
PART 1
1 

(1) This Order may be cited as the Tuberculosis in Animals (England) Order 2021 and comes into force on 1st October 2021.
(2) This Order extends to England and Wales.
(3) This Order applies in England only.
(4) Part 2 of this Order applies in relation to—
(a) any bovine animal or porcine animal;
(b) any animal of a caprine or ovine species;
(c) any camelid; and
(d) any deer.
(5) Part 3 of this Order applies only in relation to bovine animals.
2 

(1) In this Order—
 “the Act” means the Animal Health Act 1981;
 “approved collecting centre” has the meaning given by article 22(1)(c);
 “approved disinfectant” means a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) (England) Order 2007;
 “approved finishing unit” has the meaning given by article 22(1)(b);
 “approved TB slaughter gathering” means a slaughter market or a slaughter collection that is additionally approved for the sale of TB restricted cattle to slaughter;
 “approved veterinary surgeon” means a veterinary surgeon who has been approved by the Secretary of State under article 3;
 “bovine animal” means domestic cattle of the genus Bos, as well as captive bovines of the genera Bubalus and Bison;
 “camelid” means any species of South American camelid including llama, alpaca, vicuna and guanaco;
 “carcase” includes—
(a) any part of an animal to which Part 2 applies;
(b) any part of any other farmed or pet mammal; and
(c) for the purposes of article 6 only, any part of a wild deer;
 “collecting centre” means premises, other than a market, used for the intermediate reception of animals intended to be moved elsewhere;
 “deer” means a deer of any species that is managed by a keeper (including deer that are managed on enclosed park land), and, for the purposes of article 6 only, includes wild deer;
 “exempt finishing unit” has the meaning given by article 22(1)(a);
 “exempt market” has the meaning given by article 21(1);
 “finishing unit” means premises where bovine animals are fattened in readiness for being sent to slaughter;
 “inconclusive reactor” means an animal which has revealed a non-negative reading when tested for tuberculosis, but is not a reactor;
 “keeper”, in relation to an animal, means any person who owns or is responsible for the animal, whether on a permanent or temporary basis;
 “licensed finishing unit” means a discrete, self-contained holding in the low-risk area—
(a) where all the bovine animals are permanently housed on the unit under movement restriction until they can be moved to slaughter either directly or through an approved TB slaughter gathering; and
(b) which is licensed by a veterinary inspector for the fattening and finishing of bovine animals that do not come from restricted herds;
 “low-risk area” means any of the counties listed in Schedule 1;
 “officially tuberculosis-free status”, in relation to a bovine herd, means the status derived from satisfying the conditions laid down by the Secretary of State to enable cattle to be traded without restrictions on movement relating to tuberculosis;
 “porcine animal” does not include wild boar;
 “post-movement skin test” means a skin test carried out in accordance with article 20;
 “premises” includes any land or building;
 “pre-movement test” means a skin test carried out in accordance with article 19;
 “reactor” means an animal that produces a reaction to a relevant test which is consistent with its being infected with tuberculosis;
 “relevant test” means a skin test or any other diagnostic test for tuberculosis approved by the Secretary of State for use on a particular species of animal;
 “restricted herd” means a herd that is under a movement restriction imposed under this Order or any Order revoked by this Order;
 “show” means an event at which animals are exhibited but not for the purpose of sale;
 “skin test” means a single intradermal comparative tuberculin test for tuberculosis using bovine and avian tuberculin;
 “slaughter collection” means an event at which animals are gathered for the purpose of onward consignment directly to slaughter in Great Britain;
 “slaughter market” means an event at which animals are gathered for the purpose of a sale before onward consignment directly to slaughter in Great Britain;
 “specified area” means any of the counties or civil parishes and non-civil parish areas listed in Schedule 3;
 “suspected animal” means an animal that is suspected of being infected with tuberculosis, and includes a reactor;
 “TB restricted cattle” means cattle that are under a movement restriction imposed under this Order;
 “tuberculosis” means infection with Mycobacterium bovis (M.bovis);
(2) For the purposes of articles 19 and 20, a skin test is applied on the date bovine and avian tuberculin is injected into a bovine animal.
3 

(1) The Secretary of State may approve a veterinary surgeon where—
(a) the veterinary surgeon has undertaken any training as required by the Secretary of State; and
(b) the Secretary of State is of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.
(2) The Secretary of State may by notice revoke any approval of a veterinary surgeon approved under this article, giving reasons for the revocation.
4 

(1) For the purposes of the Act, the definition of “disease” in section 88 of the Act is extended so as to include tuberculosis.
(2) Section 32 of the Act (power to slaughter animals) applies to that disease.
PART 2
5 

