The Tuberculosis in Animals (England) Order 2021

Made: 6th September 2021

Coming into force: 1st October 2021

The Secretary of State makes this Order in exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4), 25 and 88(2) of the Animal Health Act 1981[^f00001] and now vested in the Secretary of State[^f00002].

PART 1 — Introductory provisions

Citation, commencement, extent and application

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• (1) This Order may be cited as the Tuberculosis in Animals (England) Order 2021 and comes into force on 1st October 2021.

• (2) This Order extends to England and Wales.

• (3) This Order applies in England only.

• (4) Part 2 of this Order applies in relation to—

• (a) any bovine animal or porcine animal;

• (b) any animal of a caprine or ovine species;

• (c) any camelid; and

• (d) any deer.

• (5) Part 3 of this Order applies only in relation to bovine animals.

Interpretation

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• (1) In this Order—

• “the Act” means the Animal Health Act 1981;

• “approved collecting centre” has the meaning given by article 22(1)(c);

• “approved disinfectant” means a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) (England) Order 2007[^f00003];

• “approved finishing unit” has the meaning given by article 22(1)(b);

• “approved TB slaughter gathering” means a slaughter market or a slaughter collection that is additionally approved for the sale of TB restricted cattle to slaughter;

• “approved veterinary surgeon” means a veterinary surgeon who has been approved by the Secretary of State under article 3;

• “bovine animal” means domestic cattle of the genus Bos, as well as captive bovines of the genera Bubalusand Bison;

• “camelid” means any species of South American camelid including llama, alpaca, vicuna and guanaco;

• “carcase” includes—any part of an animal to which Part 2 applies;any part of any other farmed or pet mammal; andfor the purposes of article 6 only, any part of a wild deer;

• “collecting centre” means premises, other than a market, used for the intermediate reception of animals intended to be moved elsewhere;

• “deer” means a deer of any species that is managed by a keeper (including deer that are managed on enclosed park land), and, for the purposes of article 6 only, includes wild deer;

• “exempt finishing unit” has the meaning given by article 22(1)(a);

• “exempt market” has the meaning given by article 21(1);

• “finishing unit” means premises where bovine animals are fattened in readiness for being sent to slaughter;

• “inconclusive reactor” means an animal which has revealed a non-negative reading when tested for tuberculosis, but is not a reactor;

• “keeper”, in relation to an animal, means any person who owns or is responsible for the animal, whether on a permanent or temporary basis;

• “licensed finishing unit” means a discrete, self-contained holding in the low-risk area—where all the bovine animals are permanently housed on the unit under movement restriction until they can be moved to slaughter either directly or through an approved TB slaughter gathering; andwhich is licensed by a veterinary inspector for the fattening and finishing of bovine animals that do not come from restricted herds;

• “low-risk area” means any of the counties listed in Schedule 1;

• “officially tuberculosis-free status”, in relation to a bovine herd, means the status derived from satisfying the conditions laid down by the Secretary of State to enable cattle to be traded without restrictions on movement relating to tuberculosis;

• “porcine animal” does not include wild boar;

• “post-movement skin test” means a skin test carried out in accordance with article 20;

• “premises” includes any land or building;

• “pre-movement test” means a skin test carried out in accordance with article 19;

• “reactor” means an animal that produces a reaction to a relevant test which is consistent with its being infected with tuberculosis;

• “relevant test” means a skin test or any other diagnostic test for tuberculosis approved by the Secretary of State for use on a particular species of animal;

• “restricted herd” means a herd that is under a movement restriction imposed under this Order or any Order revoked by this Order;

• “show” means an event at which animals are exhibited but not for the purpose of sale;

• “skin test” means a single intradermal comparative tuberculin test for tuberculosis using bovine and avian tuberculin;

• “slaughter collection” means an event at which animals are gathered for the purpose of onward consignment directly to slaughter in Great Britain;

• “slaughter market” means an event at which animals are gathered for the purpose of a sale before onward consignment directly to slaughter in Great Britain;

• “specified area” means any of the counties or civil parishes and non-civil parish areas listed in Schedule 3;

• “suspected animal” means an animal that is suspected of being infected with tuberculosis, and includes a reactor;

• “TB restricted cattle” means cattle that are under a movement restriction imposed under this Order;

• “tuberculosis” means infection with Mycobacterium bovis (M. bovis);

• (2) For the purposes of articles 19 and 20, a skin test is applied on the date bovine and avian tuberculin is injected into a bovine animal.

Approval of veterinary surgeons

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• (1) The Secretary of State may approve a veterinary surgeon where—

• (a) the veterinary surgeon has undertaken any training as required by the Secretary of State; and

• (b) the Secretary of State is of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.

