fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
the Oireachtas) Iris Oifigiúil /
ficial Gazette Revised Acts (LRC) Classified List
Legislation (LRC) Translations (acts.ie) Translations (Houses
the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ARTICLES. Article.
attested area.
reactors. 6. Precautions against spread
infection. 7. Disposal
reactors and other animals. 8. Disinfection
premises. 9. Repair or reconstruction
cow byres.
approved premises. 15. Movement into and out
herds. 16. Restriction on movement out
the area and exposure for sale (attested animal). 17. Licences for movement into or out
the area or into or out
herds in the area. 18. Control
public sales in the area.
evidence
bovine tuberculosis. 21. Inspection
documents. 22. Examination
cattle by authorised
ficers. 23. Production by authorised
ficer
appointment. 24. Compliance with conditions
permit, approval or licence.
premises. S.I. No. 236
the progressive eradication
bovine tuberculosis and being satisfied that bovine tuberculosis is virtually non-existent in such area as consists
the administrative counties
Donegal, Mayo and Sligo, do hereby, in exercise
the powers conferred on me by section 22
the Diseases
Animals Act, 1894, and section 2
the Diseases
Animals (Bovine Tuberculosis) Act, 1957 (No. 14
1957), as amended by section 5
the Diseases
Animals Act, 1960 (No. 26
1960), order as follows: 1 Short title and commencement. 1.—
December,
ficer" means a person appointed by the Minister in writing to be an authorised
ficer for the purposes
this Order; "herd" includes a herd consisting
one animal only; "public sale" means any sale
cattle other than— (a) a sale by a farmer
his own cattle on his own farm, or (b) a sale
cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation; "attested" means, in relation to an animal, that it is— (a)
an attested herd, (b) from an attested area, (c)
a herd in Northern Ireland which, under the law
Northern Ireland, is a herd corresponding to an attested herd, or (d) from an area in Northern Ireland which, under the law
Northern Ireland, is an area corresponding to an attested area; "the Minister" means the Minister for Agriculture; "the Principal Act" means the Diseases
Animals Act, 1894, as amended or adapted by or under subsequent enactments. 3 Declaration
attested area. 3. Such area as consists
the administrative counties
Donegal, Mayo and Sligo (in this Order referred to as the area) is hereby declared to be an area in which bovine tuberculosis is virtually non-existent. 4 Restriction on testing. 4. Cattle in the area shall not be tested for tuberculosis except with the permission
the Minister. 5 Isolation
reactors. 5. Where, as a result
any test
cattle in the area for tuberculosis, a reactor is disclosed, the owner or person in charge
the animal shall immediately take all practicable steps to secure the effective isolation
the animal. 6 Precautions against spread
infection. 6. Where, as a result
any test
cattle in the area for tuberculosis, a reactor is disclosed on any premises, the occupier
the premises shall take all practicable steps to prevent the infection
cattle kept on adjoining land by contact with cattle on his premises. 7 Disposal
reactors and other animals. 7.—
any test
cattle in the area for tuberculosis, a reactor or an animal suspected
being affected or capable
infecting cattle with tuberculosis is disclosed— (a) possession
the animal may, by agreement, be taken by or on behalf
the Minister and the animal may be disposed
as the Minister thinks fit, (b) in default
agreement as aforesaid, a veterinary inspector may, by notice in the Form specified in the First Schedule to this Order served on the owner
the animal, require the slaughter or removal out
such area as consists
the area and any clearance areas
the animal, within the period specified in the notice, (c) in case there is a failure to comply with the requirements
the said notice, a veterinary inspector or authorised
ficer may, on production, if requested,
his appointment, take possession
the animal (such inspector or authorised
ficer being for this purpose hereby authorised to enter, accompanied by such assistants and vehicles as he may reasonably consider to be necessary, on any land or premises at any reasonable time) and it may be disposed
as the Minister thinks fit.
