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The Bovine Viral Diarrhoea (Wales) Order 2024

Type Welsh-Statutory-Instrument

Publication 2024-06-11

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API PDF

Made: 11 June 2024

Coming into force in accordance with article 1(3) and (4)

The Welsh Ministers, in exercise of the powers conferred by sections 1, 8(1), 15(4), 25, 83(2) and 88(2) of the Animal Health Act 1981[^f00001], make the following Order.

PART 1 — Preliminary

Title, application and coming into force

1

(1) The title of this Order is the Bovine Viral Diarrhoea (Wales) Order 2024.

(2) This Order applies in relation to Wales.

(3) This article and articles 2 to 34 and articles 42 to 48 come into force on 1 July 2024.

(4) Articles 35 to 41 come into force on 1 July 2026 .

Interpretation

2

In this Order—

“the Act” (“y Ddeddf”) means the Animal Health Act 1981;

“approved laboratory” (“labordy cymeradwy”) means a laboratory approved by the Welsh Ministers in accordance with article 8;

“approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon approved by the Welsh Ministers in accordance with article 7;

“bovine animal” (“anifail buchol”) means a domestic animal of the genus Bos or the species Bubalus bubalis or Bison bison;

“bovine herd” (“buches”) means a group of two or more bovine animals;

“BVD” (“BVD”) means bovine viral diarrhoea;

“BVDV” (“feirws BVD”) means BVD virus;

“calf” (“llo”) means a bovine animal aged 18 months or less;

“collective BVD status” (“statws BVD ar y cyd”) means the BVD status of a bovine herd as determined in accordance with article 20;

“CPH number” (“rhif CPH”) means the county parish holding number assigned to a holding or part of a holding by the Welsh Ministers;

“holding” (“daliad”) means a holding or part of a holding to which a CPH number has been assigned;

“individual BVD status” (“statws BVD unigol”) means the BVD status of an individual bovine animal as determined in accordance with article 19;

“inspector” (“arolgydd”) has the same meaning as in section 89 of the Act;

“keeper” (“ceidwad”) means the person who is in day-to-day charge of a bovine animal, and that person remains the keeper where the animal is placed temporarily in the control of another person (including where it is placed in the control of a transporter);

“management tag” (“tag rheoli”) means an ear tag, other than an official ear tag, which is suitable to be applied to a bovine animal for the purpose of taking a sample of tissue;

“official ear tag” (“tag clust swyddogol”) means an ear tag applied under the Cattle Identification (Wales) Regulations 2007[^f00002];

“official ear tag number” (“rhif tag clust swyddogol”) means the number which is printed on an official ear tag;

“premises” (“mangre”) means any land, building or vehicle, of any description;

“veterinary inspector” (“arolgydd milfeddygol”) has the same meaning as in section 89 of the Act;

“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday or a day specified as a bank holiday in paragraph 1 of Schedule 1 of the Banking and Financial Dealings Act 1971[^f00003].

Extension of the definition of “disease”

3

The definition of “disease” in section 88(1) of the Act is extended to include BVD.

Notices and other instruments

4

(1) Any notice, licence or approval given by the Welsh Ministers or an inspector under this Order—

(a) must be given in writing,

(b) may be made subject to conditions, and

(2) Where anything under this Order is to be done in writing, that includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000[^f00004], which has been recorded and is consequently capable of being reproduced.

(3) Any person moving a bovine animal under the authority of a licence granted under this Order must—

(a) keep the licence or a copy on their person at all times during the movement,

(b) produce the licence or a copy when requested by a veterinary inspector, an inspector or an officer of the Welsh Government, and allow a copy to be taken, and

Compliance with this Order

5

(1) Any sampling by a previous keeper for the purposes of compliance with the obligations of a keeper under this Order may, if the current keeper so elects, be relied upon by the current keeper for the purposes of determining compliance by the current keeper with the obligations in this Order.

(2) Any obligation under this Order on a keeper to take or submit a sample may, if the keeper so elects, be fulfilled by the keeper arranging for another person to take or submit the sample on the keeper’s behalf.

Costs of compliance

6

Unless the Welsh Ministers direct otherwise in writing, the costs incurred by any person taking any action required, or in refraining from taking action that is prohibited, by or under this Order must be met by that person.

PART 2 — Approval of veterinary surgeons and laboratories

Approval of veterinary surgeons

7

(1) The Welsh Ministers may approve any veterinary surgeon whom they consider to be suitable for the purposes of carrying out the functions conferred on an approved veterinary surgeon by this Order.