• (2) The Secretary of State may by notice revoke any approval of a veterinary surgeon approved under this article, giving reasons for the revocation.

Extension of definition of “disease”

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• (1) For the purposes of the Act, the definition of “disease” in section 88 of the Act is extended so as to include tuberculosis.

• (2) Section 32 of the Act (power to slaughter animals) applies to that disease.

PART 2 — Measures applicable to animals specified in article 1(4)

Notification of suspected disease

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• (1) Any of the following who suspects that an animal has or may have tuberculosis must give immediate notice of that suspicion to the Secretary of State—

• (a) the keeper of an animal;

• (b) a person who, in the course of practice as a veterinary surgeon, examines or inspects an animal; or

• (c) a person who, in the course of their duty, inspects an animal for any purpose.

• (1A) A person, other than the keeper, who is making a notification under paragraph (1) must also notify the keeper of their suspicion.

• (2) Pending the conclusion of the veterinary inquiry in accordance with article 7, including the service of a notice under that article, a keeper who has either made a notification under paragraph (1) or received a notification under paragraph (1A) must not move the animal to which the notification relates, or allow it to be moved, from the premises on which it is located, and must immediately after that notification—

• (a) isolate it as far as practicable from other animals; and

• (b) adopt precautions with respect to milk produced by that animal as if a notice under article 7(3) had already been served.

Notification of suspected disease in a carcase

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• (1) Any of the following who suspects that a carcase is or may be infected with tuberculosis must give immediate notice of such suspicion to the Secretary of State—

• (a) a person in possession or charge of the carcase;

• (b) a veterinary surgeon who examines the carcase;

• (c) a person who inspects the carcase for any purpose, whilst acting in the course of their duty.

• (2) Following the giving of a notice under paragraph (1), the carcase must be detained on the premises on which it was located at the time when the notification was given by—

• (a) the person who gave the notification; or, where it is not practicable for that person to do so,

• (b) the person in occupation of the premises on which the carcase was located at the time when the notification was given,

unless a veterinary inspector otherwise directs[^f00004].

• (3) A person who suspects that a carcase is or may be infected with tuberculosis must not move it from the location where it was found, examined or inspected, and—

• (a) that person; or, where it is not practicable for that person to do so,

• (b) the person in occupation of the premises on which the carcase was found, examined or inspected,

must isolate it as far as practicable from any animal or other farmed or pet mammal, until it has been examined by a veterinary inspector.

Veterinary inquiry

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• (1) Where a veterinary inspector has reason to believe that there is present on any premises—

• (a) an animal which is, or might have been, exposed to infection by tuberculosis, infected with tuberculosis or a suspected animal (other than a reactor), or

• (b) the carcase of an animal that is infected with or suspected of being infected with tuberculosis or has been exposed to infection by tuberculosis,

the veterinary inspector must, with all practicable speed, carry out a veterinary inquiry as to the existence of tuberculosis.

• (2) For the purpose of such an inquiry a veterinary inspector may—

• (a) examine any animal or carcase;

• (b) carry out such tests and take such samples from any animal or carcase as the veterinary inspector considers necessary for the purpose of diagnosis; and

• (c) paint, stamp, clip, tag or otherwise mark any animal or carcase.

• (3) Where tuberculosis cannot be discounted following the veterinary inquiry, the veterinary inspector must serve a notice requiring the keeper—

• (a) to detain the animal in accordance with the requirements of the notice and keep it isolated from other animals;

• (b) where appropriate, to take steps to ensure that any milk produced by the animal is not mixed with other milk or fed untreated to any mammal, and—

• (i) is discarded; or

• (ii) is treated by being boiled, pasteurised or sterilized;

• (c) thoroughly to cleanse and scald with steam or boiling water any utensil with which untreated milk has been in contact before the utensil is used again; and

• (d) to ensure that no animal is moved onto or off such part of the premises as the notice may specify except under the authority of a licence issued by a veterinary inspector.

• (4) A notice served under paragraph (3) must also specify what use may be made of milk which has been treated by being boiled, pasteurised or sterilized.

Tuberculosis testing

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• (1) The Secretary of State may, by notice served on the keeper of any animal, require the keeper to have that animal tested for tuberculosis with a relevant test by a specified date.

• (2) Where there has been a failure to test an animal in accordance with a notice served under paragraph (1), the Secretary of State may, by notice served on the keeper of that animal, prohibit the movement of animals, or of such animals as are specified in the notice, onto or off the premises or any part of them, except under the authority of a licence issued by a veterinary inspector.

