The Tuberculosis (Scotland) Order 2023

Made: 21st March 2023

Laid before the Scottish Parliament: 23rd March 2023

Coming into force: 18th May 2023

The Scottish Ministers, in exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 28, 32(2) and (3), 34(7), 83(2), 83A(6), 87(2) and 88(2) of the Animal Health Act 1981[^f00001] and all other powers enabling them to do so, make the following Order:

PART 1 — Introductory provisions

Citation, commencement and extent

1

• (1) This Order may be cited as the Tuberculosis (Scotland) Order 2023 and comes into force on 18 May 2023.

• (2) This Order extends to Scotland only.

Interpretation

2

• (1) In this Order—

• “the Act” means the Animal Health Act 1981,

• “affected animal” means a bovine animal which is a reactor, or which is— affected with tuberculosis of the udder, giving tuberculous milk, affected with tuberculous emaciation, excreting or discharging tuberculous material, affected with a chronic cough, showing any other clinical signs of tuberculosis,

• “approved veterinary surgeon” means a veterinary surgeon approved in accordance with article 3,

• “bovine animal” means domestic cattle of the genus Bos, Bubalis bubalis or Bison bison,

• “inconclusive reactor” means a bovine animal whose results from a diagnostic test for tuberculosis reveal a non-negative reading, but which is not a reactor,

• “isolation” means an affected animal or suspected animal is kept on premises or part of premises where— no space, drainage or manure storage is shared with bovine animals (other than other affected or suspected bovine animals) or other animals kept on the premises, no nose-to-nose contact is possible with bovine animals (other than other affected or suspected bovine animals) kept on the premises or adjoining premises, or other animals kept on the premises or adjoining premises, and where kept inside a building, the affected animals or suspected animals are also separated by an airtight barrier from bovine animals (other than other affected or suspected bovine animals) and other animals kept inside the building,

• “market value” means the price which might reasonably be obtained for the bovine animal at the time of valuation from a purchaser in the open market if the animal is not an affected animal or a suspected animal,

• “milk” includes cream and separated or skimmed milk,

• “premises” includes land, with or without buildings,

• “reactor” means a bovine animal that produces a test result consistent with its being affected with tuberculosis when a diagnostic test for that disease is applied to it,

• “suspected animal” means a bovine animal suspected of being affected with tuberculosis, and includes an inconclusive reactor,

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

• “veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966[^f00002].

• (2) A reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000[^f00003] which has been recorded and is consequently capable of being reproduced.

Approval of veterinary surgeons

3

• (1) The Scottish Ministers may approve any veterinary surgeon whom they consider competent to apply and read diagnostic tests for tuberculosis.

• (2) For the purpose of deciding whether to grant an approval under this article, the Scottish Ministers may require a veterinary surgeon to complete such training as they consider necessary.

• (3) The Scottish Ministers may by notice given to the veterinary surgeon revoke an approval granted under this article, giving reasons for the revocation.

Extension of definition of “disease” and power to slaughter on account of tuberculosis

4

For the purposes of the Act, the definition of “disease” in section 88(1) of the Act (meaning of “disease”) is extended to include tuberculosis and section 32 of the Act (slaughter in other diseases) applies to that disease.

PART 2 — Notification

Notification of disease in bovine animals

5

• (1) A person who has possession of or is in charge of an affected animal (other than a reactor) or a suspected animal must immediately—

• (a) notify an authorised veterinary inspector of that fact,

• (b) pending conclusion of the veterinary inquiry under article 7 and the service of any notice under that article—

• (i) detain the animal on the premises where it then is,

• (ii) as far as reasonably practicable, keep the animal in isolation, and

• (iii) adopt precautions with respect to milk produced by the animal as if a notice under article 7 had already been served.

• (2) A veterinary surgeon who examines an affected animal (other than a reactor) or a suspected animal in the course of practice as a veterinary surgeon must immediately notify an authorised veterinary inspector of that fact.

• (3) In this article and in article 6, “authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals and carcases affected or suspected of being affected with specified diseases.

