VETERINARY SURGEONS Title and commencement 1 This Order may be cited as the Veterinary Surgery (Testing for Tuberculosis in Bovines) Order 2005 and comes into force on 15th August 2005. Interpretation 2 In this Order— “approved course” means a course relating to the application to a bovine animal of a tuberculin test, successful completion of which shall include passing an examination, approved for the time being by the Secretary of State, or in the case of Northern Ireland by the Department, after consultation with the Royal College of Veterinary Surgeons; “approved tuberculosis tester” has the meaning given in article 5; “authorised veterinary surgeon” means a person who is – registered in the register of veterinary surgeons or the supplementary veterinary register, an officer of the Secretary of State or the Department, and authorised by the Secretary of State or the Department to supervise trainee tuberculosis testers and approved tuberculosis testers; “re-qualification assessment” means an assessment of competence in carrying out tuberculin testing, carried-out in the case of Great Britain by the Secretary of State, and in the case of Northern Ireland, by the Department; “the Department” means the Department of Agriculture and Rural Development; “the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs; “tuberculin testing” means administering a comparative intradermal test, including preparation of the site for injection, injection of tuberculin, and measurement and recording of results, but excludes interpretation of those results and “tuberculin test” shall be construed accordingly; and “trainee tuberculosis tester” means a person who is carrying out tuberculin testing of bovines as part of an approved course. 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