(1) Any of the following who suspects that an animal has or may have tuberculosis must give immediate notice of that suspicion to the Secretary of State—
(a) the keeper of an animal;
(b) a person who, in the course of practice as a veterinary surgeon, examines or inspects an animal; or
(c) a person who, in the course of their duty, inspects an animal for any purpose.
(1A) A person, other than the keeper, who is making a notification under paragraph (1) must also notify the keeper of their suspicion.
(2) Pending the conclusion of the veterinary inquiry in accordance with article 7, including the service of a notice under that article, a keeper who has either  made a notification under paragraph (1) or received a notification under paragraph (1A)  must not move the animal to which the notification relates, or allow it to be moved, from the premises on which it is located, and must immediately after that notification—
(a) isolate it as far as practicable from other animals; and
(b) adopt precautions with respect to milk produced by that animal as if a notice under article 7(3) had already been served.
6 

(1) Any of the following who suspects that a carcase is or may be infected with tuberculosis must give immediate notice of such suspicion to the Secretary of State—
(a) a person in possession or charge of the carcase;
(b) a veterinary surgeon who examines the carcase;
(c) a person who inspects the carcase for any purpose, whilst acting in the course of their duty.
(2) Following the giving of a notice under paragraph (1), the carcase must be detained on the premises on which it was located at the time when the notification was given by—
(a) the person who gave the notification; or, where it is not practicable for that person to do so,
(b) the person in occupation of the premises on which the carcase was located at the time when the notification was given,
unless a veterinary inspector otherwise directs.
(3) A person who suspects that a carcase is or may be infected with tuberculosis must not move it from the location where it was found, examined or inspected, and—
(a) that person; or, where it is not practicable for that person to do so,
(b) the person in occupation of the premises on which the carcase was found, examined or inspected,
must isolate it as far as practicable from any animal or other farmed or pet mammal, until it has been examined by a veterinary inspector.
7 

(1) Where a veterinary inspector has reason to believe that there is present on any premises—
(a) an animal which is, or might have been, exposed to infection by tuberculosis, infected with tuberculosis or a suspected animal (other than a reactor), or
(b) the carcase of an animal that is infected with or suspected of being infected with tuberculosis or has been exposed to infection by tuberculosis,
the veterinary inspector must, with all practicable speed, carry out a veterinary inquiry as to the existence of tuberculosis.
(2) For the purpose of such an inquiry a veterinary inspector may—
(a) examine any animal or carcase;
(b) carry out such tests and take such samples from any animal or carcase as the veterinary inspector considers necessary for the purpose of diagnosis; and
(c) paint, stamp, clip, tag or otherwise mark any animal or carcase.
(3) Where tuberculosis cannot be discounted following the veterinary inquiry, the veterinary inspector must serve a notice requiring the keeper—
(a) to detain the animal in accordance with the requirements of the notice and keep it isolated from other animals;
(b) where appropriate, to take steps to ensure that any milk produced by the animal is not mixed with other milk or fed untreated to any mammal, and—
(i) is discarded; or
(ii) is treated by being boiled, pasteurised or sterilized;
(c) thoroughly to cleanse and scald with steam or boiling water any utensil with which untreated milk has been in contact before the utensil is used again; and
(d) to ensure that no animal is moved onto or off such part of the premises as the notice may specify except under the authority of a licence issued by a veterinary inspector.
(4) A notice served under paragraph (3) must also specify what use may be made of milk which has been treated by being boiled, pasteurised or sterilized.
8 