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

(3) An approved veterinary surgeon must comply with any condition of the approval.

(4) The Welsh Ministers may by notice given to the veterinary surgeon suspend or revoke an approval granted under this article.

(5) Suspension of an approval under this article lasts for such period, or until such steps are taken, as the Welsh Ministers specify in the notice.

(6) An approved veterinary surgeon may by notice given to the Welsh Ministers indicate that the veterinary surgeon no longer wishes to be approved, in which case the approval ceases to have effect on the date on which the Welsh Ministers receive that notice.

Approval of laboratories

8

(1) The Welsh Ministers may approve any laboratory that they consider to be suitable for the purpose of testing samples submitted under this Order.

(2) For the purpose of deciding whether to grant an approval under this article, the Welsh Ministers may require the operator of a laboratory to arrange or permit such inspections and quality assurance testing as the Welsh Ministers consider necessary.

(3) The operator of an approved laboratory must comply with any conditions of the approval.

Record keeping and disclosure by approved laboratories

9

(1) The operator of an approved laboratory must maintain a record of any test carried out under this Order for 3 years from the date of each test.

(2) The operator of the approved laboratory must provide the Welsh Ministers with a copy of any test records on request.

Suspension and revocation of approval of laboratories

10

(1) The Welsh Ministers may by notice given to the operator of an approved laboratory suspend or revoke an approval granted under article 8 if—

(a) they consider that the approved laboratory is no longer suitable for the purpose of carrying out testing of samples submitted to it under this Order, or

(b) they have reason to believe that any conditions of approval have not been, or are not being, complied with.

(2) For the purpose of deciding whether to suspend or revoke an approval, the Welsh Ministers may require the operator of the laboratory to arrange or permit such inspections and quality assurance testing as the Welsh Ministers consider necessary.

(3) Suspension of an approval lasts for such period as the Welsh Ministers specify when suspending the approval.

(4) The operator of an approved laboratory may by notice given to the Welsh Ministers indicate that the operator no longer wishes the laboratory to be approved, in which case the approval ceases to have effect on the date on which the Welsh Ministers receive that notice.

PART 3 — Sampling and notification requirements

Sampling restricted to approved veterinary surgeons

11

(1) A keeper may not take (or arrange to have taken) a sample referred to in paragraph (2) unless the sample is taken by, or under the direction of, an approved veterinary surgeon.

(2) The samples referred to in this paragraph are—

(a) a sample of blood from any bovine animal, or

(b) any sample from a bovine animal where that animal has an individual BVD status of positive.

Submission of samples for testing

12

Samples taken from a bovine animal for testing under this Order must be—

(a) submitted to an approved laboratory,

(b) submitted in accordance with such requirements as to storage, handling and timing as are indicated to be necessary for the effective testing of the sample by the operator of the laboratory to which the sample is to be submitted or, as the case may be, the instructions accompanying the equipment used to take the sample, and

(i) the keeper’s name and address,

(ii) a description of the sample,

(iii) the date the sample was taken,

(iv) the CPH number for the holding on which the herd or animal was kept at the time the sample was taken,

(v) the contact details of the veterinary surgeon, and

(vi) any other information reasonably requested by the operator of the laboratory.

Ear tag samples of tissue

13

(1) Subject to paragraphs (3) and (4), an ear tag sample of tissue is taken in accordance with this article if it is extracted from the bovine animal from an official ear tag or a management tag and the conditions in paragraph (2) are met.

(2) The conditions are—

(a) the vessel used to collect the sample must have a pre-printed identification number which is identical to the official ear tag number or the number on the management tag (as the case may be), and

(b) the identification number is notified along with the animal’s ear tag number when the sample is submitted.

(3) The keeper must not take, or arrange to have taken, an ear tag sample of tissue from any bovine animal from which a sample has previously been collected from a management tag for the purpose of submitting for sampling under this Order.

(4) Where a sample of tissue is taken from a calf, the sample must be taken from an official ear tag unless—

(a) a sample of tissue has previously been taken from the calf from an official ear tag, in which case the sample must be taken from a management tag, or

(b) the calf has died before the sample is taken, in which case the sample may be taken from an official ear tag or management tag.

(5) For the purposes of this article, “collected” includes any attempt to collect a sample.

Removal of management tags

14

(1) The keeper must remove a management tag which has been applied to a bovine animal where the information on the tag has become illegible.

