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S.I. No. 65/1961 - Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1961.

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  1. BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER,
  2. ARRANGEMENT

ARTICLES. Article.

  1. Short title and commencement.
  2. Interpretation.
  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 clear herds in the area.
  2. Control

premises for public sales

cattle in the area. 10. Control

public sales

cattle in the area.

  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. Compliance with conditions

permit, approval or licence. 16. Revocations. S.I. No. 65

  1. BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) 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 (Clearance Area) (Special Controls) Order, 1961.
(2)This Order shall come into operation on the 1st day

April,

  1. 2 Interpretation.
  2. In this Order— " the area " 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 ; " 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 ; " the Minister " means the Minister for Agriculture. 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 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 are

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, (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 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.

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

paragraph

(1)

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.

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

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 possesion— (

  1. a)where the test was carried out in any attested area— (
  2. i)a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (
  3. ii)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)(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 Garda 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) 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

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 ; (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.

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

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 clear herd in the area except as provided for by paragraph
(2)

this Article.

(2)Subject to paragraphs
(3),
(4)and
(5)

this Article, cattle

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

  1. a)attested cattle, (
  2. b)cattle from a clear herd in respect

which identity cards have been issued by the Minister, (

  1. c)cattle from any other clear herd, being a herd in the area, (
  2. d)cattle which, during the period

14 days ending immediately before the day

their entry into the clear 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 clear herd, 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.

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

paragraph

(2)

this Article, being cattle from a clear herd in the area, are being moved into a clear herd in the area, the person in charge

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

(5)(a) Cattle referred to in subparagraph (c)

paragraph

(2)

this Article shall not be moved into a clear herd except under permit under this Article. (b) Cattle referred to in subparagraph (d)

this Article shall not be moved into a clear herd except under permit under this Article or under Article 5. (c) Where cattle referred to in subparagraph (d)

paragraph

(2)

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

the cattle shall have in his possession— (i) where the test was carried out in the area or in any attested area— (I) a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (II) a market clearance certificate in respect

the cattle, (ii) where the test was carried out elsewhere in the State— (I) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (II) a market clearance certificate in respect

the cattle, (iii) 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)Where cattle referred to in subparagraph (c)

paragraph

(2)

this Article have been moved into a clear herd in the area in respect

which identity cards have been issued or where cattle referred to in subparagraph (d)

that paragraph have been moved into any 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 tested with tuberculin as 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).

(7)(a) No animal shall be moved out

any herd in the area which is not a clear herd except under permit under this Article. (b) Where, at any test with tuberculin

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

the herd, (ii) 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.

(8)An authorised

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

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

(1)Notwithstanding any other provision

this Order, cattle may be moved into the area or into a clear 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. 9 Control

premises for public sales

cattle in the area. 9.—

(1)A person shall not expose cattle at a public sale in the area 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

cattle in the area. 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 from clear herds in the area in respect

which identity cards have been issued by the Minister, (

  1. c)cattle from any other clear herd in the area ; (
  2. d)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.

(3)Cattle other than attested cattle shall not be exposed at any public sale in the area

cattle if attested cattle are exposed at that sale. 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 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 the identity cards issued by the Minister.

(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 a certificate issued by a veterinary surgeon that they are from a clear herd.

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

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 area or in any attested area— (
  2. i)a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (
  3. ii)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. 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 Garda Síochána 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 bovine animal 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 clear herds in the area and may make any inquiries in relation to the animal or 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 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. 16 Revocations.
  2. The Bovine Tuberculosis (Places and Times for Movement into County Donegal) Order, 1960 ( S.I. No. 185

1960 ), the Bovine Tuberculosis (Control

Public Sales

Cattle) (No. 2) Order, 1960 ( S.I. No. 247

1960 ), and the Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960 ( S.I. No. 248

1960 ), are hereby revoked. GIVEN under my

ficial Seal, this twenty-fourth day

March, 1961. PATRICK SMITH, Minister for Agriculture. EXPLANATORY NOTE This Order prohibits movement

cattle, except under permit, into Cos. Cavan, Longford, Monaghan and the part

Co. Westmeath lying west

the River Inny, specifies the classes

cattle for which such permits shall be granted, regulates movement

cattle into and out

herds, controls public sales

cattle held in the area and prohibits tuberculin testing

cattle, except with the permission

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