S.I. No. 56/2001 - Diseases of Animals (Restriction of Movement of Animals) Order, 2001

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 , 13 , 46 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )) hereby order as follows:

1.     This Order may be cited as the Diseases of Animals (Restriction of Movement of Animals) Order, 2001.

2.     In this Order-

“animal” means a member of the bovine, ovine, caprine or porcine species or any other biungulate;

“authorised officer” means-

(i)      a person appointed for the time being by the Minister in writing to be an authorised officer for the purposes of this Order, or

(ii)      an authorised person or inspector within the meaning of the Diseases of Animals Act, 1966 (No. 6 of 1966);

“the Minister” means the Minister for Agriculture, Food and Rural Development.

3. (i) With effect from 6 March 2001 the transport by road of any animal to which this Order applies is hereby prohibited unless the animal is moved directly from holding of origin to slaughter under and in accordance with, and is accompanied by, a permit issued by or caused to be issued by the Minister.

(ii) The transport by road of any animal to which this Order applies, to any other destination, is hereby prohibited unless this animal is moved under and in accordance with, and is accompanied by, a permit issued by or caused to be issued by the Minister.

4. In case a permit has been granted for the purposes of this Order by, or on behalf of, the Minister, the person who is in charge of an animal to which the permit relates shall have the permit in his possession.

5. In case a condition attached to a permit granted for the purposes of this Order specifies a place to which animals are to be moved, the animals to which the permit relates shall, save as may be otherwise provided by the condition, forthwith be moved directly to that place and shall; while in transit thereto, neither be detained with nor be allowed to mix with other animals to which this Order applies.

6. A person having in his possession pursuant to this Order a permit shall, on demand made by a member of the Garda Siochana or an authorised person, produce it for inspection by such member or authorised person.

7. (a) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence under this Order, a member of the Garda Siochana may without warrant stop and detain him; and, if his name and address are not known to that member, and that person fails to give them to the satisfaction of the member, the member may without warrant arrest him; and the member may, whether so stopping or detaining or apprehending the person or not, stop, detain, and examine any animal to which the offence or suspected offence relates.

(b) If any person obstructs or impedes or assists to obstruct or impede a member of the Garda Siochana in the execution of this Order the member may without warrant arrest the offender.

8.  Where an animal to which this Order applies is moved other than in accordance with the provisions of this Order a member of the Garda Siochana may seize, detain and arrange for slaughter of the animal in accordance with procedures laid down by the Minister.

9.  A person in breach of this Order shall be guilty of an offence.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prohibits the transport by road of any cattle, sheep, swine or pigs or any other cloven-footed animals except under permit. Animals while in transit must be accompanied by the permit.