The Tuberculosis (Wales) Order 2010

[^key-9e2209cca4a960c5d3d5d6aba4ec2916]: Art. 13(2)(c) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 5(a) (with art. 3)

[^key-9eb0e1b97ca62f44e72b08cb28c319a6]: Art. 24 in force at 25.5.2010, see art. 1

[^key-a26fae6abbd868369dcc45582bd95385]: Art. 11(3)(4) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(e) (with art. 3)

[^key-a48d6e6401868d1082a86b775d59cc40]: Words in Sch. 1 para. 5 heading omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 7(a) (with art. 3)

[^key-a5cab70dd61af5c1ec8c1fea3e7e1ac3]: Word in art. 11A heading substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 3(a) (with art. 3)

[^key-a63b0b2bc1465f83900a76382cdf72d8]: Word in Sch. 1 para. 3(1)(a)(iii) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 10(a) (with art. 3)

[^key-a66b7f2d2f985159be1c0311f75ccf0f]: Sch. 3 para. 7 substituted (1.2.2024) by The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 9(c) (with art. 3)

[^key-a68067e42d85a309fdc463a86e434280]: Art. 15 in force at 25.5.2010, see art. 1

[^key-aa32b7a98a03f371c94476492ecfbe4c]: Art. 14 in force at 25.5.2010, see art. 1

[^key-ac376a6d2b8d5473519e060435f56c86]: Words in art. 10(3)(b) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 2(b) (with art. 3)

[^key-ac8cd76d5aab77e0b1b4eaba9fe43e54]: Words in art. 14(1) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(6)

[^key-ad85ba3cc95bfcbb7d8f0f6f9bc3ad0a]: Words in art. 11A(2) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 3(b) (with art. 3)

[^key-b03f84d4c60b4a88ff32ee86739a0fde]: Art. 13 in force at 25.5.2010, see art. 1

[^key-b0f020d81f290537072a23c6d6c683a4]: Words in art. 21(2) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(7)(b)

[^key-b107244df229be1e75ef63db703fc38d]: Words in art. 14A(6) omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 5(g) (with art. 3)

[^key-b22f1486d2453829e290ff4036c74107]: Words in Sch. 3 para. 3 omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 9(a) (with art. 3)

[^key-b27281a6acf9eaee94d2854daa445eed]: Art. 2A inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(3)

[^key-b304f4392e5c6f2d1000312cec02932c]: Art. 15(6) inserted (1.2.2024) by The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 6(b) (with art. 3)

[^key-b52bba1755133d343abd3f079b1a7905]: Words in art. 26(1) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 7(a) (with art. 3)

[^key-bb2d8c2d6e03f5ce20ef116df457c603]: Words in art. 16 omitted (1.4.2016) by virtue of The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 10(a) (with art. 3)

[^key-bb9783c426325ce37d03089d1cebe1dc]: Art. 8 in force at 25.5.2010, see art. 1

[^key-bc5cbb3c26ee8c5d2aec872d009ec5c5]: Art. 6 in force at 25.5.2010, see art. 1

[^key-be92faa15d9940f428407789b360ce2c]: Art. 12(8)(9) inserted (6.4.2014) by The Tuberculosis (Miscellaneous Amendments) (Wales) Order 2014 (S.I. 2014/632), arts. 1(3), 2(4)(d)

[^key-c781c51b121366531a7b2dc3b8e065e1]: Words in art. 21(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 13(b) (with art. 3)

[^key-c8c03183cd40be7ca6d9c57b2d6fda10]: Word in art. 12(1) substituted (31.3.2011) by The Tuberculosis (Wales) Order 2011 (S.I. 2011/692), arts. 1, 3(2)(a)

[^key-ca275e98e52bfd54a7ff69632f032095]: Words in art. 2 inserted (1.2.2024) by The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 1(b) (with art. 3)

[^key-cae00a86bed6ba2ce1f4fc741b3b6e70]: Art. 7 in force at 25.5.2010, see art. 1

[^key-d29cb296a73a88856227582f60a2e09e]: Word in art. 11(2) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 4(a) (with art. 3)

[^key-d483045bf0002a7db4f753ec8b00c80f]: Words in art. 10(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 3(a) (with art. 3)