Notification of disease in carcases

6

• (1) A person who—

• (a) has possession of or is in charge of a carcase affected with or suspected of being affected with tuberculosis,

• (b) in the course of that person’s practice as a veterinary surgeon, examines such a carcase, or

• (c) in the course of carrying out duties under the Food Hygiene (Scotland) Regulations 2006[^f00004] or when inspecting meat for any other purpose, inspects such a carcase,

must immediately give notice of that fact to an authorised veterinary inspector.

• (2) A person who has possession of or is in charge of a carcase to which paragraph (1) applies must detain it, or so much of it as is affected with or suspected of being affected with tuberculosis, on the premises where it then is until it has been examined by a veterinary inspector.

• (3) In this article and in article 7, “carcase” means the carcase of a bovine animal or other farmed or pet mammal.

Veterinary inquiry

7

• (1) Where on receipt of information provided under articles 5 or 6 or otherwise, a veterinary inspector has reason to believe that there is on any premises an affected animal (other than a reactor), a suspected animal or a carcase affected with or suspected of being affected with tuberculosis, the inspector must, as soon as reasonably practicable, take such steps as may be necessary to establish whether the animal or carcase is affected or suspected of being affected with tuberculosis.

• (2) A veterinary inspector who is of the opinion that a bovine animal is an affected animal or a suspected animal must serve a notice on the keeper of the animal requiring that person to—

• (a) detain the animal on the premises where it then is in accordance with the requirements of the notice and keep it in isolation,

• (b) where appropriate, take steps to ensure that milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilised and that any utensil with which the animal’s milk has been in contact before being sterilised is thoroughly cleansed and scalded with steam or boiling water before being 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 a veterinary inspector.

• (3) A notice served under this article remains in force until the notice is withdrawn by a further notice served by a veterinary inspector.

PART 3 — Testing of bovine animals

Meaning of premises

8

For the purposes of article 9 and 10, “premises” does not include any assembly centre, collection centre, agricultural show, market or slaughterhouse.

Pre-movement testing

9

• (1) The keeper of any bovine animal on any premises in a high incidence area in Scotland must not allow that animal to be moved from the premises unless a diagnostic test for tuberculosis has been applied to it no more than 30 days before the date of its movement from the premises.

• (2) The occupier of any premises in Scotland must not allow to enter those premises any bovine animal from premises in a high incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 30 days before the date of its movement from the premises in a high incidence area.

• (3) Where a bovine animal on any premises in Scotland which has been moved from any premises in a high incidence area has not had applied to it a diagnostic test for tuberculosis no more than 30 days before the date of its movement from the premises in a high incidence area, the keeper of the animal must—

• (a) ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the high incidence area, and

• (b) where the result of the test carried out under paragraph (a) is read by and to the satisfaction of an approved veterinary surgeon, ensure that a second test is applied to the animal no fewer than 60 days and no more than 120 days from the date of application of the first test.

• (4) The occupier of any premises in Scotland must not allow to enter those premises any bovine animal from premises in a low incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 30 days before the date of its movement from the premises in a low incidence area.

• (5) Paragraph (4) does not apply to a bovine animal born and kept at all times on premises in a low incidence area.

• (6) For the purposes of paragraph (5), a bovine animal born and kept at all times on premises in a low incidence area includes a bovine animal moved from premises in a low incidence area to an agricultural show or a market in a high incidence area.

• (7) Where a bovine animal on any premises in Scotland which has been moved from any premises in a low incidence area has not had applied to it a diagnostic test for tuberculosis no more than 30 days before the date of its movement from the premises in the low incidence area, the keeper of the animal must ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the low incidence area.

• (8) This article does not apply to any bovine animal under 42 days of age at the time it is moved to Scotland.

• (9) For the purposes of paragraphs (1), (2) and (4), the application of a short interval test is not to be treated as meeting the requirement for the application of a diagnostic test for tuberculosis before the date of movement.

• (10) In paragraph (9), “short interval test” means a diagnostic test for tuberculosis applied to a bovine animal for the purpose of ascertaining whether movement restrictions may be lifted from a premises where the presence of tuberculosis has been confirmed.

• (11) In this article and in article 10, “high incidence area” means an area in Great Britain where bovine animals are subject to routine tuberculin testing at intervals of no more than two years.

• (12) In this article, “low incidence area” means an area in England or Wales where bovine animals are subject to routine tuberculin testing at intervals of more than two years.

