Tuberculosis (Attested Herds) Scheme, 1950
| Jurisdiction | UK Non-devolved |
1950 No. 1126
The Tuberculosis (Attested Herds) Scheme, 195010thJuly 1950
11thJuly 1950
1stOctober 1950
In pursuance of Section 20 of the Agriculture Act, 1937(a), as amended by Section 4 of the Agriculture (Miscellaneous War Provisions) (No. 2) Act, 1940(b) and Section 1 of the Animals Act, 1948(c), the Minister of Agriculture and Fisheries, with the approval of the Treasury, hereby makes the following scheme:—
Citation and Interpretation
1. This Scheme (which applies to Great Britain) may be cited as the Tuberculosis (Attested Herds) Scheme, 1950, and shall come into operation on the 1st day of October, 1950.
2.—(1) In this Scheme, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:—
"animal" means bovine animal;
"approved disinfectant" means a five per cent. solution of standard phenol or a disinfectant otherwise approved for the time being by the Minister for the purposes of the Diseases of Animals (Disinfection) Order of 1936(d);
"approved premises" means, in relation to an Attested Herd, the premises registered in the Register of Attested Herds as the premises on which that herd is kept and, in relation to a Supervised Herd, the premises on which that herd is kept;
"Attested Herd" means a herd of cattle which is registered in the Register of Attested Herds;
"dealer" means a person habitually engaged in the trade or business of selling cattle (other than cattle bred or reared by him), but does not include a person whose business is to sell for further feeding or for slaughter cattle which he has purchased and fed for that purpose;
"licensed" means licensed under the Milk (Special Designation) (Raw Milk) Regulations, 1949(e), or under the Milk (Special Designations) (Scotland) Orders, 1936 to 1949(f), or under any modification of those Regulations or Orders for the time being in force;
"Minister" and "Ministry" mean respectively the Minister and the Ministry of Agriculture and Fisheries;
"official test" means a test with tuberculin carried out by a veterinary inspector of the Ministry;
(a) 1 Edw. 8. & 1 Geo. 6. c. 70.
(b) 3 & 4 Geo. 6. c. 50.
(d) S.R. & O. 1938 (No. 191) I, p. 303.
(e) S.I. 1949 (No. 1590) I, p. 1733.
(f) S.R. & O. 1936 (No. 687) I, p. 1832; 1937 (No. 212) p. 1722; 1938 (Nos. 183 and 1158) II, pp. 2173 and 2177; 1941 (No. 1336) I, p. 624; 1944 (No. 1258) I, p. 464; S.I. 1949 (No. 1856) I, p. 2564.
"Register of Attested Herds" means the Register of Attested Herds kept by the Minister;
"Rules" means the Rules contained in the Schedule to this Scheme;
"Supervised Herd" means a herd of cattle which is for the time being subject to the Rules so far as they are applicable to Supervised Herds;
"Tuberculin Tested milk" includes Certified milk;
"veterinary surgeon" means a person registered in the Register of Veterinary Surgeons.
(2) The Interpretation Act, 1889(a), applies to the interpretation of this Scheme as it applies to the interpretation of an Act of Parliament.
3.—(1) The Tuberculosis (Attested Herds) Scheme and the Rules appended thereto made by the Minister on the 16th day of June, 1938, as amended (hereinafter referred to as the Scheme of 1938), are hereby revoked without prejudice to anything duly done thereunder.
(2) Applications which have been duly made by owners of herds of cattle under the Scheme of 1938 and which, on the date on which this Scheme comes into operation, have not been granted or refused shall have effect as if they had been duly made under this Scheme and herds which, immediately before that date, were Attested Herds or Supervised Herds for the purposes of the Scheme of 1938 shall be subject to the provisions of this Scheme and the Rules relating to Attested Herds and Supervised Herds respectively.
Register of Attested Herds
4. The Minister may keep a register to be known as the Register of Attested Herds and may register therein every herd of cattle—
(a) which immediately before the coming into operation of this Scheme was registered in the Register of Attested Herds kept under the Scheme of 1938, or
(b) which qualifies for registration in accordance with the provisions of Article 5 or Article 6 of this Scheme,
and the premises on which such herd is kept.
Qualification for registration in the Register of Attested Herds
5.—(1) Subject as hereinafter provided, the owner of a herd of cattle (not being a herd kept in an area which is for the time being an eradication area or attested area for the purposes of Section 23 of the Agriculture Act, 1937(b)) may apply to the Minister for an official test with a view to the registration of the herd in the Register of Attested Herds and on so applying he shall be required to—
(a) satisfy the Minister that the management of the herd and the conditions in which it is kept are suitable for the observance of the Rules;
(b) produce the following evidence of the freedom of the herd from tuberculosis, namely, certificates signed by a veterinary surgeon showing that he has applied a tuberculin test to the herd and that on the last two occasions on which the test was applied no reactor was found; provided that there was an interval of not less than 60 days and not more than 12 months between the two tests and that the second of the two tests was carried out not more than 12 months before the date of application to the Minister for an official test;
(c) furnish a declaration that all cattle on the premises on which the herd was kept at the time of the two tests were included in the tests; and
(a) 52 & 53 Vict. c. 63.
(b) 1 Edw. 8. & 1 Geo. 6. c. 70.
(d) give a written undertaking that he will upon the herd being declared to be a Supervised Herd observe the Rules so far as they are applicable to Supervised Herds, and that pending a decision on his application no cattle will be moved on to the premises on which the herd is kept without the Minister's sanction.
(2) If these requirements are met to the satisfaction of the Minister, he may declare the herd to be a Supervised Herd with effect from a date to be determined by the Minister being a date not earlier than the date of application for an official test and the herd shall from the date of such declaration be subject to the Rules so far as they are applicable to Supervised Herds.
(3) An official test shall not be applied earlier than 60 days from the date of the second of the two tests referred to in sub-paragraph (b) of paragraph (1) of this Article and when applied to a herd shall be...
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