(1) The Secretary of State may, by notice served on the keeper of any animal, require the keeper to have that animal tested for tuberculosis with a relevant test by a specified date.
(2) Where there has been a failure to test an animal in accordance with a notice served under paragraph (1), the Secretary of State may, by notice served on the keeper of that animal, prohibit the movement of animals, or of such animals as are specified in the notice, onto or off the premises or any part of them, except under the authority of a licence issued by a veterinary inspector.
(3) The keeper of an animal must comply with all reasonable requirements of an inspector or an approved veterinary surgeon with a view to facilitating—
(a) the examination of that animal by that inspector or approved veterinary surgeon;
(b) the application to that animal of any relevant test or the reading of any skin test; or
(c) the valuation of that animal (if appropriate);
and in particular must arrange at the keeper’s own expense for the collection, penning and securing of any such animal if so required by the inspector or approved veterinary surgeon.
(4) The keeper of an animal must comply with all reasonable requirements of a person certified by the Secretary of State under article 5(3)(a) of the Veterinary Surgery (Exemptions) Order 2015 who operates under the direction of an inspector or approved veterinary surgeon.
(5) Without prejudice to any proceedings for an offence under this Order, ... where there has been a failure to test an animal in accordance with a notice issued under paragraph (1)—
(a) the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal (including the removal of the animal from the premises on which it is being kept), and
(b) the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.
(6) The keeper of a bovine animal is subject to the requirements specified in paragraph (7) where—
(a) a relevant test has been administered to the animal;
(b) the result of that test has been read by an inspector or an approved veterinary surgeon and communicated to the keeper; and
(c) the inspector or the approved veterinary surgeon is satisfied that the test reading reveals the animal to be a reactor, or an inconclusive reactor.
(7) The requirements are—
(a) that no bovine animal be moved on or off the premises on which the reactor, or inconclusive reactor, is being kept except under the authority of a licence issued by an inspector;
(b) to ensure that every reactor, or inconclusive reactor, is isolated from other animals;
(c) to permit every reactor to be marked by the person who read the relevant test or by an officer of the Secretary of State;
(d) not to place any milk from a reactor in any bulk milk tank; and
(e) where the reactor resides on premises with a milking herd, to inform every buyer who buys milk from that herd of the loss of officially tuberculosis-free status.
(8) An inspector may at any time by notice amend or disapply the requirement referred to in paragraph (7)(a) or (b).
(9) The Secretary of State may treat a bovine animal as a suspected animal where the keeper has failed to have that animal tested as required by a notice served under paragraph (1).
(10) The Secretary of State may treat a bovine animal (other than a bison or buffalo) as a suspected animal where for reasons of practicability the person allocated to carry out the test does not consider it safe to test the animal due to—
(a) the animal’s wild or aggressive propensity; or
(b) the lack of adequate testing facilities.
(11) The inspector or approved veterinary surgeon reading the result of a relevant test which reveals a reactor, or inconclusive reactor, must report such test result to the Secretary of State as soon as reasonably practicable.
9 

(1) Where a skin test has been applied to an animal, the Secretary of State must, as soon as practicable after the results of the test have been read by an inspector or approved veterinary surgeon, give the keeper of that animal a written record of the results.
(2) Paragraph (1) does not apply in relation to an animal the movement of which is, or remains, prohibited under this Order following the test.
(3) The keeper of any animal to which paragraph (1) relates must—
(a) retain the record of the results of the test for a period of three years and 60 days following the date on which bovine and avian tuberculin is injected; and
(b) produce such record when requested to do so by an inspector.
10 

(1) A person must not vaccinate an animal against tuberculosis without the written consent of the Secretary of State.
(2) A person must not treat an animal for tuberculosis without the written consent of the Secretary of State.
(3) A person must not perform a test for tuberculosis on an animal except with the written consent of the Secretary of State, and a person to whom any such consent is given must, as soon as that person knows the result of the test, report that result immediately to the Secretary of State.
(4) A person must not interfere with or obstruct the application or the reading of a relevant test.
(5) Where a relevant test has been applied to an animal, a person must not, except under the authority of a licence issued by a veterinary inspector, move that animal from the premises at which the test was administered until a negative result has been read by an inspector or approved veterinary surgeon and the keeper has been informed of that result.
11 

(1) Where the Secretary of State exercises powers conferred by section 32(1) of the Act to slaughter an animal infected with tuberculosis or a suspected animal, the Secretary of State may—
(a) by notice require the keeper to detain the animal prior to removal and slaughter;
(b) arrange for the disposal of the animal’s carcase.
(2) Where a notice has been served under paragraph (1), a person must not move the animal, or cause or permit it to be moved, off the part of the premises on which it is required by the notice to be detained, other than to remove it to slaughter, except under the authority of a licence issued by an inspector.
12 

