The Tuberculosis in Animals (England) (Amendment) Order 2023

Made: 25th July 2023

Coming into force: 1st August 2023

The Secretary of State makes this Order in exercise of the powers conferred by sections 1, 8(1), 15(4) and 25 of the Animal Health Act 1981[^f00001] and now vested in the Secretary of State[^f00002].

Citation, commencement and extent

1

• (1) This Order may be cited as the Tuberculosis in Animals (England) (Amendment) Order 2023 and comes into force on 1st August 2023.

• (2) This Order extends to England and Wales.

Amendment of the Tuberculosis in Animals (England) Order 2021

2

• (1) The Tuberculosis in Animals (England) Order 2021[^f00003] is amended as follows.

• (2) In article 2 (interpretation), in paragraph (1)—

• (a) for the definition of “post-movement test” substitute—

• “post-movement skin test” means a skin test carried out in accordance with article 20;

• (b) in the appropriate place, insert—

• “specified area” means any of the counties or civil parishes listed in Schedule 3;

• (3) In article 5 (notification of suspected disease)—

• (a) after paragraph (1) insert—

(1A) A person, other than the keeper, who is making a notification under paragraph (1) must also notify the keeper of their suspicion.

• (b) in paragraph (2)—

• (i) after “has” insert “either”;

• (ii) after “paragraph (1)” insert “or received a notification under paragraph (1A)”.

• (4) In article 20 (post-movement testing)—

• (a) for the heading to article 20, substitute “Post-movement skin testing”;

• (b) for paragraph (1) substitute—

(1) When a bovine animal is moved into either— (a) the low-risk area from another part of England or from Wales; or (b) the specified area from— (i) another part of England, apart from the low-risk area, or (ii) Wales, the keeper who receives the animal must arrange and pay for a post-movement skin test to be applied to that animal by an approved veterinary surgeon no fewer than 60 days, but no more than 120 days, after the date of arrival at the receiving premises.

• (c) in paragraph (2)—

• (i) in sub-paragraph (b), for “inside the low-risk area, or are returning to the low-risk area” substitute “into the low-risk area or the specified area or returned to those areas”;

• (ii) for sub-paragraphs (c) and (d) substitute—

(c) moved to a show in the low-risk area or the specified area or returned to those areas from a show elsewhere provided— (i) immediately after the show they are returned directly to their premises of origin, or are killed or go directly to slaughter; and (ii) they were not housed on the showground, and were not otherwise on the showground for more than 24 hours;

• (iii) in sub-paragraph (e), after paragraph (iv) insert—

(v) an approved finishing unit; or (vi) an exempt finishing unit.

• (d) in paragraph (4), for sub-paragraphs (b) and (c) substitute—

(b) directly to a licensed finishing unit; (c) directly (or via an exempt market) to an approved finishing unit or an exempt finishing unit; or (d) made under the authority of a licence issued by an inspector.

• (e) in paragraph (5)(b), for “post-movement test” substitute “post-movement skin test”.

• (5) In article 21(7) (exempt markets), for “exempt or approved finishing unit” substitute “exempt finishing unit or approved finishing unit”.

• (6) After Schedule 2 insert the Schedule set out in the Schedule to this Order.

SCHEDULE — Insertion of Schedule in the Tuberculosis in Animals (England) Order 2021

Signed

Benyon — Minister of State — Department for Environment, Food and Rural Affairs — 25th July 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Tuberculosis in Animals (England) Order 2021 (S.I. 2021/1001) (“the Principal Order”) to—

• (a) impose an obligation on a person who makes a notification of the suspicion of tuberculosis under article 5(1) of the Principal Order, if that person is not the keeper of the animal, to notify the keeper of their suspicion (article 2(3));

• (b) impose an obligation on the keeper who receives a bovine animal in a specified area (as defined) to arrange a post-movement skin test (article 2(2), (4) and (6));

• (c) provide that a post-movement skin test is not required where a bovine animal moves directly to an approved finishing unit or an exempt finishing unit (article 2(4));

• (d) provide that a bovine animal can be moved to an exempt finishing unit in addition to the movements already permitted under article 20(4) of the Principal Order, pending the results of a post-skin movement test being available (article 2(5)).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available online at https://consult.defra.gov.uk/bovine-tb-2020/eradication-of-btb-england and is also available from the Department for Environment, Food and Rural Affairs at Seacole Building, 2 Marsham Street, London SW1P 4DF.

Footnotes

[^f00001]: 1981 c. 22.

[^f00002]: Section 86(1) contains a definition of “the Ministers”. Functions conferred under the Act were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by S.I. 1999/3141. Functions of the Minister of Agriculture, Fisheries and Food were then transferred to the Secretary of State by S.I. 2002/794.

[^f00003]: S.I. 2021/1001.