S.I. No. 198/2001 - The Foot and Mouth (Restriction on Movement) (No. 5) Order 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 13 of the Diseases of Animals Act, 1966 (No. 6 of 1966), and Article 41 of the Foot and Mouth Disease Order, 1956 ( S.I. No.324 of 1956 ) (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 Foot and Mouth (Restriction on Movement) (No.5) Order, 2001.

2        (1)      In this Order —

“agricultural equipment” includes a vehicle, machinery or other equipment used or likely to be used on a farm;

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

“area” means that part of the county of Louth that lies north of the national road known as the N53 and that part of the county of Louth that lies east of a line drawn northwards along the road known as the N1 from its junction with the said N53 at Dundalk;

“licence” means a licence granted under Article 8;

“public place” and “public road” have the same meaning as in the Road Traffic Act, 1961 (No. 24 of 1961);

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“supply” includes giving without payment.

(2)      A reference in this Order to an Article is a reference to an Article of this Order, unless it is indicated that a reference to some other Order is intended.

3.                 A person shall not move an animal, fodder, slurry or agricultural equipment into the area save under and in accordance with a licence.

4.                 A person shall not move an animal, fodder, slurry or agricultural equipment from the area save under and in accordance with a licence.

5.        (1)    A person shall not move an animal, fodder, slurry or agricultural equipment from one place within the area to another place within the area save under and in accordance with a licence.

(2)          Paragraph (1) shall not apply to the movement of an animal or fodder from one part of a holding to another where such movement does not involve passage through a public place or on a public road.

6.                 A person shall not spread or otherwise apply slurry on any land other than under and in accordance with a licence.

7.                 A person shall not have in his possession or under his control, sell or supply an animal, fodder, slurry or agricultural equipment that has been moved in contravention of Article 4,5, or 6.

8.        (1)    The Minister or a person designated by the Minister may, on application being made in writing in that behalf by the owner of an animal or agricultural equipment, grant a licence authorising the-

(a) movement of an animal, fodder, slurry or agricultural equipment within the area,

(b) movement of an animal, fodder, slurry or agricultural equipment from a place within the area to a place outside the area,

(c) movement of an animal, fodder, slurry or agricultural equipment from a place outside the area (other than a place in the United Kingdom) to a place inside the area,

(d) transit of an animal fodder, slurry or agricultural equipment directly through the area by rail, or

(e) spreading of slurry on land.

(2)                An application for a licence under this Article shall contain such information as the Minister or a person designated by him or her may request.

(3)                A licence under this Article shall be subject to such conditions as the Minister or a person designated by him or her may require.

(4)      The Minister or a person designated by him or her shall not issue a licence under this Article if he has reasonable grounds to consider that there may be a risk to animal health.

(5)                A person shall not move an animal, slurry or agricultural equipment in respect of which a licence has been granted unless the licence accompanies the animal, slurry or agricultural equipment.

9.                 The Foot and Mouth (Restriction on Movement) (No.4) Order, 2001 ( S.I. No. 63 of 2001 ) and The Foot and Mouth (Restriction on Movement) (No.4) (Amendment) Order, 2001 ( S.I. No. 91 of 2001 ) are revoked.

EXPLANATORY NOTE

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

The effect of this Order is to restrict the movement of animals or produce in part of County Louth.