2010 No. 1379 (W.122)
The Tuberculosis (Wales) Order 2010
Made
Laid before the National Assembly for Wales
Coming into force
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 19811.
PART 1General
Title, commencement and applicationI11
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.
InterpretationI22
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 20072;
F4“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;
“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;
“premises” (“mangre”) includes—
- a
land or buildings; and
- b
any other place including, in particular, a vehicle, a vessel, an aircraft, or a tent or other moveable structure;
- a
F18“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;
F5“relevant test” (“prawf perthnasol”) means—
- a
a skin test; or
- b
any other diagnostic test for tuberculosis approved by the Welsh Ministers;
- a
F18“restricted herd” (“buches dan gyfyngiadau”) means a herd that is under a movement restriction imposed under this Order;
F18“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 F19using bovine and avian tuberculin;
“suspected animal” (“anifail a amheuir”) means a bovine animal which is suspected of being affected with tuberculosis and includes F20a reactor; and
“tuberculosis” (“twbercwlosis”) means infection with Mycobacterium bovis (M.bovis).
F15“tuberculosis-free status” (“statws rhydd rhag twbercwlosis”) means a bovine herd that satisfies the conditions laid down in Annex A.I, paragraphs 1 and 2 of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine.
F3Approval of veterinary surgeons2A
1
The Welsh Ministers may approve a veterinary surgeon where—
a
the veterinary surgeon has undertaken any training as required by the Welsh Ministers, and
b
the Welsh Ministers are of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.
2
The Welsh Ministers may by notice revoke any such approval, giving reasons for the revocation.
RevocationI33
The Tuberculosis (Wales) Order 20063 is revoked.
Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978I44
1
The Brucellosis and Tuberculosis (England and Wales) Compensation Order 19784 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 transitionI55
1
Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 19845 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 2Testing and Movement
Definition of “disease”I66
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: warrantsI77
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 animalsI88
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.
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 carcasesI99
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 F21and 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 diseaseI1010
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 F22and 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 F23and is not fed untreated to calves or to other mammals and is boiled or otherwise sterilised 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 F24requirements noticeI1111
1
A veterinary inspector may serve a notice F26(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 F27requirements 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 diseaseF29;
F28e
any other requirement that a veterinary inspector reasonably believes necessary for the purpose of preventing the spread of disease.
F253
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 has tuberculosis-free status.
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.
F50Biosecurity improvement notice11A
1
A keeper of a bovine animal must take such steps as are reasonable in all the circumstances to ensure that biosecurity measures in relation to those premises where the animal is kept are in place to the extent required by good practice.
2
A veterinary inspector may serve a notice (a “biosecurity improvement notice”) (“hysbysiad gwella bioddiogelwch”) on the keeper of a bovine animal which—
a
states that the veterinary inspector is of the opinion that biosecurity measures in relation to those premises where the animal is kept are failing to comply with good practice;
b
specifies the respects in which the veterinary inspector considers the keeper is failing to comply with good practice;
c
specifies the steps the veterinary inspector considers need to be taken in order to comply with good practice; and
d
specifies a period for the taking of those steps.
3
The Welsh Ministers may issue guidance on good practice in biosecurity to assist keepers of bovine animals.
Tuberculosis testingI1212
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 F1before a date specified in the notice.
2
The keeper of any bovine animal must comply with all reasonable requirements of an inspector F8or an approved veterinary surgeon with a view to facilitating—
a
the identification and examination of that animal by that inspector F9or 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,
and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required.
F63
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 of the loss of tuberculosis-free status of the dairy 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, F30or 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, F31or 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.
F326
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.
F78
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
F16...
Pre-Movement TestingI1313
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
b
the results of the test have been read by an inspector F11or an approved veterinary surgeon and are negative.
F101A
Where a reading of the test in paragraph (1)(b) does not reveal a negative result for tuberculosis the requirements in article 12(3A) apply.