(1) Where a veterinary inspector is satisfied that any animal kept on any premises is infected with tuberculosis or is a suspected animal, or where tuberculosis has been identified on any premises, the veterinary inspector may by notice require the keeper of that animal or the person in occupation of the premises (as appropriate)—
(a) to treat and store manure or slurry from any place which has been used by any such animal, in accordance with the requirements of the notice;
(b) not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal, otherwise than in accordance with the requirements of the notice;
(c) not to remove manure, slurry or other animal waste from the premises except under the authority of a licence issued by an inspector;
(d) to take such steps as may be reasonably practicable to prevent any animal kept on the premises from infecting any animal being kept on any adjoining premises;
(e) to arrange for the isolation of any animal specified in the notice on any specified part of the premises;
(f) to ensure that any part of the premises specified in the notice is not used by any animal on the premises, or by any such animal as may be specified;
(g) to cleanse and disinfect with an approved disinfectant within such time and in such manner as may be specified—
(i) such part of the premises as may be specified in the notice; and
(ii) all utensils and other articles used for or about an animal to which the notice relates;
(h) to adopt precautions with respect to the risk of spreading tuberculosis through—
(i) the feeding of unpasteurised milk from a restricted herd to any mammal;
(ii) keeping milk from herds that are subject to restrictions under this Order separate from milk from animals not so restricted.
(2) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State may—
(a) delay the lifting of movement restrictions imposed under article 7(3), 8(2) or 8(7) until the requirements of the notice have been completed to the satisfaction of a veterinary inspector;
(b) without prejudice to any proceedings arising out of such default, carry out the requirements of the notice or cause them to be carried out, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.
13 

(1) Where a veterinary inspector reasonably believes that an animal on any premises at which a show, exhibition, market, sale or fair is being held is infected with tuberculosis, is a suspected animal or has been exposed to infection by tuberculosis, that veterinary inspector may—
(a) by notice served on the keeper of the animal, require that animal to be removed from those premises and taken—
(i) to a slaughterhouse for immediate slaughter;
(ii) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
(iii) to such other premises as may be approved by the veterinary inspector for the purpose; and
(b) by notice served on the person in charge of the premises—
(i) require that person to ensure that any part of the premises specified in the notice is not used by any other animal for such period as may be specified in the notice; and
(ii) require that person within such time and in such manner as may be specified in the notice—(aa) to cleanse and disinfect with an approved disinfectant such part of the premises as may be specified in the notice; and(bb) to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with the infected or suspected animal or any animal exposed to infection by tuberculosis.
(2) Where an animal is moved in accordance with paragraph (1)(a)(ii) or (iii), the keeper must immediately put it into isolation and must not move it from the premises again except under the authority of a licence issued by an inspector.
(3) If any person on whom a notice is served under paragraph (1)(b) fails to comply with the requirements of the notice, the Secretary of State may, without prejudice to any proceedings arising out of such default, carry out the requirements of the notice or cause them to be carried out, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.
14 

(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be infected with tuberculosis, that veterinary inspector may serve a notice on the occupier of such premises.
(2) A notice served under paragraph (1) may—
(a) require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and
(b) prohibit the movement of animals onto or off such premises, except under the authority of a licence issued by an inspector.
(3) If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State may, without prejudice to any proceedings arising out of such default, carry out the requirements of the notice or cause them to be carried out, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default is recoverable by the Secretary of State from the person in default.
15 

(1) Where an inspector or an approved veterinary surgeon so directs, the keeper must mark an animal in the manner required by the inspector or approved veterinary surgeon.
(2) An inspector or approved veterinary surgeon may paint, stamp, clip, tag or otherwise mark an animal for the purpose of identification of tested animals.
(3) A person must not change or interfere with any action taken under this article without authorisation by an inspector or an approved veterinary surgeon.
16 

(1) A person must not move a deer onto or off any premises unless—
(a) the deer is identified by an ear tag in a manner approved by the Secretary of State;
(b) the move is made under the authority of a licence granted under the Disease (Control) (England) Order 2003; and
(c) the move is recorded in accordance with the Movement of Animals (Records) Order 1960.
(2) A person must not move the carcase of a deer onto or off any premises other than in a manner approved by the Secretary of State.
(3) A person must not expose a deer for sale or cause or permit it to be exposed for sale in any market or sale-yard unless—
(a) the deer has been identified in accordance with the provisions of paragraph (1)(a); and
(b) such identification is so maintained as to be clearly legible.
17 

(1) Where the presence of the organism M.bovis is identified by a laboratory examination of a sample taken from any mammal (except a human being) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately inform the Secretary of State.
(2) But there is no such duty to notify where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
18 
Where an animal is moved under the authority of a licence issued under this Order, the person in charge of the animal being moved must, on a demand made by a veterinary inspector—
(a) give their name and address;
(b) produce the licence (other than where reliance is on a general licence); and
(c) allow a copy of that licence to be taken.
PART 3
19 

