S.I. No. 201/2016 - Equidae (Change of Ownership) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2016.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 (1) of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following regulations:

1. These Regulations may be cited as the Equidae (Change of Ownership) Regulations 2016.

2. In these regulations, “Commission Regulation” means Commission Implementing Regulation (EU) 2015/262 of 17 February 20151 .

3. A word or expression that is used in Commission Regulation and that is also used in these Regulations has, in these Regulations, the same meaning as in the Commission Regulation.

4. Upon transfer of ownership of an equine to another person, the person transferring ownership shall give the identification document issued in respect of the equine to the new owner.

5. A person acquiring ownership of an equine shall—

(a) complete and sign a declaration, identifying that person, his or her address and contact details and including a statement that this person has acquired ownership of the equine, and

(b) forward the Declaration—

(i) within 30 days to the issuing body that issued the single lifetime identification document in respect of the equine, or

(ii) where the issuing body is located outside of the state, to the appropriate issuing body within the State

along with, where, the rules of the issuing body so require, the single lifetime identification document relating to the equine.

6. A record of the transfer of ownership of an equine shall be maintained by both the person transferring ownership and the person to whom ownership is transferred for a period of 5 years from the date of the transaction and be made available on request to an authorised officer.

7. An issuing body shall, on receipt of the declaration referred to in Regulation 6, record the details of the new owner—

(a) in the database of the issuing body, and

(b) no later than 15 days from the date of recording the information, furnish to the Minister the details of new ownership for the purpose of including the information in the central database.

8. A person shall not furnish information that is false, misleading or incomplete when making a declaration for the purposes of these Regulations.

9. A declaration under Regulation 6 shall be in a form and contain such information as the Minister may determine.

10. Regulations 4, 5, 6, 7 and 8 are penal provisions to which section 36 (4)(b) of the Animal Health and Welfare Act 2013 applies.

11. The Equidae (Transfer of Ownership) (No. 2) Regulations 2014 (S.I. 601 of 2014) are revoked.

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GIVEN under my Official Seal,

15 April 2016.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

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

These Regulations provide that new owners of equidae must register the change of ownership with a Passport Issuing Body located within the State, who are, in turn, required to record the new ownership on their database and to furnish the information for inclusion on the central database.

1 O.J. L. 59 of 03.03.2015, P.1