2
Paragraph (1) does not apply to—
a
bovine animals that are less than 6 weeks old at the date of the movement;
b
the movement of a bovine animal to a place for veterinary treatment provided that it is returned direct to its premises of origin after the treatment, or is killed or goes direct to slaughter;
c
any movements specified in a direction issued by the Welsh Ministers; and
d
any movement that is approved by the Welsh Ministers.
3
For the purposes of paragraph (1)(a), the 60 day period begins on the day after tuberculin is injected into the animal.
F334
The pre-movement test must be arranged with an approved veterinary surgeon at the expense of the keeper of the bovine animal unless a test for tuberculosis has been instructed by the Welsh Ministers in accordance with article 12(1) to take place within the period mentioned in paragraph (1)(a).
Tuberculosis test recordsI1414
1
Where a skin test has been applied to a bovine animal, the Welsh Ministers must, as soon as practicable after the results of the test have been read by an inspector F12or an approved veterinary surgeon, give the keeper of that animal a written record of the results.
2
Paragraph (1) does not apply to animals in respect of which movement is, or remains, prohibited under this Order following the test.
3
The keeper must—
a
retain the record of the results of the test for a period of 3 years and 60 days beginning with the day following the date of injection of tuberculin; and
b
produce such record when requested to do so by an inspector.
F174
Where a bovine herd loses or regains its tuberculosis-free status the Welsh Ministers may publish information regarding that herd in any form that the Welsh Ministers see fit for the purpose of helping other persons to protect against the further spread of tuberculosis.
F51Exempt finishing units and approved finishing units14A
1
The Welsh Ministers may approve—
a
a finishing unit to take bovine animals that have been moved without a pre-movement test in accordance with article 13 (“an exempt finishing unit”) (“uned besgi eithriedig”); or
b
a finishing unit to take bovine animals that come from a restricted herd (“an approved finishing unit”) (“uned besgi gymeradwy”).
2
The approval referred to in paragraph (1) must specify—
a
the operator;
b
the premises or the part of the premises on which the exempt finishing unit or approved finishing unit may be situated; and
c
the conditions with which the operator of that finishing unit must comply.
3
The operator of an exempt finishing unit or an approved finishing unit must separate animals in or entering the finishing unit from other bovine animals present on other parts of the premises where that finishing unit is located.
4
A person must not purport to operate an exempt finishing unit or an approved finishing unit unless it is approved under paragraph (1).
5
A person must not move a bovine animal from an exempt finishing unit or an approved finishing unit except—
a
direct to slaughter; or
b
under the authority of a licence issued by a veterinary inspector.
6
A person must not move a bovine animal that is not separated from animals in or entering an exempt finishing unit or an approved finishing unit as required by paragraph (3) except—
a
direct to slaughter; or
b
under the authority of a licence issued by a veterinary inspector.
7
A finishing unit in England or Scotland that is approved by the Secretary of State or the Scottish Ministers respectively for the same purpose as a finishing unit may be approved under paragraph (1)(a) is also an exempt finishing unit for the purposes of this Order.
8
A finishing unit in England or Scotland that is approved by the Secretary of State or the Scottish Ministers respectively for the same purpose as a finishing unit may be approved under paragraph (1)(b) is also an approved finishing unit for the purposes of this Order.
ProhibitionsI1515
1
No person may vaccinate a bovine animal against tuberculosis without the written consent of the Welsh Ministers.
2
No person may treat a bovine animal for tuberculosis without the written consent of the Welsh Ministers.
3
No person may perform a test for tuberculosis on a bovine animal F35or on any sample taken from any such animal except with the written consent of the Welsh Ministers and a person to whom any such consent is given must report the results immediately to the Welsh Ministers.
4
No person may interfere with or obstruct the application or the reading of a relevant test.
F345
No person may interfere with or obstruct an epidemiological investigation.
Isolation and prohibition on movement of animalsI1616
An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals F36...—
a
require such bovine animals as are specified in the notice to be isolated from other animals to the extent specified in the notice; and
b
prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, F37... except under the authority of a licence issued by an inspector.