(1) Subject to paragraphs (3) and (4), a person must not move a bovine animal from any premises, unless—
(a) a skin test has been applied to it no more than 60 days before the date of movement; and
(b) the results of the test have been read by a veterinary inspector or an approved veterinary surgeon and that veterinary inspector or approved veterinary surgeon has confirmed to the keeper that the test reading did not reveal the animal to be a reactor or an inconclusive reactor.
(2) Where a reading of the test in paragraph (1)(b) does not yield a negative result for tuberculosis, the requirements in article 8(7) and the powers of an inspector in article 8(8) apply.
(3) Bovine animals of the following descriptions do not require a skin test prior to movement from the premises on which they are being kept—
(a) animals in a herd that is subject to routine testing for tuberculosis less frequently than annually;
(b) animals that are under 42 days old at the date of the movement;
(c) animals that are from an area in which they would normally only require testing less frequently than annually, but are subject to routine annual testing for the following public health reasons only—
(i) they are on a farm considered by the Secretary of State to be a farm that is open for visits by the public;
(ii) they are part of a herd from which the Secretary of State has approved the sale of raw cow’s milk for drinking directly to the end consumer, either by retail sale of bottled milk or as part of an on-farm catering business; or
(iii) they are part of a herd from which raw cow’s milk is regularly used for the manufacture of unpasteurised cheese or other unpasteurised dairy products; and
(d) animals at a licensed semen collection centre.
(4) Paragraph (1) does not apply to the following movements—
(a) movements specified in Schedule 2; or
(b) any movement under the authority of a licence issued under this Order.
20 

(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.
(2) Bovine animals do not require a post-movement skin test if they are—
(a) slaughtered within 120 days of arrival at the receiving premises;
(b) moved solely for veterinary treatment  into the low-risk area or the specified area or returned to those areas  after veterinary treatment elsewhere, provided that they are returned directly to their premises of origin after the treatment, or are killed or go directly to slaughter;
(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;
(e) moved directly to one of the following—
(i) a market from which all animals go directly to slaughter;
(ii) an exempt market;
(iii) an approved collecting centre;
(iv) a licensed finishing unit;
(v) an approved finishing unit; or
(vi) an exempt finishing unit;
(f) moved under the authority of a movement licence issued by an inspector;
(g) moved from herds in the low-risk area.
(3) Where paragraph (1) does not apply but a bovine animal is moved onto any premises, the Secretary of State may, by notice served on the keeper of that bovine animal—
(a) require the keeper to have the bovine animal tested with a post-movement skin test no fewer than 60 days, but no more than 120 days, after the date of arrival of that animal;
(b) inform the keeper that the keeper must arrange and pay for such a post-movement skin test.
(4) Where a bovine animal is required to have a post-movement skin test under paragraph (1) or (3), no person may move that animal from the receiving premises until the skin test has been completed and subject to its having negative results, unless the move is—
(a) directly (or via an approved TB slaughter gathering) to slaughter;
(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.
(5) Where a bovine animal is required to have a post-movement skin test but remains untested more than 120 days after that animal arrived at the receiving premises—
(a) the test will be treated by the Secretary of State as overdue; and
(b) an inspector must impose movement restrictions on all bovine animals on the premises until the overdue  post-movement skin test  has been completed and subject to its having negative results.
(6) Where a post-movement skin test is required under this article, the keeper must comply with any requirement set out in a notice given under paragraph (3) or any reasonable requirements of an inspector or an approved veterinary surgeon in order to facilitate the application and reading of the skin test, and, in particular, must arrange at the keeper’s own expense for the collection, penning and securing of the bovine animal which requires such a skin test.
21 

(1) The Secretary of State may approve a market to handle and sell bovine animals that have been moved without the requirement for a pre-movement test (“an exempt market”).
(2) The approval must specify—
(a) the operator of the exempt market;
(b) the premises on which the exempt market is to be held;
(c) the dates and times for the holding of the exempt market; and
(d) the conditions with which the operator of the exempt market must comply.
(3) The operator of an exempt market must separate animals in or entering the exempt market from bovine animals present on other parts of the premises where the exempt market is located.
(4) A person must not purport to hold an exempt market unless it is approved under paragraph (1).
(5) A person must not move a bovine animal from an exempt market except directly to a permitted destination.
(6) A person must not move a bovine animal that is not separate from animals in or entering an exempt market as required by paragraph (3) except directly to a permitted destination.
(7) In this article, “permitted destination” means—
(a) in respect of bovine animals that are subject to routine testing less frequently than annually, an  exempt finishing unit or approved finishing unit  or a slaughterhouse; and
(b) in respect of all other bovine animals, an  exempt finishing unit or approved finishing unit, a slaughterhouse, or the premises from which they were brought.
(8) A market in Scotland or Wales that is approved by the Scottish Ministers or the Welsh Ministers respectively for the same purpose as an exempt market is deemed to be an exempt market for the purposes of article 20(2)(e) and Schedule 2.
22 

