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Statutory Instrument 2006 No. 394The Tuberculosis (England) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 394ANIMALS, ENGLANDThe Tuberculosis (England) Order 2006
The Secretary of State in exercise of powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 32(2), 87(2) and 88(2) of the Animal Health Act 1981[1] and now vested in her [2] makes the following Order: Title, commencement and application 1.—(1) This Order may be cited as the Tuberculosis (England) Order 2006 and comes into force—
(b) for all other purposes on 27th March 2006. (2) This Order applies in England only.
Extension of definition of "disease" and power to slaughter on account of tuberculosis
(b) pending conclusion of the veterinary inquiry under article 7 and the service of any notice under that article—
(ii) isolate it as far as practicable from other bovine animals; and (iii) adopt precautions with respect to milk produced by that animal as if a notice under article 7 had already been served. (2) A veterinary surgeon who suspects that an animal examined by him in the course of his practice is or may be an affected animal, shall forthwith notify the Divisional Veterinary Manager.
(b) in the course of his practice as a veterinary surgeon, examines any such carcase; or (c) in the course of his duties, inspects any such carcase for any purpose; shall, immediately he suspects the carcase may be affected with tuberculosis, notify the Divisional Veterinary Manager.
(b) where appropriate take steps to ensure that the milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilized and that any utensil with which such milk has been in contact before it is so treated shall be 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. Tuberculosis testing
(b) the application to it of any relevant test for tuberculosis; or (c) the valuation of the animal in a case where the Secretary of State intends to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis, and in particular shall arrange at his own expense for the collection, penning and securing of any such animal if so required.
(b) the results of the test have been read by an inspector with a negative result. (6) No person shall interfere with the administration or the reading of a relevant test.
(b) bovine animals that are under 6 weeks of age at the date of the movement; (c) bovine animals that have been present on the premises for no more than 30 days at the date of the movement; (d) bovine animals that are subject to routine annual testing for the following public health reasons only—
(ii) they are part of a herd from which the Dairy Hygiene Inspectorate has approved the sale of raw cow's milk for drinking direct to the end consumer, either by retail sale of bottled milk or as part of an on-farm catering business; (iii) they are part of a herd from which raw cow's milk is regularly used for the manufacture of unpasteurised cheese or other unpasteurised dairy products; (e) bovine animals at an approved semen collection centre. (3) For the purposes of paragraph (1) the date of a test shall be the date of injection of tuberculin.
(b) produce such record when requested to do so by an inspector. Permitted Movements
(b) any movement under the authority of a licence issued by a veterinary inspector. Prohibitions
(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 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 animal or 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 shall not be used by any bovine animal on the premises, or by such animal or animals as may be specified; (g) at his own expense, and within such time and in such manner as may be specified in the notice, to cleanse and disinfect such part or parts of the premises as may be specified; (h) to cleanse and disinfect 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. (2) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State 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 the Secretary of State for the purpose of making good the default shall be recoverable by her from the person in default.
(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; (b) by notice served on the person in charge of the premises—
(ii) require him at his own expense, and within such time and in such manner as may be specified in the notice—
(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) it shall immediately be put into isolation and shall not be moved again except under the authority of a licence issued by an inspector.
(b) prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector. (2) For the purposes of paragraphs (1) above "animal" means any kind of mammal except man, but not a bovine animal.
