Tuberculosis (England and Wales) Order 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1943 |
| Year | 1984 |
1984 No. 1943
ANIMALS
ANIMAL HEALTH
The Tuberculosis (England and Wales) Order 19846thDecember 1984
21stDecember 1984
12thJanuary 1985
The Minister of Agriculture, Fisheries and Food in relation to England, and the Secretary of State in relation to Wales, in exercise of the powers conferred by sections 1, 7(1), 8(1), 10(1) and (2), 15(4), 25, 32(2), 83(2), 87(2) and 88(2) 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. This Order may be cited as the Tuberculosis (England and Wales) Order 1984 and shall come into operation on 12th January 1985.
Interpretation
2.—(1) In this Order, unless the context otherwise requires:—
"the Act" means the Animal Health Act 1981;
"affected animal" means a cow which is affected with 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, and includes a reactor, and "suspected animal" shall be construed accordingly;
"appropriate Minister" in relation to England means the Minister, and in relation to Wales means the Secretary of State;
"appropriate officer" means a veterinary inspector or in relation to England, another officer of the Ministry, or in relation to Wales, an officer of the Secretary of State;
"approved disinfectant" means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order of 1978(b) as being approved for the time being for use against tuberculosis;
"bovine animal" means a bull, cow, steer, heifer or calf;
(a) 1981 c. 22.
(b) S.I. 1978/32; relevant amending instruments are S.I. 1984/55, 1338.
"carcase" means the carcase of a bovine animal, and includes part of a carcase and the flesh, bones, hide, skin, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof;
"cow" includes a heifer that has calved;
"the Divisional Veterinary Officer" means the veterinary inspector appointed by the Minister to receive information about animals or carcases affected or suspected of being affected with specified diseases, for the area in which the animal or carcase is;
"milk" includes cream and separated or skimmed milk;
"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, slaughterhouse lair or place of exhibition;
"reactor" means a bovine animal 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;
"slaughterhouse" means a slaughterhouse or knacker's yard as defined in section 34 of the Slaughterhouses Act 1974(a);
"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) References in this Order to notices served in Form A or Form B shall be construed as references to notices served in the forms respectively so headed in Schedule 1 to this Order, or in forms substantially to the like effect.
Extension of definition of "disease" and power to slaughter on account of tuberculosis
3. For the purposes of the Act, the definition of "disease" in section 88(1) of the Act is hereby extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) shall apply to that disease.
Application of the Order
4. The provisions of this Order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977(b) and shall apply in relation to imported animals only—
(a) from the time specified in the licence issued in respect of those animals under article 11(5) of that Order; or
(a) 1974 c. 3.
(b) S.I. 1977/944.
(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 bovine animals
5.—(1) A person who has in his possession or under his charge on any premises an affected animal (other than a reactor) or a suspected animal and a veterinary surgeon who, in the course of his practice, examines any such animal shall, with all practicable speed, give notice of the fact to a constable of the police force for the area in which the animal is or to an inspector of the local authority or to the Divisional Veterinary Officer.
(2) Where notice under paragraph (1) above is given to a constable or to an inspector of the local authority, he shall immediately transmit the information contained therein by the most expeditious means to the Divisional Veterinary Officer.
(3) A person who has in his possession or under his charge an affected or suspected animal as is described in paragraph (1) above shall forthwith detain it on the premises where it then is and isolate it as far as practicable from other bovine animals, and shall adopt precautions with respect to milk produced by the affected or suspected animal as if a notice in Form A had already been served upon him under article 7 below in respect of that animal.
Notification of disease in carcases
6.—(1) A person who has in his possession or under his charge on any premises a carcase which is affected with or suspected of being affected with tuberculosis, and—
(a) a veterinary surgeon who, in the course of his practice, examines any such carcase, and
(b) a person who in the course of his duties under the Meat Inspection Regulations 1963(a), or whilst inspecting meat for any other purpose, inspects 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 to which paragraph (1) above applies shall detain it, or so much of it as is affected with or suspected of being affected with...
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