Notification of intended slaughter of animalsI1717
1
Where the Welsh Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, an inspector must serve a notice on the keeper of the animal informing the keeper of the intended slaughter and requiring the keeper to detain the animal pending such slaughter, or its removal for such slaughter, on such part of the premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.
2
Where a notice has been served under paragraph (1), no person may move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.
Precautions against spread of infectionI1818
1
Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a suspected animal, F39or where tuberculosis has been identified on any premises, the veterinary inspector may, by notice served on the keeper of any such animal, require the keeper F40or the person in occupation of the premises (as appropriate)–
a
to treat and store manure or slurry from any place which has been used by any such animal in accordance with the requirements of the notice;
b
not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;
c
not to remove manure, slurry or other animal waste from the premises except under the authority of a licence issued by an inspector;
d
to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;
e
to arrange for the isolation of any bovine animals which may be specified in the notice on any specified part or parts of the premises;
f
to ensure that any part or parts of the premises specified in the notice are not used by any bovine animal on the premises, or by such other animal or animals as may be specified;
g
to cleanse and disinfect with an approved disinfectant such part or parts of the premises, within such time and in such manner, as may be specified in the notice;
h
to cleanse and disinfect with an approved disinfectant all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice; F41...
i
to take such other action as the veterinary inspector considers appropriateF42; and
F43j
to adopt precautions with respect to the risk of spreading tuberculosis through—
i
the feeding of unpasteurised milk from a restricted herd to any calves or other mammal;
ii
keeping milk from herds that are subject to restrictions under this Order separate from milk from cows not so restricted.
2
Where the keeper fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable from the keeper.
F383
Where the keeper fails to comply with the requirements of the notice, the Welsh Ministers may delay the lifting of movement restrictions (imposed under article 16) until the notice requirements have been completed to the satisfaction of a veterinary inspector.
Suspected animals in markets, shows etcI1919
1
Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held is an affected animal, a suspected animal or has been exposed to infection by tuberculosis, the veterinary inspector may—
a
by notice served on the keeper of the animal require that animal to be removed from those premises and taken—
i
to a slaughterhouse for immediate slaughter; or
ii
back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
iii
to such other premises as may be approved by the veterinary inspector for the purpose; and
b
by notice served on the person in charge of the premises—
i
require that person to ensure that any part or parts of the premises specified in the notice are not used by any other bovine animal for such period as may be specified in the notice; and
ii
require that person within such time and in such manner as may be specified in the notice—
aa
to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice; and
bb
to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with such animal.
2
Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) the keeper must immediately put it into isolation and must not move it from the premises again except under the authority of a licence issued by an inspector.
3
If any person on whom a notice is served under paragraph (1)(b) fails to comply with the requirements of the notice, the Welsh Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them is recoverable by them from the person in default.
Control of infection from other animalsI2020
1
Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, the veterinary inspector may by notice served on the occupier of such premises—
a
require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and
b
prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector.
2
In paragraph (1), “animal” (“anifail”) means any kind of F44farmed mammal except a bovine animal, deer, camelid or goat.
Marking of bovine animalsI2121
F131
If directed to so by an inspector or an approved veterinary surgeon, the keeper must mark any bovine animal in the manner required by the inspector or the approved veterinary surgeon.
2
3
No person may change or interfere with any mark that has been applied under this article.
Isolation of M. bovis in a laboratoryI2222
1
Where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any mammal (except man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately notify the F2Welsh Ministers.
2
But there is no such duty to notify where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
General provisions as to notices, licences and approvalsI2323
1
Any notice, licence or approval issued or granted under this Order must be in writing.
2
Any licence issued under this Order may be general or specific and may be made subject to conditions.
3
Any F47notice or approval granted under this Order may be made subject to conditions.
4
A notice, licence or approval issued or granted under this Order may be amended, suspended or revoked in writing at any time.
