S.I. No. 189/2014 - Equidae (Transfer of Ownership) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th April, 2014.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013) and for the purpose, inter alia, of giving full effect to Commission Regulation (EC) No. 504/2008 of 6 June 20081 , hereby make the following regulations:

1. These Regulations may be cited as the Equidae (Transfer of Ownership) Regulations 2014 and come into operation on 1 July 2014.

2. A word or expression that is used in Commission Regulation (EC) No. 504/2008 of 6 June 2008 and that is also used in these Regulations has, in these Regulations, the same meaning as in the Commission Regulation.

3. An issuing body shall, when it issues a single lifetime identification document in respect of an equine, enter the name, address and contact details of the owner of the equine on the database operated by that body and in the central equine database.

4. Upon transfer of ownership of an equine to another person, the person transferring ownership shall—

(a) give the single lifetime identification document issued in respect of the equine to the new owner,

(b) make a declaration in writing that he or she has transferred ownership of the equine to the new owner,

(c) forward the declaration referred to in this Regulation to the person acquiring ownership of the equine.

5. A person acquiring ownership of an equine shall—

(a) complete and sign the declaration referred to in Regulation 4 (c), 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) within 30 days, forward the declaration to the issuing body that issued the single lifetime identification document in respect of the equine, 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 and be made available on request to an authorised officer.

7. An issuing body shall, on receipt of the declaration referred to in Regulation 4, enter the details of the new owner—

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

(b) in the central equine 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 4 shall be in a form and contain such information as the Minister may determine.

10. Regulations 3, 4, 5, 6, 7 and 8 are penal provisions to which section 36 (4)(b) of the Animal Health and Welfare Act 2013 applies.

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GIVEN under my Official Seal,

17 April 2014.

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 the Passport Issuing Body, who in turn are required to record the new ownership on their database and on the central equine database.

1 OJ No. L149, 7.6.2008, p.3