S.I. No. 247/1960 - Bovine Tuberculosis (Control of Public Sales of Cattle) (No. 2) Order, 1960.

S.I. No. 247 of 1960.

BOVINE TUBERCULOSIS (CONTROL OF PUBLIC SALES OF CATTLE) (No. 2) ORDER, 1960.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Definitions.

3. Restriction on holding of public sales in the area of cattle.

4. Control of public sales in the area of cattle.

5. Documents in relation to cattle at public sales in the area.

6. Examination of bovine animals by authorised officers.

7. Production by authorised officer of his appointment.

S.I. No. 247 of 1960.

BOVINE TUBERCULOSIS (CONTROL OF PUBLIC SALES OF CATTLE) (No. 2) ORDER, 1960.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows:

1 Short title and commencement.

1.—(1) This Order may be cited as the Bovine Tuberculosis (Control of Public Sales of Cattle) (No. 2) Order, 1960.

(2) This Order shall come into operation on the 12th day of December, 1960.

2 Definitions.

2. In this Order—

"the area", except in clauses (ii) and (iii) of subparagraph (a) of paragraph (5) of Article 5, means such area as consists of the administrative counties of Cavan, Longford, Monaghan and that part of the administrative county of Westmeath lying west of the River Inny;

"attested" means, in relation to an animal, that it is—

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an attested area;

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;

"clear herd" means a herd of 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 of the Minister to be a clearance area;

"the Minister" means the Minister for Agriculture;

"public sale" means any sale of cattle other than—

(a) a sale by a farmer of his own cattle on his own farm, or

(b) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation.

3 Restriction on holding of public sales in the area of cattle.

3.—(1) A person shall not hold in the area a public sale of cattle save in premises approved of by the Minister.

(2) The Minister, at his discretion, may grant and revoke approvals for the purposes of this Article and any such approval—

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

(b) may be granted either in respect of a limited period or without limitation as to period.

(3) The conditions specified in any approval issued under this Article shall be complied with.

4 Control of public sales in the area of cattle.

4.—(1) A bovine animal shall not be exposed at any public sale in the area of cattle except as provided for in this Article.

(2) Subject to Article 5 of this Order, cattle of the following classes only may be exposed at a public sale in the area of cattle:

(a) attested cattle,

(b) cattle from a clear herd in the area,

(c) cattle (other than attested cattle) from a clear herd not in the area in respect of which identity cards have been issued by the Minister indicating that the cattle are from a clear herd,

(d) cattle (other than attested cattle) from a herd in the area (other than a clear herd) being a herd the most recent test with tuberculin of which was a clear test (that is to say, a test at which all animals in the herd were tested and passed the test),

(e) cattle which, during the period of 14 days ending immediately before the day of the sale, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 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.

5 Documents in relation to cattle at public sales in the area.

5.—(1) Where cattle referred to in subparagraph (a) of paragraph (2) of Article 4 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the area from which they came.

(2) Where cattle referred to in subparagraph (b) of paragraph (2) of Article 4 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon certifying that the cattle are from a clear herd in the area.

(3) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 4 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit issued by the Minister authorising movement of the cattle to the sale.

(4) Where cattle referred to in subparagraph (d) of paragraph (2) of Article 4 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon that the cattle are from a herd the most recent test with tuberculin of which was a clear test (that is to say, a test at which all animals in the herd were tested and passed the test).

(5) Where cattle referred to in subparagraph (e) of paragraph (2) of Article 4 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out—

(i) in the area,

(ii) in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178 of 1960 ), as amended by the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960 ( S.I. No. 218 of 1960 ), or

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

(I) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960,

(II) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(III) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State, either—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of 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.

(6) A person having in his possession pursuant to this Article any permit, licence or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer.

6 Examination of bovine animals by authorised officers.

6. An authorised officer may examine any bovine animal exposed at any public sale in the area of cattle and may make any inquiries in relation to the animal as may be reasonably necessary for the administration of this Order.

7 Production by authorised officer of his appointment.

7. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

GIVEN under my Official Seal, this 8th day of December, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates public sales of cattle held in Counties Cavan, Longford, Monaghan and the part of County Westmeath lying west of the River Inny and specifies the classes of cattle which may be exposed at such sales.