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Statutory Instrument 2005 No. 2015The Veterinary Surgery (Testing for Tuberculosis in Bovines) Order 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 2015VETERINARY SURGEONSThe Veterinary Surgery (Testing for Tuberculosis in Bovines) Order 2005
The Secretary of State and the Department of Agriculture and Rural Development, acting jointly, in exercise of powers conferred by section 19(4)(e) of the Veterinary Surgeons Act 1966[1] and now vested in them[2] and after consultation with the Council of the Royal College of Veterinary Surgeons, hereby make the following Order: Title and commencement 1.This Order may be cited as the Veterinary Surgery (Testing for Tuberculosis in Bovines) Order 2005 and comes into force on 15th August 2005. Interpretation 2.In this Order—
(b) an officer of the Secretary of State or the Department, and (c) authorised by the Secretary of State or the Department to supervise trainee tuberculosis testers and approved tuberculosis testers;
Exemption from the prohibition on the practice of veterinary surgery
(b) either—
(ii) an approved tuberculosis tester acting under the direction of an authorised veterinary surgeon, and (c) in the case of a test carried out in –
(ii) Northern Ireland, an officer of the Department. Approved tuberculosis tester
(b) whose name appears on a register of approved tuberculin testers maintained, in the case of Great Britain, by the Secretary of State and, in the case of Northern Ireland, by the Department. Registration as an approved tuberculosis tester
(b) has been registered for two years or more but who has not, during every two year period following first registration administered a tuberculin test to a bovine animal, (c) breaches any condition of the registration; or (d) is, in the opinion of the Secretary of State in the case of Great Britain or the Department in the case of Northern Ireland, for any other reason no longer a fit and proper person to administer a tuberculin test to bovine animals. (2) The Secretary of State or the Department may, before reinstating a registration suspended or revoked under paragraph (1), require a person whose registration has been suspended or revoked to undergo and pass a re-qualification assessment. (This note is not part of the Order) This Order specifies tuberculin testing of bovine animals as a test to which the prohibition of the practice of veterinary surgery by persons other than veterinary surgeons in section 19(1) of the Veterinary Surgeons Act 1966 does not apply. The effect of this Order is to allow such persons who are, in the case of Great Britain, an officer of the Secretary of State and in the case of Northern Ireland, an officer of the Department to carry-out testing. They must be aged 18 years or over and be either a trainee tuberculosis tester acting under the direct and continuous supervision of an authorised veterinary surgeon or an approved tuberculosis tester acting under the direction of an authorised veterinary surgeon. Approved testers must also have passed an approved course, been granted a certificate of competence by the course provider, and have their name entered on the register of approved tuberculin testers. Articles 1 and 2 contain introductory provisions. Article 3 specifies the exemption that is to apply. Article 4 sets out the conditions for eligibility for exemption. Article 5 sets out the requirements for becoming an approved tuberculosis tester. Article 6 describes the circumstances and manner in which the Secretary of State can register a person for exemption. Article 7 sets out the powers of the Secretary of State to suspend or revoke registration. A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Department for Environment, Food and Rural Affairs (veterinary Services Team), 7th Floor, 1A Page Street, London SW1P 4PQ. Notes: [1]1966 c.36: "The Ministers" referred to in section 19(4)(e) are defined in section 27(1). Under paragraph 1 of Schedule 5 to the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272) the definition of Ministers was amended to Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales and the Minister for Northern Ireland acting jointly. See footnote (b) below.back [2]Under article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State. Under article 2(3) of S.I. 2002/794 functions exercised by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly were transferred to the Secretary of State. Under article 1(4) of S.I. 2002/794 any reference in S.I. 1978/272 to a named Secretary of State or Secretaries of State becomes a reference to the Secretary of State. In the case of the Department of Agriculture and Rural Development, by virtue of the powers vested in the Northern Ireland Minister in charge of that department by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c.47). In the case of the Department of Agriculture and Rural Development, paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000 (c. 1), has effect during suspension pursuant to section 1(8) of that Act. This paragraph provides that the functions of a Northern Ireland Minister who was in charge of a Northern Ireland Department immediately before the coming into force of section 1 of the Act may be discharged by that Department, subject, according to paragraph 4(1)(f) of the Schedule, to the direction and control of the Secretary of State. The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I.1999/283 (N.I.1)).back ISBN0 11 073128 X -- Back --
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