taking possession
any cattle pursuant to subparagraph (c)
paragraph
this Article, and
thereafter maintaining the cattle and disposing
them, may be recovered by the Minister as a simple contract debt in any court
competent jurisdiction. 8 Disinfection
premises. 8.—
ficer may, by notice in writing served on the occupier
premises in the area on which a reactor or an animal suspected
being affected or capable
infecting cattle with tuberculosis has been disclosed, require such occupier to cleanse and disinfect specified parts
the premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order.
the said provisions shall be incorporated with a notice served pursuant to this Article.
a notice under this Article, the Minister may cause the requirements to be carried out, and the persons carrying out the requirements on behalf
the Minister are hereby authorised to enter on the relevant premises at any reasonable time for the purpose
carrying out the requirements.
carrying out pursuant to paragraph
this Article the requirements
a notice under this Article may be recovered by the Minister as a simple contract debt in any court
competent jurisdiction. 9 Repair or reconstruction
cow byres. 9. A veterinary inspector may, by notice in writing served on the occupier
any land in the area, require such occupier to carry out specified repair or reconstruction
cow byres or boundary fences on the land within a specified period. 10 Records. 10.—
any herd
cattle in the area shall keep records showing— (
cattle in the herd, and (c) cattle comprised in any movement into or out
the herd and, as respects any such movement, the date thereof, the address
the premises from or to which the movement took place, the name
the vendor or purchaser (as the case may be) and, in relation to each animal moved out
the herd, whether or not it was for slaughter.
ficer on demand. 11 Restriction on movement. 11. An authorised
ficer may, by notice in writing, served on the occupier
any land or premises in the area, require such occupier to keep any specified animals (including goats or swine) on the land or premises, being animals affected or suspected
being affected or capable
infecting cattle with tuberculosis, under specified control or to confine such animals to a specified part
the land or premises. 12 General restriction on movement into the area. 12. Cattle shall not be moved into the area except as provided for by this Order. 13 Permits for movement into the area. 13.—
this Article, cattle
the following classes may be moved into the area under permit under this Article: (
a herd in respect
which identity cards have been issued by the Minister, (c) cattle which, during the period
14 days ending immediately before the day
their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176
1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test, (d) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter
Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit.
paragraph
this Article are being moved into the area under permit under this Article, the person in charge
the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came.
paragraph
this Article are being moved into the area under permit under this Article, the person in charge
the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.
paragraph (i)
this Article are being moved into the area under permit under this Article, the person in charge
the cattle shall have in his possession— (
the cattle, (b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.
the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes
this Article except in the case
cattle referred to in subparagraph (b)
paragraph
this Article: (i) an authorised
ficer, (ii) an inspector
the Garda Síochána or member thereof
lower rank, (iii) an
ficer
customs and excise, (iv) a preventive
ficer at a customs or frontier post. (b) In the case
cattle referred to in subparagraph (b)
paragraph
this Article, permits for the purposes
this Article may be issued by an authorised
ficer. 14 Movement into and out
approved premises. 14.—
paragraph
this Order are moved into the area under permit— (a) the cattle shall not be moved except into premises within the area approved
by the Minister for that purpose; (b) the cattle shall not be moved out
the approved premises, except under permit under this Article issued by an authorised
ficer; (c) if the cattle are on the approved premises after the expiration
a period
14 days from the date
the movement into the area in the case
cattle referred to in subparagraph (b)
paragraph
this Order, or after the expiration
the period
validity
the relevant veterinary certificate or market clearance certificare in the case
cattle referred to in subparagraph (c)
paragraph
this Order, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin; (d) the owner
the cattle shall make (and shall produce to a veterinary inspector or authorised
ficer, on request) a record with respect to such cattle indicating the tattoo marks and ear tag numbers
the animals and the manner
disposal
the animals.
premises for the purposes
this Article and any such approval may be granted— (
a limited period or without limitation as to period.