[^key-d61f2878b20fa93b4e39949ad8a9d3f0]: Words in art. 14A(3) omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 5(d) (with art. 3)

[^key-dfc9b734c06e875a27bf15a456ecb056]: Art. 10 in force at 25.5.2010, see art. 1

[^key-e08ee1b838092550218bdff615ea2570]: Art. 19 in force at 25.5.2010, see art. 1

[^key-e22029f25570e164849b124684f4ad1a]: Words in art. 14(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/372), regs. 1(2), 3(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e24d62dc3d6aa936636313d4591c483d]: Art. 12(2)(e) inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 4 (with art. 3)

[^key-e51d5312a527c5dec20cd5551831bf47]: Words in art. 18(1) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(b) (with art. 3)

[^key-e5f222ff5fbc76fce86152c3fcd3b013]: Word in art. 18(1)(h) omitted (1.4.2016) by virtue of The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 11(1)(c) (with art. 3)

[^key-e78961d8e37057b1730bdebbb68f69ff]: Sch. 2 para. 8 omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 8(b) (with art. 3)

[^key-e821bba6f9026e8bbea95249f53e2ee4]: Art. 1 in force at 25.5.2010, see art. 1

[^key-e823654655c0d7fb865b52d9b65dd323]: Words in art. 2 inserted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 1 (with art. 3)

[^key-e838819f766e5b8e02e82e4964157603]: Art. 22 in force at 25.5.2010, see art. 1

[^key-e8c1899505606c2428cfb48610cc93f2]: Words in Sch. 1 para. 5(1)(a) omitted (1.2.2024) by virtue of The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 7(b) (with art. 3)

[^key-eacb38f475641adf24efcdad8f8e92cb]: Art. 12 in force at 25.5.2010, see art. 1

[^key-ec64073bde827d63053bc5cb82f12ee7]: Art. 26(4) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 15(b) (with art. 3)

[^key-f1145a9f3f0ce7cdc20124f1032fdb3d]: Art. 16 in force at 25.5.2010, see art. 1

[^key-f247e8f3433e19b8fc8cb4c593018df8]: Words in art. 12(9) omitted (2.11.2015) by virtue of The Tuberculosis (Wales) (Amendment) Order 2015 (S.I. 2015/1773), arts. 1(3), 2(3)

[^key-f5bd6dc89ea74767c905b7e70549e9a6]: Words in art. 20(2) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 12 (with art. 3)

[^key-fa2de0bd44898f18f0123ac924c8dcaf]: Words in art. 21(2) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 13(a) (with art. 3)

[^key-fb82ce5af3f0796cba2976f739d7acf9]: Art. 13A(2A) inserted (1.2.2024) by The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 3(a) (with art. 3)

[^key-ffa7b03a80a1653d92de91c66e0de4f1]: Words in art. 2 inserted (1.2.2024) by The Tuberculosis (Wales) (Amendment) Order 2023 (S.I. 2023/1423), art. 1(2), Sch. para. 1(d) (with art. 3)

Approval of veterinary surgeons

2A

• (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.

Revocation

Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978

Savings and transition

Veterinary requirements notice

Biosecurity improvement notice

11A

• (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 requirements notice”) (“hysbysiad gofynion 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 testing

Pre-Movement Testing

Tuberculosis test records

Exempt finishing units and approved finishing units

14A

• (1) The Welsh Ministers may approve—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 ... 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 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 approved finishing unit unless it is approved under paragraph (1).

• (5) A person must not move a bovine animal from ... 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 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 that is approved by the Secretary of State to take bovine animals that have been moved without a pre-movement test is 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.

Prohibitions

Isolation and prohibition on movement of animals

Notification of intended slaughter of animals

Precautions against spread of infection

Suspected animals in markets, shows etc

Control of infection from other animals

Marking of bovine animals

Isolation of M. bovis in a laboratory

General provisions as to notices, licences and approvals

Production of licences

Enforcement

Failure to comply with a notice

Exempt finishing units and approved finishing units

Slaughter following movement on to premises under licence

Delay in removal for slaughter

7

• (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 obligations

8

• (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 cases

9

Where paragraphs 3 to 8 do not apply, “M” is 1.

