Animal Health (Tuberculosis) (Jersey) Order 2017 & Veterinary Surgeons (Jersey) Law 1999: Amendments: Law Drafting Instructions

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A decision made on 10 March 2020:

Decision Reference: MD-PE-2020-0032
Decision Summary Title:	Amendments to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999		Date of Decision Summary:	3 March 2020
Decision Summary Author:	States Veterinary Assistant		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Amendments to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999		Date of Written Report:	3 March 2020
Written Report Author:	States Veterinary Assistant		Written Report: Public or Exempt?	Public
Subject: Amendments to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999.
Decision(s): The Minister requested that the Animal Health (Tuberculosis)(Jersey) Order 2017 should be amended – to permit a person who is a trained lay TB tester to be approved to apply and read diagnostic tests for tuberculosis; and to amend Article 3(2) to permit an inspector, rather than a veterinary inspector to serve a notice and issue a licence: and to amend Article 3(4) to substitute veterinary inspector instead of States Veterinary Officer; and make any other consequential changes. The Minister also requested that the Veterinary Surgeons (Jersey) Law 1999, Schedule 2, should be amended to extend the exemptions from restrictions on practice of veterinary surgery requiring approval of States Veterinary Officer to include the collection of blood for diagnostic or surveillance purposes from an animal.
Reason(s) for Decision: To ensure effective operation and allow for flexibility in the veterinary office regarding the allocation of duties and tasks, it is deemed necessary to make changes to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999.
Resource Implications: There are no resource implications arising from this decision.
Action required: States Veterinary Assistant to request the Principal Legislative Drafter prepare revised draft Orders.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed:		Date of Decision (If different from Date Signed):

Animal Health (Tuberculosis) (Jersey) Order 2017 & Veterinary Surgeons (Jersey) Law 1999

Minister for the Environment

Ministerial Decision Report

Amendments to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999

Purpose of the Report

It is proposed that the Minister for the Environment make an Order to amend the Animal Health (Tuberculosis) (Jersey) Order 2017 and an Order to amend Schedule 2 of the Veterinary Surgeons (Jersey) Law 1999. The effect of this is to enable tasks and duties, historically carried out by a veterinary surgeon, to be carried out by suitably trained persons.

Background

The routine testing of bovine animals for tuberculosis and to take blood samples for brucellosis surveillance in Jersey has historically been carried out by veterinary surgeons and the States Veterinary Officer. In the UK it is now widely acceptable, as well as veterinary surgeons, for approved lay-testers to carry out this work.

For continued smooth operation and to give flexibility in the veterinary office it is necessary to make a few changes so that Inspectors can carry out certain duties in the Animal Health (Tuberculosis) (Jersey) Order 2017.

Details

The Government of Jersey has a program of testing in place to test all the Island herds with the aim of gaining Official Freedom of bovine tuberculosis and brucellosis. Testing also occurs to permit trade off Island for the export of live cattle to the UK and EU.

It is now deemed acceptable to permit approved and qualified lay-testers to apply and read diagnostic tests for tuberculosis and collect blood samples. The testing requirement for bovine tuberculosis for export will however remain with an approved vet.

The proposed changes to the Animal Health (Tuberculosis) (Jersey) Order 2017 and Veterinary Surgeons (Jersey) Law 1999 are proportionate and will allow by Orders the necessary amendments to be made to ensure that the Island testing program can continue and the veterinary office can carry out its duties. The changes to the Veterinary Surgeons (Jersey) Law 1999 will also allow the States Veterinary Officer to approve a person, once suitably trained, to carry out tb testing and blood sampling of animals as part of any diagnostic or surveillance work deemed necessary.

The Animal Health (Tuberculosis) (Jersey) Order 2017 should be amended to permit a person who is a trained lay TB tester to apply and read diagnostic tests for tuberculosis; to amend Article 3(2) to permit an inspector, rather than a veterinary inspector to serve a notice and issue a licence: to amend Article 3(4) to substitute veterinary inspector instead of States Veterinary Officer; and make any other consequential changes.

The Veterinary Surgeons (Jersey) Law 1999, schedule 2 paragraph 2(1) should be amended to extend the exemptions from restrictions on practice of veterinary surgery requiring approval of States Veterinary Officer to include the collection of blood for diagnostic or surveillance purposes from an animal and to perform tests on an animal for diagnostic purposes such as carry out the Single Intradermal Comparative Cervical Tuberculin (SICCT) skin test of a bovine animal.

Recommendation

The Minister is recommended to sign the Ministerial Decision.

3 March 2020

Written by: States Veterinary Assistant

Approved by: Director – Natural Environment