Ministers may serve on the keeper of a bovine animal a notice (a “test notice”) requiring the keeper...
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