Post-movement testing

10

• (1) Where a bovine animal is moved to premises in Scotland (in this article “the receiving premises”) from premises in a high incidence area, the keeper of the bovine animal must ensure that a diagnostic test for tuberculosis is applied to it no fewer than 60 days and no more than 120 days after the date on which it first arrives at the receiving premises.

• (2) Unless paragraph (3) applies, the keeper of a bovine animal must not allow the animal to be moved from the receiving premises unless a diagnostic test has been applied to it in accordance with paragraph (1) and the results of the test as read by an inspector or approved veterinary surgeon are negative for tuberculosis.

• (3) This paragraph applies where the bovine animal is moved—

• (a) directly to slaughter within 120 days of the animal’s first arrival at the receiving premises,

• (b) solely for the purpose of veterinary treatment, provided that after the treatment the animal is returned directly to the receiving premises or is killed or goes directly to slaughter, or

• (c) under the authority of a movement licence issued by a veterinary inspector.

Premises situated partly in Scotland and partly in England

11

Articles 9 and 10 do not apply to movements of animals within premises which are partly situated in Scotland and partly situated in England, where the movement is from that part of the premises situated in Scotland to that part of the premises situated in England, or vice versa.

Application of test

12

• (1) The keeper of the bovine animal to which a test must be applied in accordance with article 9(1), (3), (4) or (7) or article 10(1) must arrange for an approved veterinary surgeon to apply the test and is to meet the expense of its application.

• (2) Paragraph (1) does not apply where any bovine animal has had applied to it within the relevant periods a diagnostic test for tuberculosis for purposes other than those of articles 9 (other than a short interval test referred to in article 9(9)) and 10.

Restriction on movement after application of test

13

• (1) Unless under the authority of a licence issued by a veterinary inspector, a person must not move a bovine animal from the premises on which it is kept where—

• (a) a diagnostic test for tuberculosis is applied, and

• (b) the results of the test have not yet been read.

Restriction on movement etc. subsequent to positive or inconclusive test results

14

• (1) Paragraph (2) applies where—

• (a) a diagnostic test for tuberculosis is applied to a bovine animal,

• (b) the results of that test are read by an inspector or approved veterinary surgeon,

• (c) the inspector or approved veterinary surgeon is satisfied that the test results reveal that the bovine animal is either a reactor, or an inconclusive reactor, and

• (d) the keeper is informed of the test results by a person who has received consent to test under article 35(a).

• (2) Where this paragraph applies, the keeper must ensure that—

• (a) no such animal may be moved on or off the premises on which it is kept, except under the authority of a licence issued by a veterinary inspector,

• (b) every reactor and inconclusive reactor is kept in isolation,

• (c) no milk from a reactor is placed in a bulk milk tank, and

• (d) where the reactor is kept on premises with a dairy herd of bovine animals, any commercial buyer of the milk from the herd in which the reactor was found is informed that the herd is subject to restrictions under this article as no longer considered to be free from tuberculosis.

• (3) Each of the restrictions or requirements in paragraph 2(a) to (d) remain in force until a veterinary inspector serves a notice amending or withdrawing that restriction or requirement.

Reporting test results

15

Any person diagnostically testing a bovine animal for tuberculosis must report the result of that test, as soon as reasonably practicable, to the Scottish Ministers.

Obstruction

16

A person must not interfere with, or obstruct the application or reading of, a diagnostic test for tuberculosis applied under this Order.

PART 4 — Prevention of spread of infection

Precautions against spread of infection

17

• (1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal, a veterinary inspector may, by notice in writing served on the keeper of any such animal, require that person—

• (a) 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,

• (b) to arrange for the isolation of any bovine animal which may be specified in the notice on any part of the premises so specified,

• (c) to ensure that any part of the premises specified in the notice is not used by any bovine animal on the premises, or by such animal as may be so specified,

• (d) at that person’s expense and within such time and in such manner as may be specified in the notice, to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be so specified,

• (e) not to treat and store manure or slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice,

• (f) not to spread any manure or to spray or spread any slurry from any place used by any such animal otherwise than in accordance with the requirements of the notice, and

• (g) to cleanse and wash 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.