The Tuberculosis (Wales) Order 2010

Made: 30 April 2010

Laid before the National Assembly for Wales: 4 May 2010

Coming into force: 25 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 1981[^f00001].

PART 1 — General

Title, commencement and application

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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

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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 2007[^f00002];

• “approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon who is approved in accordance with article 2A;

• “bovine animal” (“anifail buchol”) means domestic cattle of the genus Bos, buffalo or bison;

• “collection centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter)”;

• “deposited map” (“map a adneuwyd”) means the map entitled “England and Wales Regional TB areas” signed on behalf of the Welsh Ministers and dated 15 December 2023;

• “high-risk area in England” (“ardal risg uchel yn Lloegr”) means all the land shaded and identified as “High Risk Area” on the deposited map;

• “high TB area” (“ardal TB uchel”) means all the land shaded and identified as “High TB” on the deposited map;

• “intermediate TB area” (“ardal TB ganolradd”) means all the land shaded and identified as “Intermediate TB” on the deposited map;

• “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;

• “licensed finishing unit” (“uned besgi drwyddedig”) means a discrete self-contained holding—where all the bovine animals are permanently housed on the unit until they can be moved to slaughter; andwhich is licensed by an veterinary inspector for the fattening and finishing of bovine animals that do not come from restricted herds;

• “low TB area” (“ardal TB isel”) means all the land shaded and identified as “Low TB” on the deposited map;

• “officially tuberculosis-free status” (“statws rhydd rhag twbercwlosis swyddogol”) means the status derived from satisfying the conditions laid down by the Welsh Ministers to enable the trade of cattle without restrictions on movement relating to tuberculosis;

• “post-movement test” (“prawf ar ôl symud”) means a skin test carried out in accordance with article 13A;

• “premises” (“mangre”) includes—land or buildings; andany other place including, in particular, a vehicle, a vessel, an aircraft, or a tent or other moveable structure;

• “pre-movement test” (“prawf cyn symud”) means a skin test carried out in accordance with article 13;

• “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; orany other diagnostic test for tuberculosis approved by the Welsh Ministers;

• “restricted herd” (“buches dan gyfyngiadau”) means a herd that is under a movement restriction imposed under this Order;

• “salvage value” (“gwerth achub”) means the price paid to the Welsh Ministers for the carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis;

• “skin test” (“prawf croen”) means a single intradermal comparative cervical tuberculin test for tuberculosis using bovine and avian tuberculin;

• “suspected animal” (“anifail a amheuir”) means a bovine animal which is suspected of being affected with tuberculosis and includes a reactor; and

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

• ...

Revocation

3

The Tuberculosis (Wales) Order 2006[^f00003] is revoked.

Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978

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• (1) The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978[^f00004] is amended as follows.

• (2) In article 2(1) (interpretation)—

• (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) 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) in the title, omit “or tuberculosis”;

• (b) in paragraph (1) , omit “or tuberculosis”; and

• (c) omit paragraph (2A).

• (4) In article 4(1) (compensation for “control animals”) omit “or tuberculosis”.

Savings and transition

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• (1) Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 1984[^f00005] or 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) following a notice served before 25 May 2010 under article 8 of the Tuberculosis (Wales) Order 2006;

• (b) as a result of a positive or inconclusive skin test read before 25 May 2010; or

• (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”

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• (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

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• (1) Any person who—

• (a) has possession or charge of any bovine animal which the person suspects is or may be an affected animal;

• (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) 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.

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

• (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) detain that animal on the premises where it then is;

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

• (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

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• (1) Any person who—

• (a) has possession or charge of any carcase that is affected with or suspected of being affected with tuberculosis;

• (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) 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 and must isolate it as far as practicable from bovine animals or other farmed or pet mammals until it has been examined by a veterinary inspector.

Veterinary inquiry as to the existence of disease

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• (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 and paint, stamp, clip, tag or otherwise mark any bovine animal or carcase of a bovine animal.

