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S.I. No. 26/1965 - Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965.

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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 1965 S.I. No. 26/1965 - Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965. S.I. No. 26/1965 - Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965. AmendmentsLeasuithe S.I. No. 26

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

ARTICLES. Article

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

herds.

  1. Movement into premises for slaughter.
  2. Licences for movement into the area for premises for slaughter in the area or herds in the area.
  3. 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. Amendment

Article 10

Bovine Tuberculosis (Control

Movement) Order,

  1. Revocations. S.I. No. 26

  1. BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER,
  2. I, CHARLES J. HAUGHEY, 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, 1965.
(2)This Order shall come into operation on the 19th day

February,

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

— (a) the administrative counties

Cork, Kerry, Kilkenny, Tipperary North Riding, Tipperary South Riding and Waterford, (b) the county boroughs

Cork and Waterford, (c) the administrative county

Limerick, exclusive

the part thereof lying north

the River Shannon, and (d) the county borough

Limerick, exclusive

the part thereof lying north

the River Shannon; "attested" means, in relation to an animal, that it is— (a)

an attested herd, (b) from an attested area, or (c)

a herd in Northern Ireland which, under the law

Northern Ireland is a herd corresponding to an attested herd; "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 (other than attested cattle) in the area in respect

which identity cards have been issued by the Minister; "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 shall not be moved into the area except as provided for by this Order. 5 Permitted movement into the area. 5.—

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

this Article, cattle

the following classes may be moved into the area: (

  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

30 days ending immediately before the day

their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963 ( S.I. No. 76

1963 ), or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test, (d) cattle being moved direct to premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter

Cattle and Sheep Acts, 1934 to 1936, and which are intended for slaughter, (e) cattle being moved direct for export by sea from the county boroughs

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

within the area.

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

this Article, cattle

the classes referred to in paragraph

(1)

this Article, if they are being moved from an attested area, may be moved into the area by rail only under permit under this Article. (b) Where cattle referred to in subparagraph (d)

paragraph

(1)

this Article are being moved into the area under permit under this Article, the premises within which and the period within which the cattle are intended to be slaughtered shall be specified in the permit. (c) Where cattle referred to in subparagraph (e)

paragraph 1

this Article are being moved into the area under permit under this Article, the period within which the cattle are intended to be exported shall be specified in the permit.

(3)(a) It shall not be lawful for any person to move into the area any animal unless there has been inserted in the left ear

the animal before it is so moved an approved ear-tag. (

  1. b)In this paragraph "approved ear-tag" means an ear-tag which— (
  2. i)is such that, when inserted in the ear

the animal, it becomes effectively closed and, if subsequently removed cannot be used again, (ii) is such that, if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion or variation) the alteration is evident as such, and (iii) is made

rigid durable material and is clearly legible.

(4)Where cattle referred to in paragraph
(1)

this Article are cattle which are

a herd in respect

which identity cards have been issued by the Minister and the cattle 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.

(5)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 a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect

the cattle.

(6)An authorised

ficer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purpose

this Article. 6 Movement into and out

herds. 6.—

(1)Cattle shall not be moved into a herd in the area except as provided for by this Article.
(2)Subject to paragraphs
(3),
(4),
(5)and
(6)

this Article, cattle

the following classes may be moved into a clear 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; (

  1. c)cattle from a clear herd; (
  2. d)cattle which, during the period

30 days ending immediately before the day

their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, 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 (d)

paragraph

(2)

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

the cattle shall have in his possession a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect

the cattle.

(7)(a) No animal shall, except under permit under this Article, be moved into or out

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

any cattle in a herd in the area, an animal fails to pass 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 subsequent testing, 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 purpose

this Article. 7 Movement into premises for slaughter. 7.—

(1)No animal shall be moved into premises in the area at which it is intended to be slaughtered unless the animal is accompanied by an identity card issued by the Minister in respect

it or by a permit or licence authorising its movement into premises for slaughter and issued under the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236

1960 ), the Bovine Tuberculosis (Control

Movement) Order, 1963 ( S.I. No. 257

1963 ), or this Order.

(2)Whenever an animal is moved into premises in the area at which it is intended to be slaughtered, the person in charge

the animal shall, at the time when the animal is so moved, surrender to the person in charge

the premises the identity card, permit or licence accompanying the animal and the person in charge

the premises shall retain the identity card, permit or licence and shall, before the expiration

the day next following the day

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

Agriculture, Dublin, or (b) send it by post or deliver it to a veterinary inspector or authorised

ficer. 8 Licences for movement into the area or premises for slaughter in the area or 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 premises in the area at which they are intended to be slaughtered 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; (

  1. c)cattle from a clear herd; (
  2. d)cattle which, during the period

30 days ending immediately before the day

the sale, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, 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)

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 tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect

the cattle.

(5)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 identity card, permit, licence or certificate shall, on demand made by a member

the Garda Siochana 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 or out

herds in the area or into any premises in the area at which they are intended to be slaughtered 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 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

30-Day tested cattle 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 been 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. 17. The conditions specified in any permit, approval or licence issued under this Order shall be complied with. 18 Amendment

Article 10

Bovine Tuberculosis (Control

Movement) Order,

  1. Article 10

the Bovine Tuberculosis (Control

Movement) Order, 1963, as amended by Article 17

the Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) Order, 1964 ( S.I. No. 87

1964 ), is hereby amended by the substitution

"the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965 ( S.I. No. 26

1965 )" for "the Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) Order, 1964 ( S.I. No. 87

1964 )". 19 Revocations. 19. The Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) Order, 1964, and the Bovine Tuberculosis (Control

Movement and Public Sales

Cattle) (Amendment) Order, 1964 ( S.I. No. 149

1964 ), are hereby revoked. GIVEN under my

ficial Seal this 12th day

February, 1965. CHARLES J. HAUGHEY, Minister for Agriculture. EXPLANATORY NOTE. This Order—

(1)regulates movement

cattle into Cos. Cork, Kerry, Kilkenny, Limerick, Tipperary and Waterford (including the county boroughs

Cork, Limerick and Waterford but excluding the parts

Limerick City and County north

the River Shannon) and specifies the classes

cattle which may be so moved,

(2)regulates movement

cattle into and out

herds in that area,

(3)regulates movement

cattle into premises in the area for slaughter,

(4)controls public sales

cattle held in the area,

(5)prohibits tuberculin testing

cattle in the area except with the permission

the Minister, and

(6)requires the surrender

identity cards and ear-tags in certain circumstances. 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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