ficer may, at his discretion, issue permits for the purposes
this Article.
herds. 15.—
this Article.
this Article, cattle
the following classes may be moved into a herd in the area: (
a herd in respect
which identity cards have been issued by the Minister, (c) cattle which, during the period
14 days ending immediately before the day
their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test.
this Order.
paragraph
this Article, other than such cattle from a herd within the area, are being moved into a herd in the area, the person in charge
the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came. (b) Where cattle referred to in subparagraph (a)
paragraph
this Article, which are
a herd in the area, are being moved into another herd in the area, the person in charge
the cattle shall have in his possession the identity cards issued by the Minister in respect
the animals.
paragraph
this Article are being moved into a herd in the area, the person in charge
the cattle shall have in his possession— (
the cattle, (
the cattle, (c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.
paragraph
this Article have been moved into a herd in the area— (a) the cattle shall not, except under permit under this Article, be moved out
the herd unless and until they have been tested with tuberculin and have passed the test, and (b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all attested cattle in the herd.
any cattle in a herd in the area, an animal fails the test— (i) no animal shall, except under permit under this Article, be moved into or out
the herd, (ii) the owner or person in charge
the cattle shall surrender to an authorised
ficer any identity cards issued by the Minister in respect
animals in the herd, (iii) where, by reference to a subsequent test, a veterinary inspector becomes satisfied, and so informs the owner or person in charge
the herd, that the herd is free from tuberculosis, the restriction on movement under this paragraph shall cease.
any herd
cattle in the area prohibit the movement
any animals into or out
the herd except under the authority
a permit issued under this Article.
ficer may, at his discretion, issue permits for the purposes
this Article. 16 Restriction on movement out
the area and exposure for sale (attested animal). 16.—
the area unless— (
an animal
a herd in the area an identity card issued by the Minister, (
by the Minister under Article 18
this Order.
the area or to expose for sale in the area an attested animal, and (b) a veterinary inspector or authorised
ficer, having examined the animal, informs such person that he is not satisfied that the requirements
subparagraph (b)
paragraph
paragraph
this Article have been complied with, the following provisions shall have effect: (i) subject to the next subparagraph, such person shall not so move or expose the animal and, if he is in possession
any permit, licence or identity card relating to the animal, he shall surrender it to the veterinary inspector or authorised
ficer, (ii) if such person, by production
further evidence or otherwise, shows to the satisfaction
the veterinary inspector or authorised
ficer that the said requirements have been complied with, he may so move or expose the animal and any permit, licence or identity card surrendered pursuant to the foregoing subparagraph shall be restored. 17 Licences for movement into or out
the area or into or out
herds in the area 17.—
this Article and notwithstanding any other provision
this Order, cattle may be moved into or out
the area or into or out
a herd in the area under licence under this Article.
this Article.
the area or herd) which he considers appropriate. 18 Control
public sales in the area. 18.—
cattle unless the sale is approved
by the Minister.
this Article and any such approval may be granted subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions.
cattle approved
under this Article except as provided for in this Article.
this Article and to Article 19
this Order, cattle
the following classes only may be exposed at a public sale
cattle approved
under this Article— (
which identity cards have been issued by the Minister, (c) cattle which during the period
14 days ending at the material time have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test.
paragraph
this Article shall not be exposed at any public sale in the area at which cattle referred to in subparagraph (a)
paragraph
this Article are exposed. 19 Documents in relation to cattle at public sales in the area. 19.—
paragraph
this Order, not being cattle
a herd in the area, are exposed at a public sale in the area
cattle, the person in charge
the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came. (b) Where cattle referred to in subparagraph (a)
paragraph
this Order, being cattle
a herd in the area, are exposed at a public sale in the area
cattle, the person in charge
the cattle shall have in his possession the identity cards issued by the Minister in respect
the cattle.
paragraph
this Order, not being cattle from a herd in the area, are exposed at a public sale in the area
cattle, the person in charge
the cattle shall have in his possession a permit or licence authorising their movement to the sale.
