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S.I. No. 248/1960 - Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960.

S.I. No. 248/1960 - Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gae

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1960 S.I. No. 248/1960 - Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960. S.I. No. 248/1960 - Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960. AmendmentsLeasuithe S.I. No. 248

  1. BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (No. 3) ORDER,
  2. ARRANGEMENT

ARTICLES. Article

  1. Short title and commencement.
  2. Definitions.
  3. General restriction on movement into the area.
  4. Permits for movement into the area.
  5. Movement into and out

approved premises. 6. Movement into and out

herds.

  1. Licences for movement into the area or into herds in the area.
  2. Inspection

documents. 9. Examination

cattle by authorised

ficers. 10. Production by authorised

ficer

appointment. 11. Compliance with conditions

permits. 12. Revocation and amendment. S.I. No. 248

  1. BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (No. 3) ORDER,
  2. I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose

the progressive eradication

bovine tuberculosis, 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.—

(1)This Order may be cited as the Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960.
(2)This Order shall come into operation on the 12th day

December,

  1. 2 Definitions.
  2. In this Order— "the area", except in subparagraph (a)

paragraph

(3)

Article 4

and where occurring secondly and thirdly in subparagraph (a)

paragraph

(4)

Article 6

, means such area as consists

the administrative counties

Cavan, Longford, Monaghan and that part

the administrative county

Westmeath lying west

the River Inny; "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; "authorised

ficer" means a person appointed by the Minister in writing to be an authorised

ficer for the purposes

this Order; "clear herd" means a herd

cattle which has had at least two successive clear tests (that is to say, tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by order

the Minister to be a clearance area; "the Minister" means the Minister for Agriculture. 3 General restriction on movement into the area. 3. Cattle shall not be moved into the area except as provided for by this Order. 4 Permits for movement into the area. 4.—

(1)Subject to paragraphs
(2)and
(3)

this Article, cattle

the following classes may be moved into the area under permit under this Article: (

  1. a)attested cattle, (
  2. b)cattle (other than attested cattle) which come from a clear 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.

(2)Where cattle referred to in subparagraph (a)

paragraph

(1)

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 cattle and authorising their movement from the place from which they came.

(3)Where cattle referred to in subparagraph (c)

paragraph

(1)

this Article are moved into the area under permit under this Article, the person in charge

the cattle shall have in his possession— (a) where the test was carried out in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178

1960 ), as amended by the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960 ( S.I. No. 218

1960 ), or in the area as defined in the Bovine Tuberculosis (Attested Area) Order, 1960— (

  1. i)a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, (
  2. ii)a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (iii) a market clearance certificate in respect

the cattle, (

  1. b)where the test was carried out elsewhere in the State— (
  2. i)a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (
  3. ii)a market clearance certificate in respect

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.

(4)Each

the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes

this Article— (a) an authorised

ficer, (b) an inspector

the Garda Síochána or member thereof

lower rank, (c) an

ficer

customs and excise, (d) A preventive

ficer at a customs or frontier post. 5 Movement into and out

approved premises. 5.—

(1)Where cattle referred to in subparagraph (c)

paragraph

(1)

Article 4

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) unless the cattle are disposed

before the expiration

the period

validity

the veterinary certificate or the market clearance certificate which accompanied them, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin and have passed the test, (d) the owner

such 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.

(2)The Minister, at his discretion, may grant and revoke approvals

premises for the purposes

this Article and any such approval may be granted— (

  1. a)subject to such conditions as the Minister considers appropriate and specifies in the approval, and (
  2. b)in respect

a limited period or without limitation as to period.

(3)An authorised

ficer may, at his discretion, issue permits for the purposes

this Article.

(4)This Article shall not apply to cattle moved into the area by a herd-owner resident in the area which are moved into isolation fn the herd-owner's own herd. 6 Movement into and out

herds. 6.—

(1)Cattle shall not be moved into a herd in the area except as provided for by paragraph
(2)

this Article.

(2)Subject to paragraphs
(3)and
(4)

this Article, cattle

the following classes may be moved into a herd in the area: (

  1. a)attested cattle, (
  2. b)cattle from a clear herd in the area, (
  3. c)cattle (other than attested cattle) from a clear herd not in the area in respect

which identity cards have been issued by the Minister indicating that the cattle are from a clear herd, (d) 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 those Orders and have passed the test, (e) cattle (other than attested cattle) from a herd in the area (other than a clear herd), being a herd

which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test.

(3)Where cattle referred to in subparagraph (a)

paragraph

(2)

this Article are being moved into a herd, the person in charge

the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4)Where cattle referred to in subparagraph (d)

paragraph

(2)

this Article are being moved into a herd, the person in charge

the cattle shall have in his possession— (

  1. a)where the test was carried out in the area or in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, as amended by the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960, or in the area as defined in the Bovine Tuberculosis (Attested Area) Order, 1960— (
  2. i)a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, (
  3. ii)a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (iii) a market clearance certificate in respect

the cattle, (

  1. b)where the test was carried out elsewhere in the State— (
  2. i)a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (
  3. ii)a market clearance certificate in respect

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.

(5)Where cattle referred to in subparagraph (d)

paragraph

(2)

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 subjected to a test with tuberculin arranged by the Minister 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 other cattle in the herd (except from other cattle which have been moved into isolation in the herd).

(6)Where, at any test with tuberculin

any cattle in a herd in the area, any animal fails to pass the test— (a) no animal shall, except under permit under this Article, be moved out

the herd, (b) 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.

(7)An authorised

ficer may, at his discretion, issue permits for the purposes

this Article. 7 Licences for movement into the area or into herds in the area. 7.—

(1)Subject to paragraph
(3)

this Article and notwithstanding any other provision

this Order, cattle may be moved into the area or into a herd in the area under licence under this Article.

(2)The Minister may, at his discretion, issue licences for the purposes

this Article.

(3)Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate. 8 Inspection

documents. 8. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member

the Garda Síochána or an authorised

ficer, produce it for inspection by such member or

ficer. 9 Examination

cattle by authorised

ficers. 9. An authorised

ficer may examine any cattle being moved into the area or into or out

premises approved

under this Order or herds in the area, and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration

this Order. 10 Production by authorised

ficer

appointment, 10. 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. 11 Compliance with conditions

permits. 11. The conditions specified in any permit, approval or licence issued under this Order shall be complied with. 12 Revocation and amendment. 12.—

(1)The Bovine Tuberculosis (Movement Control) (No. 2) Order, 1960 ( S.I. No. 186

1960 ), is hereby revoked.

(2)Article 12

the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178

1960 ), is hereby amended by the deletion

"aged one year or over". GIVEN under my

ficial Seal, this 8th day

December, 1960. PATRICK SMITH, Minister for Agriculture. EXPLANATORY NOTE. This Order regulates the movement

cattle into Counties Cavan, Longford, Monaghan and the part

Co. Westmeath lying West

the River Inny and also the movement

cattle into and out

herds in those areas. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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