(1) The Secretary of State may approve—
(a) a finishing unit to take bovine animals that have been moved without the requirement for a pre-movement test (“an exempt finishing unit”);
(b) a finishing unit (“an approved finishing unit”) that is—
(i) in an area that is subject to routine surveillance testing of bovine herds for tuberculosis at least annually;
(ii) permanently under movement restrictions;
(iii) licensed by an inspector to take bovine animals from restricted and unrestricted herds for fattening and finishing until they are moved to slaughter; and
(iv) licensed either for bovine animals to be permanently housed, or for the bovine animals to be grazed on contiguous land on the unit;
(c) a collecting centre to take bovine animals that come from a restricted herd (“an approved collecting centre”).
(2) An approved finishing unit and an approved collecting centre are also approved to take bovine animals that have been moved without a pre-movement test.
(3) The approval referred to in paragraph (1) must specify—
(a) the operator;
(b) the premises or the part of the premises on which the exempt finishing unit, approved finishing unit or approved collecting centre may be situated; and
(c) the conditions with which the operator of that finishing unit or collecting centre must comply.
(4) The operator of an exempt finishing unit, an approved finishing unit or an approved collecting centre must separate animals in or entering the finishing unit or collecting centre from bovine animals present on other parts of the premises where that finishing unit or collecting centre is located.
(5) A person must not purport to operate an exempt finishing unit, approved finishing unit or approved collecting centre unless it is approved under paragraph (1).
(6) A person must not move a bovine animal from an exempt finishing unit, an approved finishing unit or approved collecting centre except—
(a) to take it directly to slaughter; or
(b) under the authority of a licence issued by a veterinary inspector.
(7) A person must not move a bovine animal that is not separated from animals in or entering an exempt finishing unit, an approved finishing unit or an approved collecting centre as required by paragraph (4) except—
(a) to take it directly to slaughter, or
(b) under the authority of a licence issued by a veterinary inspector.
(8) An exempt finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the Welsh Ministers respectively for the same purpose as an exempt finishing unit is deemed to be an exempt finishing unit for the purposes of this article of and Schedule 2 to this Order.
(9) An approved finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the Welsh Ministers respectively for the same purpose as an approved finishing unit is deemed to be an approved finishing unit for the purposes of articles 20(4), 21(7) and this article of and Schedule 2 to this Order.
(10) A collecting centre in Scotland or Wales that is approved by the Scottish Ministers or the Welsh Ministers respectively for the same purpose as an approved collecting centre is deemed to be an approved collecting centre for the purposes of article 20(2)(e)(iii), this article of and Schedule 2 to this Order.
23 

(1) For the purpose of helping other persons protect against the spread of tuberculosis, the Secretary of State may publish information regarding a bovine herd or bovine animal.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Information which may be published under paragraph (1) ... may be published in any form that the Secretary of State sees fit.
PART 4
24 

(1) Any notice, licence or approval issued or granted under this Order must be in writing.
(2) Any licence issued under this Order may be general or specific.
(3) Any notice, licence or approval issued or granted under this Order may be made subject to conditions.
(4) A notice, licence or approval issued or granted under this Order may be amended, suspended or revoked in writing at any time.
(5) Any person to whom any requirement or condition in a notice, licence or approval issued or granted under this Order applies must comply with the requirement or condition.
25 

(1) A person who does anything, or fails to do anything, in contravention of this Order commits an offence under section 73 of the Act.
(2) This Order is enforceable by a local authority.
(3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that the Secretary of State will enforce this Order instead of the local authority.
(4) Where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order.
PART 5
26 
The following Orders are revoked—
(a) the Tuberculosis (Deer and Camelid) (England) Order 2014;
(b) the Tuberculosis (England) Order 2014;
(c) the Tuberculosis (Miscellaneous Amendments) (England) Order 2015; and
(d) the Tuberculosis (England) (Amendment) Order 2016.
27 

(1) The Movement of Animals (Restrictions) (England) Order 2002 (“the 2002 Order”) is amended in accordance with paragraph (2).
(2) At the end of article 3 of the 2002 Order, insert—“
(3) But this Order does not apply where the Tuberculosis in Animals (England) Order 2021 applies.”.
(3) The Cattle Compensation (England) Order 2019 (“the 2019 Order”) is amended in accordance with paragraph (4).
(4) In article 4(1)(b) of the 2019 Order (animal slaughtered for reasons of tuberculosis where the owner is licensed to remove the animal to a slaughter house of the owner’s choice), for “article 15(1) of the Tuberculosis (England) Order 2014” substitute “article 8(1) of the Tuberculosis in Animals (England) Order 2021”.
28 

