Paragraph 3 Failure to comply with a noticeF1

England and Wales

(1)

This paragraph applies where—

(a)

the keeper of a bovine animal has been served with any one or more of the following—

(i)

a notice under article 10(3) (veterinary inquiry as to the existence of disease);

(ii)

a veterinary requirements notice under article 11;

(iii)

a biosecurity F2requirements notice under article 11A;

(iv)

a notice under article 18 (precautions against spread of infection);

(b)

the keeper fails to comply with one or more of the requirements or steps in the notice;

(c)

the animal has been tested under article 12 (tuberculosis testing);

(d)

the animal has been slaughtered following that test; and

(e)

the test was applied to the herd that includes that animal (after the keeper was served with the notice).

(2)

Where the keeper fails to comply with one or more of the requirements or steps—

(a)

under article 10(3)(a), “M” is 0.5;

(b)

under article 10(3)(b), “M” is 0.05;

(c)

under article 10(3)(c), “M” is 0.05;

(d)

in a veterinary requirements notice—

(i)

for the first time, “M” is 0.5; or

(ii)

subsequently, “M” is 0.05;

(e)

in a biosecurity F3requirements notice—

(i)

for the first time, “M” is 0.5; or

(ii)

subsequently, “M” is 0.05;

(f)

under article 18(1)(a) to (c), “M” is 0.75;

(g)

under article 18(1)(d) to (h)—

(i)

for the first time, “M” is 0.5; or

(ii)

subsequently, “M” is 0.05;

(h)

under article 18(1)(j), “M” is 0.05.

Annotations

Textual amendments

F1: Sch. substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 16 (with art. 3)
F2: Word in Sch. 1 para. 3(1)(a)(iii) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 10(a) (with art. 3)
F3: Word in Sch. 1 para. 3(2)(e) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 10(b) (with art. 3)

Notes on Schedule 1

Textual amendments

F2: Sch. renumbered as Sch. 1 (1.10.2017) by virtue of The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 8 (with art. 3)