S.I. No. 57/1960 - Bovine Tuberculosis (Movement Control) (Amendment) Order, 1960.

S.I. No. 57 of 1960.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (AMENDMENT) ORDER, 1960.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), order as follows :

1 Short title collective citation and commencement

1.—(1) This Order may be cited as the Bovine Tuberculosis (Movement Control) (Amendment) Order, 1960.

(2) The Bovine Tuberculosis (Movement Control) Orders, 1958 and 1959, and this Order may be cited together as the Bovine Tuberculosis (Movement Control) Orders, 1958 to 1960.

(3) This Order shall come into operation on the 28th day of March, 1960.

2 Movement control—Longford

2.—(1) In the definition of " the area " contained in Article 2 of the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958 ( S.I. No. 170 of 1958 ), as amended by the orders specified in the next paragraph, there is hereby inserted—

(a) " Longford " after " Leitrim ", and

(b) " and that part of the administrative county of Westmeath lying west of the River Shannon and that part of the administrative county of Westmeath lying west of the River Inny " after " River Shannon ".

(2) The orders referred to in the foregoing paragraph are the Bovine Tuberculosis (Movement Control) (Cavan and Monaghan) Order, 1959 ( S.I. No. 116 of 1959 ), and the Bovine Tuberculosis (Movement Control) (Limerick) Order, 1959 ( S.I. No. 191 of 1959 ).

3 Further control on movement

3.—(1) The Article set out in the First Schedule to this Order is hereby inserted after Article 6 of the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958.

(2) The Parts set out in the Second Schedule to this Order are hereby inserted after Part II of the Schedule to the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958.

Article 3 (1).

FIRST SCHEDULE.

6A. (1) (a) Cattle (other than excepted cattle) shall not be moved from the area consisting of the administrative county of Longford and that part of the administrative county of Westmeath lying west of the River Inny (in this Article referred to as the first area) into the area consisting of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo and that part of the administrative county of Limerick lying north of the River Shannon and that part of the administrative county of Westmeath lying west of that River (in this Article referred to as the second area) except as provided for by the subsequent provisions of this Article.

(b) In subparagraph (a) of this paragraph " excepted cattle " means cattle which are being moved into the second area, through the first area from any place in the area consisting of the administrative counties of Cavan and Monaghan.

(2) Subject to paragraphs (3), (4), (5), (6) and (7) of this Article, cattle of the following classes may be moved from the first area into the second area under permit under this Article :

(a) cattle coming directly from an accredited herd,

(b) cattle coming directly from a show or sale the holding of which has been approved of by the Minister,

(c) cattle which, during the period of 60 days ending immediately before the day of their entry into the second area, have been tested with tuberculin and have passed that test and have not subsequently failed a test with tuberculin,

(d) calves under 14 days old,

(e) fat cattle intended for slaughter within the period of 10 days beginning on the day of their entry into the second area,

(f) cattle which have been tested with tuberculin within the second area, have passed that test and are returning to the second area within the period of 48 hours beginning at the time when they left the second area.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved from the first area into the second area, the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an accredited herd and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article are being moved from the first area into the second area, the person in charge of the cattle shall have in his possession—

(a) if the cattle are from an accredited herd, documents establishing that the cattle are from an accredited herd and authorising their movement from the place from which they came, and

(b) if the cattle are not from an accredited herd, either—

(i) a certificate issued by a registered veterinary surgeon certifying that, during the period of 14 days ending immediately before the day of their entry to the second area, the cattle passed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or

(ii) a market clearance certificate under the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, in respect of the cattle.

(5) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article are being moved from the first area into the second area, the person in charge of the cattle shall have in his possession a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the period of 60 days ending immediately before the day of their entry into the second area and have passed that test.

(6) Where cattle referred to in subparagraph (f) of paragraph (2) of this Article are being moved from the first area into the second area, the person in charge of the cattle shall have in his possession a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the second area and have passed that test.

(7) The conditions specified in a permit under this Article shall be complied with.

(8) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article :

(a) an authorised officer,

(b) an inspector of the Gárda Síochána or member thereof of lower rank.

(9) The application for a permit under this Article shall be in the form set out in Part III of the Schedule to this Order and the permit itself shall be in the form set out in Part IV of that Schedule.

(10) The application for a permit under this Article and the permit itself shall be contained in the one document, the application being on one side of the document and the permit on the other.

(11) A person having in his possession pursuant to this Article any documents shall, on demand made by a member of the Gárda Síochána or an authorised officer, produce the documents for inspection by such member or officer.

(12) (a) Subject to subparagraph (d) of this paragraph, cattle may be moved from the first area into the second area under licence under this paragraph.

(b) The Minister may, at his absolute discretion, issue licences for the purposes of this paragraph.

(c) Where the Minister issues a licence under this paragraph, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the second area) which he considers appropriate.