(1) Any notice or licence issued, or consent granted, under—
(a) the Tuberculosis (Deer and Camelid) (England) Order 2014; or
(b) the Tuberculosis (England) Order 2014,
and which has effect at the coming into force of this Order, remains in force as if it were a notice or licence issued, or consent granted, under this Order.
(2) Any approval granted under the Tuberculosis (England) Order 2014, which has effect at the coming into force of this Order, remains in force as if it were an approval granted under this Order.
29 

(1) The Secretary of State must from time to time—
(a) carry out a review of the regulatory provision contained in this Order; and
(b) publish a report setting out the conclusions of the review.
(2) The first report must be published before 1st October 2026.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this article must, in particular—
(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
(b) assess the extent to which those objectives are achieved;
(c) assess whether those objectives remain appropriate; and
(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Benyon of Englefield
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th September 2021
SCHEDULE 1
Article 2(1)
1 
The low-risk area is comprised of the following counties—

County
Bedfordshire
Cambridgeshire
Cleveland
County Durham
Cumbria
Essex
Greater London
Greater Manchester
Hertfordshire
Humberside
Isle of Wight
Isles of Scilly
Lancashire
Lincolnshire
Merseyside
Norfolk
Northumberland
North Yorkshire
South Yorkshire
Suffolk
Surrey
Tyne & Wear
West Sussex
West Yorkshire
SCHEDULE 2
Article 19(4)
1 
The movement of a bovine animal directly to—
(a) slaughter;
(b) a market from which all animals go directly to slaughter;
(c) an exempt finishing unit;
(d) an exempt market;
(e) an approved collecting centre;
(f) an approved finishing unit.
2 
The movement of a bovine animal to a place for veterinary treatment provided that it is returned directly to its premises of origin after the treatment, or is killed or goes directly to slaughter.
3 
The movement of a bovine animal to a show that does not involve a stay of more than 24 hours or housing of that animal at the showground, provided that the animal goes directly from the show to slaughter or is returned directly to its premises of origin after the show.
SCHEDULE 3
Article 2(1)
The specified area is comprised of the following counties  civil parishes and non-civil parish areas—

PART 1

 Buckinghamshire 
 East Sussex 
 Leicestershire 
 Northamptonshire 
 Nottinghamshire
PART 2

 Bisham
 Bray
 Cookham
 Hurley
 Maidenhead
 Remenham
 Shottesbrooke
 White Waltham
 Winkfield
 Reading
 Shinfield
 Grazeley
 Christchurch
 Windsor
 Old Windsor
 Sunningdale
 Sunninghill
 Arborfield and Newland
 Barkham
 Binfield
 Crowthorne
 Earley
 Finchampstead
 Winnersh
 Ruscombe
 St Nicholas Hurst
 Sandhurst
 Sonning
 Twyford
 Waltham St. Lawrence
 Warfield
 Wargrave
 Wokingham
 Wokingham Without
 Woodley
 Bracknell
 Charvil
 Britwell
 Datchet
 Eton
 Horton
 Slough
 Wraysbury
 Cox Green
 Wexham Court
 Colnbrook with Poyle

 Pilsley
 Blackwell
 Morton
 Pinxton
 South Normanton
 Tibshelf
 Abney & Abney Grange
 Baslow & Bubnell
 Calver
 Curbar
 Eyam
 Froggatt
 Grindlow
 Hathersage
 Hazlebadge
 Highlow
 Little Hucklow
 Offerton
 Outseats
 Pilsley
 Stoney Middleton
 Aston
 Bamford
 Bradwell
 Brough and Shatton
 Castleton
 Chinley, Buxworth and Brownside
 Derwent
 Edale
 Whaley Bridge
 Hayfield
 Hope
 Hope Woodlands
 New Mills
 Thornhill
 Old Bolsover
 Brimington
 Staveley
 Ault Hucknall
 Barlow
 Brampton
 Calow
 Chesterfield
 Glapwell
 Grassmoor, Hasland and Winswick
 Heath and Holmewood
 North Wingfield
 Pleasley
 Scarcliffe
 Shirebrook
 Sutton cum Duckmanton
 Temple Normanton
 Tupton
 Holymoorside and Walton
 Breaston
 Draycott and Church Wilne
 Hopwell
 Long Eaton
 Ockbrook
 Risley
 Shardlow and Great Wilne
 Barlborough
 Clowne
 Dronfield
 Eckington
 Elmton
 Holmesfield
 Killamarsh
 Unstone
 Whitwell
 Charlesworth
 Chisworth
 Glossop
 Ilkeston
 Sandiacre
 Stanton by Dale
 Coton In The Elms
 Lullington
 Netherseal
 Overseal
 Chatsworth
 Chapel En Le Frith
 Tintwistle
 Grindleford
 Aldercar and Langley Mill
 Ironville
 Hodthorpe and Belph
 Langwith

