S.I. No. 327/1980 - Warble Fly Order, 1980.

S.I. No. 327 of 1980.

WARBLE FLY ORDER, 1980.

I, RAY MacSHARRY, Minister for Agriculture, in exercise of the powers conferred on me by sections 3 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. (1) This Order may be cited as the Warble Fly Order, 1980.

(2) The Principal Order and this Order may be cited together as the Warble Fly Orders, 1978 and 1980.

(3) The Principal Order and this Order shall be construed together as one.

2. In this Order—

"current certificate of treatment" means a certificate of treatment which has been issued, on a date not earlier than the 15th day of August 1980;

"exempted area" means the area specified in the Schedule to this Order;

"the Principal Order" means the Warble Fly Order, 1978 ( S.I. No. 231 of 1978 ).

3. Subject to Article 5 of this Order, an animal to which this Order applies shall not, except under and in accordance with a licence issued by the Minister, be moved into or out of the exempted area unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.

4. (1) Subject to Article 5 of this Order, an animal to which this Order applies shall not be offered or exposed for sale at any place, other than a place in the exempted area, except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.

(2) Subject to Article 5 of this Order, an animal to which this Order applies shall not be sold in the exempted area except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession at the time of the sale a current certificate of treatment or an exemption certificate issued in relation to the animal.

(3) The person in charge of a public sale held at any place, other than a place in the exempted area, shall ensure that any animal to which this Order applies is not accepted for sale on the premises where such sale is to take place unless it is accompanied by a licence or other document specified in paragraph (1) of this Article.

(4) The person in charge of a public sale held at any place in the exempted area shall ensure that any animal to which this Order relates is not sold on the premises where such sale is to take place unless at the time of its sale it is accompanied by a licence or other document specified in paragraph (2) of this Article.

5. During the period beginning on the commencement of this Order and ending on the 31st day of October, 1980, this Order shall have effect subject to the following modifications, namely, Articles 3 and 4 hereof shall both be construed and have effect as if "current" were deleted.

6. Paragraph (1) of Article 5 of the Principal Order shall cease to have effect as regards the exempted area, and in so far as it applies to the exempted area paragraph (2) of the said Article 5 shall be construed and have effect as if for "paragraph (1) of this Article" there were substituted "Articles 3 and 4 of the Warble Fly Order, 1980".

7. The Principal Order is hereby amended by—

( a ) the insertion of "or C" after "Form B" in the definition of "exemption certificate" in Article 3, and the said definition, as so amended, is set out in the Table to this Article and

( b ) the addition to the Schedule of the following:

FORM C

An Roinn Talmhaíochta

Warble Fly Eradication Scheme, 19

EXEMPTION CERTIFICATE

This is to certify that the above animals are exempted from treatment under the Warble Fly Eradication Scheme, 19 .

TABLE

"exemption certificate" means a certificate in the form of Form B or C in the Schedule to this Order and signed by an officer of the Minister, the period of validity of which has not expired;

SCHEDULE

Administrative County of Donegal

GIVEN under my Official Seal, this 28th day of October, 1980.

RAY MacSHARRY,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order—

( a ) Provides for the exemption from 16th November, 1980 of herdowners whose herds are located in County Donegal from the requirement of having their eligible cattle accompanied by certificates of treatment for warbles.

( b ) Provides that from the 1st November 1980 all cattle to which the Order applies which are moved out of County Donegal must be accompanied by an Exemption Certificate as prescribed.

( c ) Provides that from 1st November, 1980 all cattle to which the Order applies which are exposed or offered for sale, or which are moved into County Donegal must be accompanied by a current certificate of treatment for warbles or an exemption certificate or a licence issued under the Order.

( d ) Provides that from 1st November, 1980 the person in charge of a public sale must ensure that all cattle to which the Order applies are accompanied by a current treatment certificate or an exemption certificate or a licence issued under the Order.