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S.I. No. 266/1961 - Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (No. 2) Order, 1961

S.I. No. 266/1961 - Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) (No. 2) Order, 1961 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the

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Movement and Public Sales

Cattle) (No. 2) Order, 1961 S.I. No. 266/1961 - Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) (No. 2) Order, 1961 AmendmentsLeasuithe S.I. No. 266

1961. BOVINE TUBERCULOSIS (CONTROL

MOVEMENT AND PUBLIC SALES

CATTLE) (No. 2) ORDER, 1961 ARRANGEMENT

ARTICLES Article

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

approved premises. 7. Movement into and out

herds.

  1. Licences for movement into the area or into herds in the area.
  2. Restriction on holding

public sales in the area

cattle. 10. Control

public sales in the area

cattle.

  1. Documents in relation to cattle at public sales in the area.
  2. Inspection

documents. 13. Examination

cattle by authorised

ficers. 14. Production by authorised

ficer

appointment. 15. Retention and surrender

identity cards and ear-tags. 16. Notification

evidence

bovine tuberculosis. 17. Compliance with conditions

permit, approval or licence. 18. Revocations. S.I. No. 266

1961. BOVINE TUBERCULOSIS (CONTROL

MOVEMENT AND PUBLIC SALES

CATTLE) (No. 2) ORDER, 1961 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 (Control

Movement and Public Sales

Cattle) (No. 2) Order, 1961.

(2)This Order shall come into operation on the 4th day

December,

  1. 2 Definitions.
  2. In this Order— " the area " means such area as consists

— (a) the administrative counties

Kildare, Louth, Meath and

faly. (b) the administrative county

Westmeath exclusive

the part lying west

the River Shannon and the part lying west

the River Inny, and (c) the part

the administrative county

Wicklow, consisting

the rural district

Baltinglass No. 1 as existing immediately before the 1st day

October, 1925; " 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; " Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication

bovine tuberculosis which was initiated by the Minister in September, 1954; " clear herd " means a herd

cattle in a clearance area, the most recent test

which was a clear test (that is to say, a test with tuberculin at which no reactor was disclosed and which was carried out subsequent to the date on which the area was declared by Order

the Minister to be a clearance area); " the Minister " means the Minister for Agriculture; " 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. 3 Restriction on testing. 3. Cattle in the area shall not be tested for tuberculosis except with the permission in writing

the Minister. 4 General restriction on movement into the area. 4. Cattle, other than cattle from a clear herd situated within a clearance area, shall not be moved into the area except as provided for by this Order. 5 Permits for movement into the area. 5.—

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

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 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, (e) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed

within the area.

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

paragraph

(1)

this Article are being moved into the area, 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 (b)

paragraph,

(1)

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

the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect

which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

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

paragraph

(1)

this Article are being moved into the area, the person in charge

the cattle shall have in his possession— (

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

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.

(5)(a) Each

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 subparagraphs (a) and (b)

paragraph

(1)

this Article: (i) an authorised

ficer, (ii) a member

the Gárda Síochána, (iii) an

ficer

customs and excise, (iv) a preventive

ficer at a customs or frontier post. (b) In the case

cattle referred to in subparagraphs (a) and (b)

paragraph

(1)

this Article, permits for the purposes

this Article may be issued by an authorised

ficer. 6 Movement into and out

approved premises. 6.—

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

paragraph

(1)

Article 5

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) if the cattle are on the approved premises after the expiration

the period

validity

the relevant veterinary certificate or market clearance certificate, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin; (c) 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

each animal, the date and manner

disposal and the name, address and herd number under the Bovine Tuberculosis Eradication Scheme

the person acquiring each animal.

(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)This Article shall not apply to cattle moved into the area if they are moved into isolation in a herd which is owned by the person moving them. 7 Movement into and out

herds. 7.—

(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),
(4),
(5)and
(6)

this Article, cattle

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

  1. a)attested cattle; (
  2. b)cattle (other than attested cattle) from a herd outside the area in respect

which identity cards have been issued by the Minister; (c) cattle from a herd in the area in respect

which identity cards have been issued by the Minister; (

  1. d)cattle from a clear herd in the area; (
  2. e)cattle from any other clear herd; (
  3. f)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.

(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 (b)

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 from a herd in respect

which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

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

paragraph

(2)

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

the cattle shall have in his possession the identity cards issued by the Minister in respect

the cattle.

(6)Where cattle referred to in subparagraph (f)

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

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 the test.

(7)Where cattle referred to in subparagraph (f)

paragraph

(2)

this Article have been moved into a clear 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 cattle which have been moved into isolation in the herd).

(8)(a) No animal shall, except under permit under this Article, be moved out

any herd in the area which it not a clear herd. (b) Where by reference to subsequent testing, the herd becomes a clear herd, the restriction on movement under this paragraph shall cease to have effect.

(9)An authorised

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

this Article. 8 Licences for movement into the area or into herds in the area. 8.—

(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 absolute 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. 9 Restriction on holding

public sales in the area

cattle. 9.—

(1)A person shall not hold in the area a public sale

cattle save in premises approved

by the Minister.