 Wield
 Alton
 Bentley
 Bentworth
 Binsted
 Chawton
 East Tisted
 Farringdon
 Froyle
 Grayshott
 Headley
 Kingsley
 Lasham
 Medstead
 Newton Valence
 Selborne
 Shalden
 Worldham
 Barton Stacey
 Bullington
 Chilbolton
 Goodworth Clatford
 Leckford
 Longstock
 Nether Wallop
 Stockbridge
 Upper Clatford
 Wherwell
 Old Basing
 Cliddesden
 Dummer
 Ellisfield
 Farleigh Wallop
 Herriard
 Mapledurwell and Up Nately
 Newnham
 Tunworth
 Upton Grey
 Weston Corbett
 Winslade
 Bradley
 Popham
 Preston Candover
 Bishops Waltham
 Corhampton and Meonstoke
 Curdridge
 Droxford
 Durley
 Exton
 Hambledon
 Shedfield
 Soberton
 Swanmore
 Upham
 Warnford
 West Meon
 Botley
 Fair Oak and Horton Heath
 Hedge End
 Otterbourne
 Bursledon
 Chilworth
 Eastleigh
 Hamble-Le-Rice
 Hound
 West End
 Gosport District
 Boarhunt
 Fareham
 Havant District
 City Of Portsmouth
 Southwick and Widley
 Wickham
 Boldre
 Brockenhurst
 East Boldre
 Lymington and Pennington
 Sway
 Beaulieu
 Bramshaw
 Copythorne
 Denny Lodge
 Hythe and Dibden
 Totton and Eling
 Exbury and Lepe
 Fawley
 Lyndhurst
 Marchwood
 Minstead
 Netley Marsh
 Rushmoor District
 Bramshill
 Crondall
 Dogmersfield
 Eversley
 Fleet
 Greywell
 Hartley Wintney
 Blackwater and Hawley
 Heckfield
 Long Sutton
 Mattingley
 Odiham
 Rotherwick
 South Warnborough
 Winchfield
 Yateley
 Bramshott and Liphook
 Buriton
 Clanfield
 Colemore and Priors Dean
 Eastmeon
 Froxfield
 Greatham
 Hawkley
 Langrish
 Liss
 Petersfield
 Steep
 Breamore
 West Tisted
 Burley
 Bransgore
 Damerham
 Ellingham Harbridge and Ibsley
 Fordingbridge
 Hale
 Martin
 Ringwood
 Rockbourne
 Sopley
 Whitsbury
 Woodgreen
 Ampfield
 Bossington
 Broughton
 Buckholt
 East Dean
 East Tytherley
 Houghton
 Kings Somborne
 Lockerley
 Michelmersh
 Mottisfont
 North Baddesley
 Nursling and Rownhams
 Melchet Park and Plaitford
 Romsey Extra
 Romsey
 Sherfield English
 West Tytherley
 Wellow
 City Of Southampton
 Ashley
 Beauworth
 Bighton
 Bishops Sutton
 Bramdean
 Candovers
 Cheriton
 Chilcomb
 Compton and Shawford
 Crawley
 Headbourne Worthy
 Hursley
 Itchen Stoke and Ovington
 Kilmiston
 Kings Worthy
 Little Somborne
 Littleton and Harestock
 Micheldever
 New Alresford
 Northington
 Old Alresford
 Owslebury
 Ropley
 Sparsholt
 Tichborne
 Twyford
 West Tisted
 Winchester
 Wonston
 Colden Common
 Four Marks
 Itchen Valley
 Denmead
 Horndean
 Rowlands Castle
 Hook
 Weston Patrick
 Whitehill
 Frenchmoor
 Braishfield
 Crookham Village
 Olivers Battery
 Lindford
 Awbridge
 South Wonston
 Ashurst and Colbury
 Badger Farm
 Hyde
 Hordle
 Milford-On-Sea
 Nutley
 Sandleheath
 New Milton
 Stroud
 Allbrook 
 Beech
 Bishopstoke
 Boyatt Wood
 Chandlers Ford
 Church Crookham
 Elvetham Heath
 Ewshott
 Godshill
 Newlands
 Sheet
 Valley Park
 Whiteley