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The Tuberculosis (Wales) (Amendment) Order 2016

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6.  In article 12 (tuberculosis testing)—

(a)in paragraph (5)—

(i)after “this Order,” insert “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(1),”; and

(ii)after “test notice,” insert “or failed to comply with a reasonable requirement of an inspector or an approved veterinary surgeon in paragraph (2),”; and

(b)for paragraphs (6) and (7) substitute—

(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.

(1)

OJ L No 347, 20.12.2013, p. 549, as last amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council (OJ No 347, 20.12.2013, p. 865).

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