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

this Article and any such approval— (

  1. a)may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and (
  2. b)may be granted either in respect

a limited period or without limitation as to period. 10 Control

public sales in the area

cattle. 10.—

(1)A bovine animal shall not be exposed at any public sale in the area

cattle except as provided for in this Article.

(2)Subject to Article 11

this Order, cattle

the following classes only may be exposed at a public sale in the area

cattle; (

  1. a)attested cattle; (
  2. b)cattle (other than attested cattle) from a herd outside the area in respect

which identity cards have been issued by the Minister; (c) cattle from a herd in the area in respect

which identity cards have been issued by the Minister; (

  1. d)cattle from a clear herd in the area; (
  2. e)cattle from any other clear herd; (
  3. f)cattle which, during the period

14 days ending immediately before the day

the sale, 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. 11 Documents in relation to cattle at public sales in the area. 11.—

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

paragraph

(2)

Article 10

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

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

paragraph

(2)

Article 10

this Order are exposed at a public sale in the area

cattle, the person in charge

the cattle shall have in his possession a permit authorising movement

the cattle to the sale.

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

paragraph

(2)

Article 10

this Order 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.

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

paragraph

(2)

Article 10

this Order are exposed at a public sale in the area

cattle, the person in charge

the cattle shall have in his possession a certificate issued by a veterinary surgeon certifying that the cattle are from a clear herd.

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

paragraph

(2)

Article 10

this Order are exposed at a public sale in the area

cattle, the person in charge

the cattle shall have in his possession— (

  1. a)Where the test was carried out in the State— (
  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, (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.

(6)An authorised

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

this Article. 12 Inspection

documents. 12. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member

the Gárda Sochána or an authorised

ficer, produce it for inspection by such member or

ficer. 13 Examination

cattle by authorised

ficers. 13. An authorised

ficer may examine any cattle being moved into the area or into premises approved

under this Order or into herds in the area or exposed at any public sale in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration

this Order. 14 Production by authorised

ficer

appointment. 14. 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. 15 Retention and surrender

identity cards and ear-tags. 15.—

(1)Where an animal in respect

which an identity card has been issued by the Minister is sold or otherwise disposed

within the area, the owner or person in charge shall, at the time

the sale or disposal, give the identity card to the person acquiring the animal, or his agent.

(2)Where an animal in respect

which an identity card has been issued by the Minister dies or is slaughtered within the area, the owner or person in charge shall— (

  1. a)retain the identity card and any ear-tag which had been inserted in the animal, (
  2. b)on demand made by an authorised

ficer, surrender to him the identity card and any such ear-tag.

(3)Where an animal in respect

which an identity card has been issued by the Minister is moved out

the area (and such movement is not to an attested herd or attested area or to an approved sale

14-day tested cattle or for export as the equivalent

a 14-day tested animal or otherwise under a permit issued by an authorised

ficer or a licence issued by the Minister establishing that the cattle are from a herd in respect

which identity cards have seen issued by the Minister and authorising their movement from the place from which they came) the owner or person in charge shall, before the expiration

the day next following the day

such movement either— (a) send the identity card by post to the Secretary, Department

Agriculture, Dublin, or (b) send by post or deliver the identity card to the veterinary

ficer in charge

any district

fice established for the purposes

the administration

the Bovine Tuberculosis Eradication Scheme. 16 Notification

evidence

bovine tuberculosis. 16. Where a veterinary surgeon in the course

any examination or test for tuberculosis (other than a test carried out under the Bovine Tuberculosis Eradication Scheme) in the area finds evidence

bovine tuberculosis in any animal or carcase, he shall notify the Secretary, Department

Agriculture, Dublin, before the expiration

the day next following the day on which he found such evidence. 17 Compliance with conditions

permit, approval or licence.

  1. The conditions specified in any permit, approval or licence issued under this Order shall be complied with. 18 Revocations.
  2. The Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) Order, 1961 ( S.I. No. 39

1961 ), as amended by the Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) (Amendment) Order, 1961 ( S.I. No. 136

1961 ), shall, in so far as it applies to the area, cease to have effect. GIVEN under my

ficial Seal, this 27th day

November, 1961. PATRICK SMITH, Minister for Agriculture. EXPLANATORY NOTE This Order

(1)prohibits movement

cattle, except under permit into Cos. Kildare, Louth, Meath,

faly, Westmeath (excluding the parts

the county lying west

the River Shannon and west

the River Inny) and the part

county Wicklow consisting

the rural district

Baltinglass No. 1 and specifies the classes

cattle for which such permits shall be granted,

(2)regulates movement

cattle into and out

herds,

(3)controls public sales

cattle held in the area and

(4)prohibits tuberculin testing

cattle, except with the permission

the Minister. It revokes the Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) Order, 1961 ( S.I. No. 39

1961 ), as amended, in so far as it applies to the counties mentioned. 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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