[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Veterinary Surgery (Testing for Tuberculosis in Bovines) Order 2005 No. 2015 URL: http://www.bailii.org/uk/legis/num_reg/2005/20052015.html

[New search] [Help]

Exemption from the prohibition on the practice of veterinary surgery
     3. Tuberculin testing of bovines is specified as a test for the purposes of section 19(4)(e) of the Veterinary Surgeons Act 1966 if the person carrying out the tuberculin test complies with article 4.

Conditions for exemption
     4. A person carrying out tuberculin testing must be—

(a) 18 years of age or over,

(b) either—


(i) a trainee tuberculosis tester acting under the direct and continuous supervision of an authorised veterinary surgeon; or

(ii) an approved tuberculosis tester acting under the direction of an authorised veterinary surgeon, and



(c) in the case of a test carried out in –



(i) Great Britain, an officer of the Secretary of State; or

(ii) Northern Ireland, an officer of the Department.

Approved tuberculosis tester
     5. An approved tuberculosis tester means a person -

(a) who has successfully completed an approved course and is granted a certificate of competence by the course provider to that effect; and

(b) whose name appears on a register of approved tuberculin testers maintained, in the case of Great Britain, by the Secretary of State and, in the case of Northern Ireland, by the Department.

Registration as an approved tuberculosis tester
     6. —(1) The Secretary of State or the Department shall register a person if satisfied that that person has been granted a certificate of competence under article 5(a) and is a fit and proper person to carry out tuberculin testing.

    (2) Registration shall be made subject to such conditions as appear to the Secretary of State or to the Department to be necessary and which may be varied at any time.

Suspension and revocation of registration
     7. —(1) The Secretary of State, in the case of Great Britain, or the Department, in the case of Northern Ireland, may suspend or revoke the registration of any approved tuberculosis tester who—

(a) is convicted of an offence relating to the welfare of animals,

(b) has been registered for two years or more but who has not, during every two year period following first registration administered a tuberculin test to a bovine animal,

(c) breaches any condition of the registration; or

(d) is, in the opinion of the Secretary of State in the case of Great Britain or the Department in the case of Northern Ireland, for any other reason no longer a fit and proper person to administer a tuberculin test to bovine animals.

    (2) The Secretary of State or the Department may, before reinstating a registration suspended or revoked under paragraph (1), require a person whose registration has been suspended or revoked to undergo and pass a re-qualification assessment.


Ben Bradshaw
Parliamentary Under Secretary of State Department for the Environment Food and Rural Affairs

20th July 2005



Sealed with the Official Seal of the Department of Agriculture and Rural Development


Gerald Lavery
A Senior Officer in the Department of Agriculture and Rural Development

20th July 2005

[2] Under article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) the functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State. Under article 2(3) of S.I. 2002/794 functions exercised by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly were transferred to the Secretary of State. Under article 1(4) of S.I. 2002/794 any reference in S.I. 1978/272 to a named Secretary of State or Secretaries of State becomes a reference to the Secretary of State. In the case of the Department of Agriculture and Rural Development, by virtue of the powers vested in the Northern Ireland Minister in charge of that department by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c.47). In the case of the Department of Agriculture and Rural Development, paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000 (c. 1), has effect during suspension pursuant to section 1(8) of that Act. This paragraph provides that the functions of a Northern Ireland Minister who was in charge of a Northern Ireland Department immediately before the coming into force of section 1 of the Act may be discharged by that Department, subject, according to paragraph 4(1)(f) of the Schedule, to the direction and control of the Secretary of State. The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I.1999/283 (N.I.1)).back

 © Crown copyright 2005