(2) The keeper must not remove a management tag for any other purpose except—

(a) with the approval of the Welsh Ministers, or

(b) where the removal is necessary to safeguard the welfare of the animal.

Replacement of management tags

15

(1) This article applies where a management tag—

(a) has been removed in accordance with article 14, or

(b) has otherwise become detached from the animal.

(2) Where this article applies, the keeper must apply to the animal a replacement tag that complies with the conditions in paragraph (3).

(3) The conditions are that the replacement tag—

(a) must bear the same identification number as the management tag, and

(b) must not be a management tag.

(4) The replacement tag must be applied within 28 days (or such longer period as the Welsh Ministers approve in the circumstances) of the keeper becoming aware—

(a) that the tag is required to be removed under article 14(1) or 14(2)(b),

(b) that the Welsh Ministers have approved the removal of the tag in accordance with article 14(2)(a), or

(5) This article applies in the same way to the removal and replacement of any replacement tag applied in accordance with this article.

Notification requirements by the operator of an approved laboratory

16

Notification of a test result by the operator of an approved laboratory to the keeper, the Welsh Ministers and the veterinary surgeon under articles 28, 31, 34, 37, 40 and 41 must made be within 5 working days of the date of the test and include details of—

(a) the keeper’s name and address,

(b) the description of the sample,

(d) the date the sample was tested,

(e) the CPH number of the holding on which the herd or animal was kept at the time the sample was, or the samples were, taken, and

(f) where applied, the official ear tag number from the official ear tag.

Notification of BVD on a holding to other keepers

17

(1) This article applies where—

(a) there is a bovine animal with an individual BVD status of positive present on a holding, and

(b) there is a bovine animal belonging to another keeper (in this article “the other keeper”) kept on the same holding.

(2) The keeper must give notice to the other keeper that there is a bovine animal with an individual BVD status of positive on the holding.

(3) A notice under paragraph (2) must be given within 5 days of the later of—

(a) the date that the keeper knows (or ought reasonably to have known) that the animal has an individual BVD status of positive, or

(b) the date that the other keeper moves a bovine animal onto the holding.

(4) Where the individual BVD status of the animal is changed, the keeper must, within 5 days of receiving notice from an approved laboratory of the change of individual status (or of otherwise becoming aware of the change), give the other keeper notice of the change.

Reporting of tests for presence of BVDV other than under this Order

18

(1) This article applies where, other than for the purposes of this Order, a laboratory (including an approved laboratory) tests for evidence of exposure to BVDV, or for the presence of BVDV, in a sample (of any description) taken from a bovine animal.

(2) The operator of the laboratory must by notice inform the Welsh Ministers and the keeper, within 5 working days of testing the sample, of—

(a) a description of the sample,

(b) the date the sample was tested,

(i) whether or not the sample shows evidence of exposure to BVDV, or,

(ii) whether or not BVDV is present in the sample, and

(d) in so far as known by the operator—

(i) the official ear tag number,

(ii) the keeper’s name and address,

(iii) the CPH number for the holding on which the animal was kept at the time the sample was taken, and

(iv) the date the sample was taken.

PART 4 — BVD Status

Individual BVD status of animals

19

(1) For the purposes of this Order, a bovine animal or calf has either—

(a) an individual BVD status of positive,

(b) an individual BVD status of persistently infected,

(d) no individual BVD status.

(2) Subject to article 21, a bovine animal has an individual BVD status of positive if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of positive under articles 31(1)(b)(i), 40(5)(b), 41(4)(b) or, in the case of a calf, article 37(b).

(3) A bovine animal has an individual BVD status of persistently infected if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of persistently infected under article 34(b)(i).

(4) A bovine animal has an individual BVD status of negative if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of negative under articles 31(1)(a)(i), 34(a)(i), 40(5)(a), 41(4)(a) or, in the case of a calf, article 37(a).

(5) A bovine animal has no individual BVD status in all other cases.

Collective BVD status of herds

20

(1) For the purposes of this Order, a bovine herd has either—

(a) a collective BVD status of not negative,

(b) a collective BVD status of negative, or

(2) Subject to article 22, a bovine herd has a collective BVD status of not negative—

(a) at any time that paragraph (4) applies to the herd, or

(b) where the operator of an approved laboratory has by notice under articles 28(b), 31(1)(b)(ii) or 34(b)(ii) informed the Welsh Ministers that the herd has a collective BVD status of not negative.

(3) A bovine herd has a collective BVD status of negative—

(a) at any time paragraph (4) does not apply to the herd, and

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