(b) the person in charge of the animal being moved under the authority of a licence shall, on demand made under this Order by an inspector, furnish his name and address and shall produce the licence and allow a copy of it to be taken. Enforcement The following movements are permitted without pre movement testing: Movement to slaughter 1.The movement of a bovine animal direct to slaughter. Movement to slaughter markets 2.The movement of a bovine animal direct to a market from which all animals go direct to slaughter. Movement to exempt finishing units 3.The movement of a bovine animal direct to an exempt finishing unit, being a finishing unit which has been approved by the Secretary of State for the reception of bovine animals which have not been pre-movement tested for tuberculosis in accordance with this Order. Movements to exempt markets 4.The movement of a bovine animal direct to an exempt market, being a market which has been approved by the Secretary of State for the reception of bovine animals which have not been pre-movement tested for tuberculosis in accordance with this Order, provided that it is either returned direct to its premises of origin, direct to an exempt or approved finishing unit or direct to slaughter. Movements to approved collecting centres 5.The movement of a bovine animal direct to an approved collecting centre, being a collecting centre approved by the Secretary of State for the reception of bovine animals which come from premises which are under movement restriction in relation to tuberculosis. Movements to approved finishing units 6.The movement of a bovine animal direct to an approved finishing unit, being a finishing unit approved by the Secretary of State for the reception of bovine animals which come from premises which are under movement restriction in relation to tuberculosis. Common land 7.—(1) The movement of a bovine animal between land over which the owner or keeper of the animal has a registered right of common and—
(b) premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common is customarily exercised. (2) The movement of a bovine animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised. (This note is not part of the Order) This Order, which applies in England only, revokes and re-enacts the Tuberculosis (England) Order 2005 (SI 2005/3446). That Order revoked and remade, with alterations, the Tuberculosis (England and Wales) Order 1984 (SI 1984/1943). This Order revokes the 2005 Order with immediate effect and postpones until 27th March 2006 the coming into force of the other measures set out in the 2005 Order. In all other respects this Order reproduces the 2005 Order and incorporates the amendments to that Order which were made by the Tuberculosis(England) Amendment Order 2006 (SI 2006/140). The principal changes from the 1984 Order are as follows: A reactor is included within the definition of suspected animal rather than affected animal. The definition of premises which excluded places of temporary detention such as markets has been deleted. The definition of premises which applies to this Order is in the Animal Health Act 1981. The definitions of carcase and inspector and veterinary inspector are also in the Animal Health Act 1981. The definition of bovine animal has been changed to include buffalo and bison. Exclusions in the previous Order in relation to imported animals have been deleted. Notice of an affected or suspected animal under article 5 must be given to the Divisional Veterinary Manager, and should no longer be given to the local authority or the police. The duty to notify in relation to carcases in article 6 applies to all farmed animals, including bovine animals and also to pets. The forms A and B in schedule 1 of the previous Order have been deleted. Notices under this Order must comply with the general provisions in section 83 of the Animal Health Act 1981 and with the provisions of article 20. Article 20 also provides that licences under the Order may be general or specific. Article 8 clarifies the power of the Secretary of State to require tuberculosis testing by a certain date. This applies to routine testing of herds according to the testing frequency of the parish in which they are located, and also to additional testing which may be required for different purposes, for example where animals have been moved without pre-movement testing. Article 8 also clarifies the power of the Secretary of State to impose movement restrictions where there has been a failure to test by a date specified. Where a skin test has been administered but not yet read, or where a blood test has been taken but the result is not yet known, article 8(5) prohibits the movement of an animal until a negative test result has been obtained. It is an offence to interfere with any tuberculosis test (article 8(6)). Article 9 introduces a requirement to skin test bovine animals before they move from one premises to another. All bovine animals must be skin tested for tuberculosis with a negative result not more than 60 days before movement. This requirement does not apply to animals falling within one of the categories listed in article 9(2). The schedule to the Order sets out movements which are exempt from the requirement for pre-movement testing. In addition, a veterinary inspector retains discretion to authorise certain movements without pre-movement testing (article 11(b)). Article 10 imposes a duty to retain records of certain tuberculosis tests. Provisions relating to manure and slurry have been inserted into article 15 (precautions against spread of infection). Article 19 imposes a duty to notify the Veterinary Laboratories Agency of the presence of M.bovis where this has been isolated in any laboratory sample, except where it has been deliberately introduced in the course of research. The address of the Veterinary Laboratories Agency is: TB Diagnostic Laboratory, The Veterinary Laboratories Agency, Woodham Lane, New Haw, Addlestone, Surrey, KTl5 3NB. Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act. A Regulatory Impact Assessment for the 2005 Order has been prepared and placed in the library of each House of Parliament. Copies can be obtained from TB Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London, SW1P 4PQ. A separate Regulatory Impact Assessment for this Order has not been prepared. Notes: [1] 1981 c. 22.back [2] Functions conferred by the 1981 Act on ‘the Ministers' (as defined in section 86 of the Act) are now exercisable by the Secretary of State . Functions conferred on "the Ministers" were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (SI 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).back [3] S.I. 2005/3446back [4] S.I. 2006/140.back [5] S.I. 1984/1943.back [6] S.I. 1990/1869.back [7] S.I 1985/1861.back [8] 1965 c. 64.back [9] 1854 c. 49 (17 & 18 Vict.); 1949 c.69, 1964 c. 83 and 1970 c. 21.back [10] 1878 c. ccxiii (41 & 42 Vict.) and 1880 c. cxxx (43 & 44 Vict.).back [11] 1977 c. xv.back ISBN 0 11 074082 3 -- Back --
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