(d) The conditions specified in a licence under this paragraph shall be complied with.

Article 3 (2).

SECOND SCHEDULE.

PART III.

DISEASES OF ANIMALS (BOVINE TUBERCULOSIS) ACT, 1957 .

Movement from the area consisting of the administrative county of Longford and that part of the administrative county of Westmeath lying west of the River Inny into the area (hereinafter referred to as the Western Area) consisting of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo and that part of the administrative county of Limerick lying north of the River Shannon and that part of the administrative county of Westmeath lying west of that River.

APPLICATION FOR MOVEMENT PERMIT.

I,............................................................ ............ of............................................................ ....................

............................................................ ............................................................ .......................................

hereby apply for a permit to move .......... head of cattle, as described in the following Schedule, into the Western Area in motor vehicle Registered No.........., and I intend to dispose of them at........................

............................................................ ............................................................ .........................................................

SCHEDULE.

Type of Cattle.

Category

A—Cattle, coming directly from an accredited herd, which are accompanied by documents establishing their status and authorising their movements from the place from which they came.

B—Cattle, coming directly from a show or sale the holding of which has been approved of by the Minister, which are accompanied by—

(a) if the cattle are from an accredited herd, documents establishing that the cattle are from an accredited herd and authorising their movement from the place from which they came, and

(b) if the cattle are from an accredited herd, either—

(i) a certificate issued by a registered veterinary surgeon certify that, during the period of 14 days ending immediately before the day of their entry to the Western Area, the cattle passed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or

(ii) a market clearance certificate under the Bovine Tubercolisis (14-Day Test) Orders, 1958 to 1960, in respect of the cattle.

C—Cattle which, during the period of 60 days ending immediately before the day of their entry into the Western Area, hae been tested with turberculin and have passed that test and have not subsequently failed a test with tuberculin and which are accompanied by a certificate issued by a registered veterinary surgeon certifying that they have been tested with tuberculin within the said period of sixty days and have passed that test.

D—Calves under 14-days old.

E—Fat cattle for slaughter within the period of 10 days beginning on the day of their entry into the Western Area.

F—Cattle which have been tested with tuberclin within the Western Area, have passed that test and are returning to the Western Area within the period of 48 hours beginning at the time when they left the Western Area, and which are accompanied by a certificate issued by a registered veterinary surgeon certifying that they have been tested with tuberculin within the Western Area and have passed that test.

DESCRIPTION AND PARTICULARS OF DISPOSAL OF EACH ANIMAL.

Signature of applicant.......................................Date...........................

I declare that the animals described above have been disposed of as indicated above.

Signature of Permit-holder.................................Date...........................

PART IV.

MOVEMENT PERMIT.

The application overleaf is hereby granted, subject to the conditions specified below.

CONDITIONS.

1. Cattle shall be marked for purposes of identification. In the case of calves under 14 days old, a raddle or other temporary mark will suffice.

2. Fat cattle for immediate slaughter shall be disposed of directly at the premises stated in the application for the permit. They shall not, unless otherwise eligible to enter the Western Area, be permitted to come into contact with other cattle while in the Western Area. They shall, while awaiting slaughter, be kept on premises approved of by the Minister under Article 8 of the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958. On these premises, but not otherwise, they may come in contact with other fat cattle for immediate slaughter.

3. There shall be recorded as provided for overleaf—

(a) the name and full postal address of each recipient of cattle, and

(b) in the case of cattle delivered into a herd, the Herd No. allotted by the Minister to the herd.

4. The declaration provided for overleaf shall be made and signed by the holder of the permit.

5. The person in charge of the cattle shall have this permit in his possession until completion of the disposal of the cattle in the Western Area. He shall, on demand made by a member of the Gárda Síochána or an authorised officer, produce the permit for inspection by such member or officer. Within 24 hours after completion of the disposal, this permit shall be sent by post to the Secretary, Department of Agriculture, Dublin.

GIVEN under my Official Seal, this 15th day of March, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is—

(1) to extend to County Longford and those parts of Co. Westmeath lying west of the Rivery Inny and west of the River Shannon, with effect from 28th March, 1960, from which date these areas become Clearance Areas, the provisions of the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958, which prohibits the movement except under permit, of cattle into areas declared to be clearance areas ; specifies the classes of cattle for which such permits shall be granted and regulates the movement of cattle into and out of herds within those areas, and

(2) to prohibit the movement, except under permit, of cattle from Co. Longford and that part of Co. Westmeath lying west of the River Inny into the Western Clearance Area, consisting of counties Clare, Donegal, Galway, Leitrim, Mayo, Roscommon, Sligo, the portion of Co. Limerick lying north of the River Shannon and the portion of Co. Westmeath lying west of that River, and specifies the classes of cattle for which such permits shall be granted.