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Statutory Instruments

2023 No. 867

Animals, England

Animal Health

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( 1 ) and now vested in the Secretary of State( 2 ).

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( 3 ) 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.

Benyon

Minister of State

Department for Environment, Food and Rural Affairs

25th July 2023

Article 2(6)

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

Article 2(1)

“ SCHEDULE 3 Specified Area

The specified area is comprised of the following counties and civil parishes—

PART 1

Counties

PART 2

Civil parishes in the county of Berkshire
Civil parishes in the county of Derbyshire
Civil parishes in the county of Hampshire
( 1 )

1981 c. 22 .

( 2 )

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 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Tuberculosis in Animals (England) (Amendment) Order 2023 (2023/867)
Version from: original only

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in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
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