• (3) The keeper of an animal must comply with all reasonable requirements of an inspector or an approved veterinary surgeon with a view to facilitating—

• (a) the examination of that animal by that inspector or approved veterinary surgeon;

• (b) the application to that animal of any relevant test or the reading of any skin test; or

• (c) the valuation of that animal (if appropriate);

and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required by the inspector or approved veterinary surgeon.

• (4) The keeper of an animal must comply with all reasonable requirements of a person certified by the Secretary of State under article 5(3)(a) of the Veterinary Surgery (Exemptions) Order 2015[^f00005] who operates under the direction of an inspector or approved veterinary surgeon.

• (5) Without prejudice to any proceedings for an offence under this Order, ... where there has been a failure to test an animal in accordance with a notice issued under paragraph (1)—

• (a) the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal (including the removal of the animal from the premises on which it is being kept), and

• (b) the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.

• (6) The keeper of a bovine animal is subject to the requirements specified in paragraph (7) where—

• (a) a relevant test has been administered to the animal;

• (b) the result of that test has been read by an inspector or an approved veterinary surgeon and communicated to the keeper; and

• (c) the inspector or the approved veterinary surgeon is satisfied that the test reading reveals the animal to be a reactor, or an inconclusive reactor.

• (7) The requirements are—

• (a) that no bovine animal be moved on or off the premises on which the reactor, or inconclusive reactor, is being kept except under the authority of a licence issued by an inspector;

• (b) to ensure that every reactor, or inconclusive reactor, is isolated from other animals;

• (c) to permit every reactor to be marked by the person who read the relevant test or by an officer of the Secretary of State;

• (d) not to place any milk from a reactor in any bulk milk tank; and

• (e) where the reactor resides on premises with a milking herd, to inform every buyer who buys milk from that herd of the loss of officially tuberculosis-free status.

• (8) An inspector may at any time by notice amend or disapply the requirement referred to in paragraph (7)(a) or (b).

• (9) The Secretary of State may treat a bovine animal as a suspected animal where the keeper has failed to have that animal tested as required by a notice served under paragraph (1).

• (10) The Secretary of State may treat a bovine animal (other than a bison or buffalo) as 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.

• (11) The inspector or approved veterinary surgeon reading the result of a relevant test which reveals a reactor, or inconclusive reactor, must report such test result to the Secretary of State as soon as reasonably practicable.

Tuberculosis test records

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• (1) Where a skin test has been applied to an animal, the Secretary of State must, as soon as practicable after the results of the test have been read by an inspector or approved veterinary surgeon, give the keeper of that animal a written record of the results.

• (2) Paragraph (1) does not apply in relation to an animal the movement of which is, or remains, prohibited under this Order following the test.

• (3) The keeper of any animal to which paragraph (1) relates must—

• (a) retain the record of the results of the test for a period of three years and 60 days following the date on which bovine and avian tuberculin is injected; and

• (b) produce such record when requested to do so by an inspector.

Prohibitions

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• (1) A person must not vaccinate an animal against tuberculosis without the written consent of the Secretary of State.

• (2) A person must not treat an animal for tuberculosis without the written consent of the Secretary of State.

• (3) A person must not perform a test for tuberculosis on an animal except with the written consent of the Secretary of State, and a person to whom any such consent is given must, as soon as that person knows the result of the test, report that result immediately to the Secretary of State.

• (4) A person must not interfere with or obstruct the application or the reading of a relevant test.

• (5) Where a relevant test has been applied to an animal, a person must not, except under the authority of a licence issued by a veterinary inspector, move that animal from the premises at which the test was administered until a negative result has been read by an inspector or approved veterinary surgeon and the keeper has been informed of that result.

Notification of intended slaughter of animals

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• (1) Where the Secretary of State exercises powers conferred by section 32(1) of the Act to slaughter an animal infected with tuberculosis or a suspected animal, the Secretary of State may—

• (a) by notice require the keeper to detain the animal prior to removal and slaughter;

• (b) arrange for the disposal of the animal’s carcase.

• (2) Where a notice has been served under paragraph (1), a person must not move the animal, or cause or permit it to be moved, off the part of the premises on which it is required by the notice to be detained, other than to remove it to slaughter, except under the authority of a licence issued by an inspector.

Precautions against the spread of infection

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• (1) Where a veterinary inspector is satisfied that any animal kept on any premises is infected with tuberculosis or is a suspected animal, or where tuberculosis has been identified on any premises, the veterinary inspector may by notice require the keeper of that animal or the person in occupation of the premises (as appropriate)—