5
Any person to whom any requirement or condition in a notice, licence or approval issued or granted under this Order applies must comply with the requirement or condition.
Production of licencesI2424
Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order, the person in charge of the animal being moved must, on demand made under this Order by an inspector, give the person’s name and address and must produce the licence and allow a copy of it to be taken.
EnforcementI2525
1
This Order must be enforced by the local authority.
2
The Welsh Ministers may direct, in relation to any particular case or class of case, that they will enforce this Order instead of the local authority.
PART 3Compensation
Compensation for bovine animals slaughtered for tuberculosisI2626
1
Where—
a
the Welsh Ministers cause a bovine animal to be slaughtered under the powers conferred by section 32(1) of the Act (slaughter in other diseases) in its application to tuberculosis; and
b
that animal is identified by means of eartags and a cattle passport in accordance with the requirements of the Cattle Identification (Wales) Regulations 20076,
the compensation payable under section 32(3) in respect of that animal is to be its value as calculated in accordance with the Schedule.
2
Regulation 3 of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 20067 (provision of appeals procedure) applies to the determination of the appropriate figure as if it was a relevant determination.
3
In paragraph (2) the “appropriate figure” (“ffigur priodol”) is the figure provided in respect of F49“M” by one of paragraphs 3 to 9 of the Schedule.
F484
Where the Welsh Ministers consider it reasonable—
a
payment of compensation may be delayed, in whole or part, to the extent necessary for determining any question as to the amount of compensation payable; and
b
any amounts owed to the Welsh Ministers by the keeper of the bovine animal slaughtered may be offset against the compensation payable.
F52SCHEDULECalculation of the value of a bovine animal slaughtered for tuberculosis
Calculation1
1
The value of a bovine animal slaughtered for tuberculosis is to be calculated using the following formula—
If then , otherwise
Where—
SV is the salvage value of the animal;
M is the figure provided by paragraphs 3 to 9;
MV is the market value of the animal established in accordance with paragraph 2; and
C is the value of the animal for the purposes of article 26 and cannot be more than £15,000 and cannot be less than £1.
2
Paragraphs 3 to 9 will apply where the Welsh Ministers are satisfied on a balance of probabilities that there has been a breach of this Order.
Market value2
1
Notwithstanding the provisions of article 3 of the Diseases of Animals (Ascertainment of Compensation) Order 1959, the market value of a bovine animal which the Welsh Ministers cause to be slaughtered must be determined—
a
by a valuer appointed by the Welsh Ministers; or
b
failing such appointment, by a valuer named on a list maintained by the Welsh Ministers, nominated by the President of the Royal Institution of Chartered Surveyors or the President of the Central Association of Agricultural Valuers as the Welsh Ministers may decide in any particular case or class of case.
2
A valuer appointed or nominated under sub-paragraph (1)(a) or (1)(b) must be paid by the Welsh Ministers and must inform, in writing, the Welsh Ministers and the owner of the market value.
3
In this paragraph a reference to a valuer is a reference to an individual and not to a company or firm or to two or more persons jointly.
4
For the purposes of this paragraph, the market value of an animal is the price that might reasonably be expected would have been obtained for it from a purchaser in the open market at the time of valuation if the animal were not an affected animal or a suspected animal.
Failure to comply with a notice3
1
This paragraph applies where—
a
the keeper of a bovine animal has been served with any one or more of the following—
i
a notice under article 10(3) (veterinary inquiry as to the existence of disease);
ii
a veterinary requirements notice under article 11;
iii
a biosecurity improvement notice under article 11A;
iv
a notice under article 18 (precautions against spread of infection);
b
the keeper fails to comply with one or more of the requirements or steps in the notice;
c
the animal has been tested under article 12 (tuberculosis testing);
d
the animal has been slaughtered following that test; and
e
the test was applied to the herd that includes that animal (after the keeper was served with the notice).
