S.I. No. 11/1973 - Transit of Animals (Amendment) Order, 1973.

S.I. No. 11 of 1973.

TRANSIT OF ANIMALS (AMENDMENT) ORDER, 1973.

I, JAMES GIBBONS, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 10 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby order as follows:

1. (1) This Order may be cited as the Transit of Animals (Amendment) Order, 1973.

(2) The Transit of Animals Orders, 1927 to 1958, and this Order may be cited together as the Transit of Animals Orders, 1927 to 1973.

(3) The Carriage of Pigs by Road Order, 1967 ( S.I. No. 257 of 1967 ), and Article 6 of this Order may be cited together as the Carriage of Pigs by Road Orders, 1967 and 1973.

2. This Order shall come into operation on the 1st day of February, 1973.

3. In this Order "the Principal Order" means the Transit of Animals Order, 1927 (S.R. & O., No. 39 of 1927).

4. The Principal Order is hereby amended by—

( a ) the substitution of the following for the words from the beginning of paragraph (1) of Article 29 to "using the same" in that paragraph:

" 29.—(1) Any vehicle which is used on a road by any person for the conveyance of animals, otherwise than from one place on a farm to another place on that farm, shall, as soon as practicable after each occasion on which it is so used, be cleansed and disinfected by and at the expense of the owner of, the person using, or the person in charge of the vehicle,";

( b ) the insertion in Article 29 of the following new paragraph after paragraph (1):

" (1A) Notwithstanding paragraph (1) of this Article, in case on a particular day a vehicle is used exclusively on that day for the movement of animals and makes on that day consecutive journeys between the same two points conveying animals in one direction only, the requirements of this Article shall be regarded as being complied with if the vehicle is cleansed and disinfected in the manner described in paragraph (1) of this Article as soon as practicable after the completion of the last of such consecutive journeys and before the vehicle is again used for the conveyance of animals, fodder, litter or any other thing intended to be used for or about animals.";

( c ) as regards paragraph (3) of Article 29—

(i) the substitution of "of, the person using, or the person in charge of the vehicle" for "or the person using the same", and

(ii) the insertion of ", or by a member of the Gárda Síochána," before "requiring";

( d ) the substitution of the following paragraph for paragraph (4) of Article 29:—

" (4) If the owner, the person using, or the person in charge of a vehicle or thing which he is required by this Article to cleanse and disinfect fails to comply with the requirement, the Minister or the local authority within whose functional area the vehicle or thing happens to be may, without prejudice to the recovery of any penalty for an offence, cause such vehicle or thing to be cleansed and disinfected. Such owner or person shall give all reasonable facilities required for the exercise by the Minister or a local authority of the powers conferred by this paragraph.";

( e ) the insertion in Article 29 of the following new paragraph after paragraph 4:

" (5) In this Article and in Article 30 of this Order—

'animal' includes a horse;

'road' includes a road the responsibility for the maintenance of which lies on a road authority within the meaning of the Road Traffic Act, 1961 (No. 24 of 1961), and any other road, lane, street or other place to which a person other than the owner has access with a vehicle as of right;

'vehicle' means any form of road transport conveyance used for the movement of animals and includes a trailer.";

( f ) the substitution of the following for Article 30:—

" 30. Where a vehicle is used on a road for conveying an animal or carcase which is diseased or is suspected of being diseased, the vehicle and every crate, box, hamper, loading board, rope, net or other apparatus used in connection with such conveyance (whether attached to or otherwise on the vehicle or not), shall, as soon as practicable after the animal or carcase is taken out of the vehicle, be cleansed and disinfected by and at the expense of the owner of, or the person using, or the person in charge of the vehicle, in the manner described in Article 29 of this Order"; and

( g ) the insertion of the following new article after Article 30:—

" 30A. Where a vehicle or a thing other than a vehicle, is required by these Regulations to be cleansed and disinfected and the requirement is not complied with, until the requirement is complied with the following provisions shall apply—

( a ) in case the requirement relates to a vehicle, no animal, carcase of an animal, fodder or litter, and no other thing intended to be used for or about an animal, shall be put in or placed on the vehicle,

( b ) in case the requirement relates to a thing other than a vehicle, the thing shall not be used.".

5. The Transit of Animals Order, 1927 (Swine Fever) (Amendment) Order, 1958 ( S.I. No. 65 of 1958 ), is hereby revoked.

6. In Article 17 of the Carriage of Pigs by Road Order, 1967 ( S.I. No. 25 of 1967 ), the words "by the Transit of Animals Order, 1927 (Swine Fever) (Amendment) Order, 1958 ( S.I. No. 65 of 1958 )" are hereby revoked.

GIVEN under my Official Seal this 11th day of January, 1973.

JAMES GIBBONS,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Order requires that every vehicle and its equipment used for the movement of animals (including horses) by road shall except in certain circumstances as prescribed in the Order be cleansed and disinfected after each occasion on which they are so used.