The Tuberculosis (Wales) (Amendment) Order 2023 / Gorchymyn Twbercwlosis (Cymru) (Diwygio) 2023

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order amends the Tuberculosis (Wales) Order 2010 ( S.I. 2010/1379 (W. 122) ) (“ the 2010 Order ”).

The amendments are contained in the Schedule to this Order.

Paragraph 1 of the Schedule adds a definition of “high-risk area in England” to the 2010 Order as part of the introduction of post-movement testing in the intermediate TB area in Wales. Paragraph 1 also adds a definition of “officially tuberculosis-free status” and amends the definitions of “deposited map” and “licensed finishing unit”.

Paragraph 2 inserts a new paragraph into article 8 of the 2010 Order to impose an obligation on a person who makes a notification of the suspicion of tuberculosis under article 8(1) to also notify the keeper of their suspicion.

Paragraph 3 inserts a new paragraph (2A) into article 13A of the 2010 Order requiring keepers in the intermediate TB area who receive bovine animals from the high TB area, from the high-risk area in England, or from Northern Ireland, to arrange and pay for a post-movement skin test to be undertaken by an approved veterinary surgeon. Article 13A(3) is amended so that the existing exceptions to the requirement for a post-movement test will also apply to the new paragraph (2A) .

Paragraph 4 adds a new paragraph to article 14 of the 2010 Order to provide for the publication of information about bovine herds that have officially tuberculosis-free status.

Paragraph 5 amends article 14A of the 2010 Order to remove references to exempt finishing units (as these no longer exist outside of England).

Paragraph 6 amends article 15 of the 2010 Order. A new paragraph (2A) is inserted to prohibit the taking of a sample from a bovine animal without the written consent of the Welsh Ministers. A new paragraph (6) is also added to prohibit a person from moving an animal from premises between the application and result of a relevant test.

Paragraph 7 amends paragraph 5 of Schedule 1 to the 2010 Order to remove references to exempt finishing units.

Paragraph 8 amends Schedule 2 to the 2010 Order. Paragraph 5 of Schedule 2 is amended to remove the reference to exempt finishing units approved by the Welsh Ministers. Paragraph 8 of Schedule 2 is omitted in order to re-instate pre-movement testing for bovine animal movements within and from the low TB area.

Paragraph 9 amends Schedule 3 to the 2010 Order. Paragraph 3 of Schedule 3 is amended to remove reference to exempt finishing units approved by the Welsh Ministers. A new paragraph 6A is inserted permitting some additional movements to and from agricultural shows without the requirement for post-movement testing. The definition of “the low risk area in England” in paragraph 7 of Schedule 3 is updated to the definition in the Tuberculosis in Animals (England) Order 2021 ( S.I. 2021/1001 ) following the revocation of the Tuberculosis (England) Order 2014 ( S.I. 2014/2383 ).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.