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

• (b) where appropriate, take steps to ensure that the milk produced by the animal is not mixed with other milk and is not fed untreated to calves or to other mammals and is boiled or pasteurised or otherwise sterilised if not otherwise discarded, 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) 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

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• (1) A veterinary inspector may serve a notice (a “veterinary requirements notice”) (“hysbysiad gofynion 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 requirements notice include—

• (a) erecting fences (including gates and stiles);

• (b) adopting effective methods of excluding groups of animals from specified parts of the premises;

• (c) protecting silage, feed storage and feeding areas from wildlife including birds;

• (d) taking reasonable steps to ensure that people who enter the keeper’s land take reasonable precautions against the spread of disease;

• (e) any other requirement that a veterinary inspector reasonably believes necessary for the purpose of preventing the spread of disease.

• (3) A veterinary inspector may specify that the requirements that may be imposed by means of a veterinary requirements notice be imposed on any bovine animal as specified in the notice, whether or not the herd that includes that animal is a restricted herd.

• (4) Any requirement imposed by a veterinary requirements notice may be revoked or amended by a veterinary inspector serving—

• (a) a veterinary requirements notice on the keeper of a bovine animal specifying those requirements that are revoked or amended; or

• (b) a notice (a “veterinary requirements revocation notice”) (“hysbysiad dirymu gofynion milfeddygol”) revoking a veterinary requirements notice before the date specified in that veterinary requirements notice.

Tuberculosis testing

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• (1) The Welsh Ministers may serve on the keeper of a bovine animal a notice (a “test notice”) requiring the keeper to have any such animal tested for tuberculosis with a relevant test before a date specified in the notice.

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

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

• (b) the application to it, or the reading, of any relevant test;

• (c) the valuation of it in a case where the Welsh Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis; or

• (d) the removal of that animal for slaughter,

• (e) the on-farm slaughter and subsequent removal of that animal,

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

• (3) The requirements on the keeper in paragraph (3A) apply where—

• (a) a relevant test has been applied to a bovine animal;

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

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

• (3A) The requirements are—

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

• (b) to ensure that every reactor and 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 Welsh Ministers;

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

• (e) where the reactor resides on premises with a milking herd, to inform every commercial buyer which buys milk from that herd that it is a restricted herd.

• (3B) An inspector may by notice amend or disapply the requirement referred to in paragraph (3A)(a) or (b) at any time.

• (4) Without prejudice to article 16, where the keeper has failed to have an animal tested as required by a test notice, the Welsh Ministers may, in relation to the premises where the animal is kept, by notice served on the keeper, prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off the premises , or any part of those premises, as are specified in the notice, subject to movement that is allowed under the authority of a licence issued by an inspector.

• (5) Without prejudice to any proceedings for an offence under section 73 of the Act by virtue of this Order, or any administrative penalty imposed on EU direct payment entitlements under Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy, where the keeper has failed to have an animal tested as required by a test notice, or failed to comply with a reasonable requirement of an inspector or an approved veterinary surgeon in paragraph (2), the Welsh Ministers may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing, valuation and removal of that animal and the Welsh Ministers may recover the amount of any expenses that are reasonably incurred by them from the keeper.

• (6) The Welsh Ministers may consider a bovine animal to be a suspected animal where the keeper has failed to have the animal tested as required by a notice served under paragraph (1).

• (7) The Welsh Ministers may consider a bovine animal (other than bison or buffalo) to be 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.

• (8) 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 as soon as reasonably practicable to the Welsh Ministers.

• (9) In this article—

• “inconclusive reactor” (“adweithydd amhendant”) means a bovine animal that reveals a non-negative reading when tested for tuberculosis, but is not regarded as a reactor; and

• ...

Pre-Movement Testing

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• (1) No person may move a bovine animal from any premises unless—

• (a) a skin test has been applied to it no more than 60 days before the date of movement; and