paragraph
this Order are exposed at a public sale in the area
cattle, the person in charge
the cattle shall have in his possession— (
the cattle, (
the cattle, (c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed the test. 20 Notification
evidence
bovine tuberculosis. 20. Where a veterinary surgeon, in the course
any examination in the area, finds evidence
bovine tuberculosis in any animal or carcass, he shall notify the Secretary, Department
Agriculture, Dublin. 21 Inspection
documents. 21. A person having in his possession pursuant to this Order any documents or certificates shall, on demand made by a member
the Gárda Síochána or an authorised
ficer, produce the documents or certificates for inspection by such member or
ficer. 22 Examination
cattle by authorised
ficers. 22. An authorised
ficer may examine any cattle exposed at any public sale in the area
cattle or any cattle being moved into the area or into or out
premises approved
under this Order or into or out
herds in the area, and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration
this Order. 23 Production by authorised
ficer
appointment. 23. Where an authorised
ficer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned. 24 Compliance with conditions
permit, approval or licence.
a notice issued under this Order shall be an
fence against the Principal Act. 26 Amendments and revocations. 26. (a) In the definition
"the area" contained in Article 2
the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178
1960 ), as amended by Article 3
the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960 ( S.I. No. 218
1960 ), "Donegal, Mayo and Sligo and" are hereby deleted. (b) In the definition
"the area" contained in Article 3
the Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958 ( S.I. No. 78
1958 ) "Donegal" and "Mayo" are hereby deleted. (c) The Bovine Tuberculosis (Clearance Area) (Sligo) Order, 1957 ( S.I. No. 217
1957 ) is hereby revoked. Article 7. FIRST SCHEDULE. FORM. FORM A. DISEASES
ANIMALS ACTS. Notice to owner
reactor. To ............................................................ .
............................................................ ............................................................ ...... ............................................................ ............................................................ ...... I, the undersigned, being a Veterinary Inspector, hereby give you notice as the owner
the undermentioned animal or animals which has or have reacted to a tuberculin test or which is or are suspected
being affected or capable
infecting cattle with tuberculosis that—
this notice. Dated this.........day
.......................................19...... Signed ........................................................ Veterinary Inspector. Particulars
animal or animals Ear No. Breed Description Particulars
area Article 8. SECOND SCHEDULE. Provisions relating to cleansing and disinfection
premises. 1. Such parts
the premises as are to be cleansed and disinfected shall, before removal
the manure, be sprayed or saturated with an approved disinfectant.
the manure, the said parts shall be thoroughly scraped, the scrapings shall be removed and the said parts shall then be scrubbed and washed thoroughly with a 4 per cent. solution
washing soda in hot water and finally sprayed with an approved disinfectant. 4. All utensils or other articles used for or about any cattle which have reacted under a test for tuberculosis shall be thoroughly cleansed and washed with a 4 per cent. solution
washing soda in hot water. 5. The boots worn by, and the hands
, persons who have carried out the cleansing and disinfection shall be washed in an approved disinfectant. 6. In the foregoing provisions "approved disinfectant" means a disinfectant approved by the Minister for Agriculture under the Diseases
Animals (Disinfection) Order, 1931 (S.R. & O., No. 59
1931). GIVEN under my
ficial Seal, this First day
December, 1960. PATRICK SMITH, Minister for Agriculture. EXPLANATORY NOTE. This Order declares, with effect from 5th December, 1960, the administrative counties
Donegal, Mayo and Sligo to be an Attested Area, i.e., an area in which the Minister is satisfied that bovine tuberculosis is virtually non-existent. This Order
cattle in the area in certain circumstances and prohibits testing, except with the permission
the Minister,
cattle into the area, except under permit, and specifies the classes
cattle for which such permits shall be granted,
cattle into and out
herds,
cattle in the area and
reactors. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.