2
Where the keeper fails to comply with one or more of the requirements or steps—
a
under article 10(3)(a), “M” is 0.5;
b
under article 10(3)(b), “M” is 0.05;
c
under article 10(3)(c), “M” is 0.05;
d
in a veterinary requirements notice—
i
for the first time, “M” is 0.5; or
ii
subsequently, “M” is 0.05;
e
in a biosecurity improvement notice—
i
for the first time, “M” is 0.5; or
ii
subsequently, “M” is 0.05;
f
under article 18(1)(a) to (c), “M” is 0.75;
g
under article 18(1)(d) to (h)—
i
for the first time, “M” is 0.5; or
ii
subsequently, “M” is 0.05;
h
under article 18(1)(j), “M” is 0.05.
Failure to test animals in accordance with article 12(1)4
1
Subject to sub-paragraph (4), this paragraph applies where—
a
the keeper of a bovine animal has been served with a notice under article 12(1) (tuberculosis testing);
b
the keeper has failed to carry out that test by the date specified in the notice (the “specified date”);
c
the test has been carried out at a later date; and
d
the animal has been slaughtered following the test.
2
Where the test was carried out as required by a notice under article 12(1) at a date later than the specified date and the interval between the specified date and the test is—
a
more than 60 but not more than 90 days, “M” is 0.5;
b
more than 90 days, “M” is 0.05.
3
Where the test was carried out under article 12(5), “M” is 0.05.
4
Where the animal was slaughtered by virtue of the provisions of article 12(6) or 12(7), “M” is 0.05.
Exempt finishing units and approved finishing units5
1
This paragraph applies where—
a
the operator of an exempt finishing unit or an approved finishing unit is also the keeper of a bovine animal at that unit; or
b
a person for the purposes of article 14A(4) to (6) is also the keeper of a bovine animal.
2
Where—
a
the keeper fails to comply with one or more of the conditions or obligations under article 14A;
b
an animal has been tested under article 12 (tuberculosis testing);
c
the animal has been slaughtered following that test; and
d
the test was applied to the herd that includes that animal;
“M” is 0.05.
Slaughter following movement on to premises under licence6
1
This paragraph applies where the keeper of a bovine animal has been served with a notice under article 16 (isolation and prohibition on movement of animals) prohibiting the movement of bovine animals on to premises, except under the authority of a licence issued by an inspector.
2
Where—
a
the keeper brings a bovine animal under licence on to the premises;
b
a relevant test has been applied to that animal; and
c
the animal has been slaughtered following the test or has been slaughtered under section 32 of the Act in its application to tuberculosis;
“M” is 0.5.
Delay in removal for slaughter7
1
This paragraph applies where—
a
the keeper of a bovine animal has been served with a notice of intended slaughter under article 17 (notification of intended slaughter of animals);
b
the keeper delays the removal of the animal for slaughter beyond the date specified in the notice (the “specified date”); and
c
the animal has been slaughtered.
2
Where the removal for slaughter of the animal was at a date later than the specified date and the interval between the specified date and removal is—
a
more than 0 but not more than 10 days, “M” is 0.75;
b
more than 10 but not more than 20 days, “M” is 0.5; and
c
more than 20 days, “M” is 0.25.
Breach of obligations8
1
This paragraph applies where the keeper of a bovine animal has—
a
failed to comply with one or more reasonable requirements of an inspector or an approved veterinary surgeon under article 12(2) (tuberculosis testing);
b
breached one or more of the prohibitions in article 15 (prohibitions);
c
breached the requirement or prohibition or both in article 16 (isolation and prohibition on movement of animals);
d
breached one or more of the requirements in article 19(2) (suspected animals in markets, shows, etc).
2
Where—
a
one or more of sub-paragraphs (1)(a) to (d) apply;
b
the relevant test has been applied to an animal; and
c
that animal has been slaughtered;
“M” is 0.05.
Other cases9
Where paragraphs 3 to 8 do not apply, “M” is 1.
(This note is not part of the Order)
Sch. substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 16 (with art. 3)