Biosecurity requirements notice

Post-movement testing

13A

• (1) There are three tuberculosis areas in Wales, which are the—

• (a) low TB area;

• (b) intermediate TB area;

• (c) high TB area.

• (2) When a bovine animal is moved into the low TB area from a herd located in—

• (a) the intermediate TB area;

• (b) the high TB area;

• (c) England; or

• (d) Northern Ireland,

• (2A) When a bovine animal is moved into the intermediate TB area from a herd located in—

• (a) the high TB area,

• (b) the high-risk area in England, or

• (c) Northern Ireland,

the keeper who receives the animal must arrange for a post-movement test to be undertaken on it 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.

the keeper who receives the animal must arrange for a post-movement test to be undertaken on it 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.

• (3) Paragraphs (2) and (2A) do not apply to—

• (a) bovine animals that are slaughtered within 120 days of arrival at the receiving premises;

• (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 Schedule 3; and

• (d) any movement that is approved by the Welsh Ministers.

• (4) Where a bovine animal is required to have a post-movement test under paragraph (2), no person may move that animal from the receiving premises until the skin test has been completed with a negative result unless the move is—

• (a) directly (or via a slaughter gathering) to slaughter;

• (b) to an approved finishing unit; or

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

• (5) Where a bovine animal is required to have a post-movement test, but remains untested after 120 days since arrival at the receiving premises—

• (a) the test will be treated by the Welsh Ministers as overdue; and

• (b) an inspector must impose movement restrictions on all bovine animals on the premises until the overdue post-movement test has been completed with negative results.

• (6) The post-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 (2).

Tuberculosis test records

Exempt finishing units and approved finishing units

Prohibitions

Isolation and prohibition on movement of animals

Notification of intended slaughter of animals

Precautions against spread of infection

Suspected animals in markets, shows etc

Control of infection from other animals

Marking of bovine animals

Isolation of M. bovis in a laboratory

General provisions as to notices, licences and approvals

Production of licences

Enforcement

SCHEDULE 2 — Permitted movements 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 markets

3

The movement of a bovine animal to market provided that it is returned direct to its premises of origin if not sold, or is a movement to market approved by the Welsh Ministers under article 13.

Movement to collection centres

4

The movement of a bovine animal direct to a collection centre approved by the Welsh Ministers under article 13.

Movement to exempt finishing units

5

The movement of a bovine animal direct to an exempt finishing unit ....

Movement to approved finishing units

6

The movement of a bovine animal direct to an approved finishing unit approved by the Welsh Ministers under article 14A.

Movement to agricultural shows

7

The movement of a bovine animal to an agricultural show that does not involve a stay of more than 24 hours or housing of that animal at the showground, provided that the animal either goes directly from the show to slaughter or is returned directly to its premises of origin after the show.

Movement within or from the low TB area

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 — Permitted movements without post-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 ....

Movement to approved finishing units

4

The movement of a bovine animal direct to an approved finishing unit approved by the Welsh Ministers under article 14A.

Movement to licensed finishing units

5

The movement of a bovine animal direct to a licensed finishing unit.

Movement to agricultural shows

6

The movement of a bovine animal to an agricultural show in the low TB area, or a return to the low TB area from an agricultural show outside the low TB area, provided that—

• (a) the move does not involve a stay of more than 24 hours or the housing of that animal at the showground; and

• (b) the animal either goes directly from the show to slaughter or is returned directly to its premises of origin after the show.

Movement from the low risk area in England to the low TB area

7

The movement of a bovine animal from the low-risk area in England to the low TB area. The “low-risk area” means the area defined in article 2(1) of, and Schedule 1 to, the Tuberculosis in Animals (England) Order 2021.

... Approved finishing units

... Approved finishing units

6A

The movement of a bovine animal to an agricultural show in the intermediate TB area, or a return to the intermediate TB area from an agricultural show outside the intermediate TB area, provided that—

• (a) the move does not involve a stay of more than 24 hours or the housing of that animal at the showground, and

• (b) the animal either goes directly from the show to slaughter or is returned directly to its premises of origin after the show.

Movement from the low-risk area in England to the low TB area