Tuberculosis (Deer) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/878 |
| Year | 1989 |
1989No. 878
ANIMALS
ANIMAL HEALTH
The Tuberculosis (Deer) Order 1989
22ndMay1989
31stSeptember1989
Remainder
1stJune1989
The Minister of Agriculture, Fisheries and Food, in relation to England, the Secretary of State for Scotland in relation to Scotland, and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by section 1, 7(1), 8(1), 15(4), 25, 72 and 86(1) of the Animal Health Act 1981 ( a) and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement
1.-(1) This Order may be cited as the Tuberculosis (Deer) Order 1989 and, except for article 13, shall come into force on 1st June 1989.
(2) Article 13 of this Order shall come into force on 1st September 1989.
Interpretation
2.-(1) In this Order, unless the context otherwise requires-
"the Act" means the Animal Health Act 1981;
"affected animal" means a deer 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 or is a reactor, and "suspected animal" shall be construed accordingly;
"appropriate Minister" means, in relation to England, the Minister, and in relation to Scotland or Wales, the Secretary of State;
"appropriate officer" means a veterinary inspector or, in relation to England another officer of the Ministry or, in relation to Scotland or Wales, an officer of the Secretary of State;
"approved disinfectant" means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978 ( b) as being approved for the time being for use against tuberculosis;
(a) 1981 c.22; section 86(1) contains a definition of "the appropriate Minister" relevant to the exercise of the statutory powers under which this Order is made. The definition of "disease" in section 88(1) of the Act was extended, in relation to England and Wales, by article 3 of S.I. 1984/1943 so as to include tuberculosis and, in relation to Scotland, by a corresponding provision of S.I. 1984/2063.
(b) S.I. 1978/32; relevant amending instrument is S.I. 1989/144.
"carcase" means the carcase of a deer, and includes part of a carcase and the flesh, bones, hide, skin, hooves, offal or other part of a deer, separately or otherwise, or any portion thereof;
"cattle" means bulls, cows, steers, heifers and calves;
"deer" means deer of any species;
"the Divisional Veterinary Officer" means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
"the Minister" and "the Ministry" mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
"premises" includes land with or without buildings but does not include any part or parts of any premises used for the temporary detention of animals as a market, sale-yard, fairground, lair or place of exhibition;
"reactor" means a deer which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the appropriate Minister or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the appropriate Minister;
"veterinary inspector" means a veterinary inspector appointed by the Minister;
"veterinary surgeon" means a person registered in the register of veterinary surgeons or the supplementary veterinary register.
(2) Any reference in this Order to a lettered form is a reference to a form bearing that letter in the Schedule to this Order.
Application of the Order
3. The provisions of this Order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977 ( a) and shall apply in relation to imported animals only-
(a) from the time specified in the licence issued under article 11(5) of that Order;or
(b) where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that Order, or, as the case may be, have been rested in an approved reception centre for the period so required.Notification of disease in deer
4.-(1) A person who has in his possession or under his charge an affected or a suspected animal and a veterinary surgeon who in the course of his duties, examines any such animal shall, with all practicable speed, give notice of the fact to the Divisional Veterinary Officer.
(2) A person who has in his possession or under his charge an affected or a suspected animal shall forthwith detain it on the premises where it then is and isolate it as far as practicable from other animals.
Notification of disease in carcases
5.-(1) A person who has in his possession or under his charge a carcase which is affected with or suspected of being affected with tuberculosis, and any veterinary surgeon or other person who in the course of his duties examines any such carcase shall, with all practicable speed, give notice of the fact to the Divisional Veterinary Officer.
(2) A person who has in his possession or under his charge a carcase which is affected or suspected of being affected with tuberculosis shall detain it, or so much of it as is affected with or suspected of being affected with tuberculosis, on the premises where it then is until it has been examined by a...
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