S.I. No. 248/1960 - Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960.

S.I. No. 248 of 1960.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (No. 3) ORDER, 1960.

ARRANGEMENT OF ARTICLES.

Article

1. Short title and commencement.

2. Definitions.

3. General restriction on movement into the area.

4. Permits for movement into the area.

5. Movement into and out of approved premises.

6. Movement into and out of herds.

7. Licences for movement into the area or into herds in the area.

8. Inspection of documents.

9. Examination of cattle by authorised officers.

10. Production by authorised officer of appointment.

11. Compliance with conditions of permits.

12. Revocation and amendment.

S.I. No. 248 of 1960.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (No. 3) 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), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows:

1 Short title and commencement.

1.—(1) This Order may be cited as the Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960.

(2) This Order shall come into operation on the 12th day of December, 1960.

2 Definitions.

2. In this Order—

"the area", except in subparagraph (a) of paragraph (3) of Article 4 and where occurring secondly and thirdly in subparagraph (a) of paragraph (4) of Article 6, means such area as consists of the administrative counties of Cavan, Longford, Monaghan and that part of the administrative county of Westmeath lying west of the River Inny;

"attested" means, in relation to an animal, that it is—

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an attested area;

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;

"clear herd" means a herd of cattle which has had at least two successive clear tests (that is to say, tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by order of the Minister to be a clearance area;

"the Minister" means the Minister for Agriculture.

3 General restriction on movement into the area.

3. Cattle shall not be moved into the area except as provided for by this Order.

4 Permits for movement into the area.

4.—(1) Subject to paragraphs (2) and (3) of this Article, cattle of the following classes may be moved into the area under permit under this Article:

(a) attested cattle,

(b) cattle (other than attested cattle) which come from a clear herd in respect of which identity cards have been issued by the Minister,

(c) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test,

(d) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit.

(2) Where cattle referred to in subparagraph (a) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(3) Where cattle referred to in subparagraph (c) of paragraph (1) of this Article are moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178 of 1960 ), as amended by the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960 ( S.I. No. 218 of 1960 ), or in the area as defined in the Bovine Tuberculosis (Attested Area) Order, 1960—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960,

(ii) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(4) 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 Garda Síochána or member thereof of lower rank,

(c) an officer of customs and excise,

(d) A preventive officer at a customs or frontier post.

5 Movement into and out of approved premises.

5.—(1) Where cattle referred to in subparagraph (c) of paragraph (1) of Article 4 of this Order are moved into the area under permit—

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose,

(b) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer,

(c) unless the cattle are disposed of before the expiration of the period of validity of the veterinary certificate or the market clearance certificate which accompanied them, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin and have passed the test,

(d) the owner of such cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear-tag numbers of the animals and the manner of disposal.

(2) The Minister, at his discretion, may grant and revoke approvals of premises for the purposes of this Article and any such approval may be granted—

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

(3) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

(4) This Article shall not apply to cattle moved into the area by a herd-owner resident in the area which are moved into isolation fn the herd-owner's own herd.

6 Movement into and out of herds.

6.—(1) Cattle shall not be moved into a herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3) and (4) of this Article, cattle of the following classes may be moved into a herd in the area:

(a) attested cattle,

(b) cattle from a clear herd in the area,

(c) cattle (other than attested cattle) from a clear herd not in the area in respect of which identity cards have been issued by the Minister indicating that the cattle are from a clear herd,

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test,

(e) cattle (other than attested cattle) from a herd in the area (other than a clear herd), being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test.

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

(4) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the area or in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, as amended by the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960, or in the area as defined in the Bovine Tuberculosis (Attested Area) Order, 1960—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960,

(ii) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(5) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article have been moved into a herd in the area—

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been subjected to a test with tuberculin arranged by the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except from other cattle which have been moved into isolation in the herd).

(6) Where, at any test with tuberculin of any cattle in a herd in the area, any animal fails to pass the test—

(a) no animal shall, except under permit under this Article, be moved out of the herd,

(b) where, by reference to a subsequent test, a veterinary inspector becomes satisfied, and so informs the owner or person in charge of the herd, that the herd is free from tuberculosis, the restriction on movement under this paragraph shall cease.

(7) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

7 Licences for movement into the area or into herds in the area.

7.—(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved into the area or into a herd in the area under licence under this Article.

(2) The Minister may, at his discretion, issue licences for the purposes of this Article.

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

8 Inspection of documents.

8. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer.

9 Examination of cattle by authorised officers.

9. An authorised officer may examine any cattle being moved into the area or into or out of premises approved of under this Order or herds in the area, and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

10 Production by authorised officer of appointment,

10. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

11 Compliance with conditions of permits.

11. The conditions specified in any permit, approval or licence issued under this Order shall be complied with.

12 Revocation and amendment.

12.—(1) The Bovine Tuberculosis (Movement Control) (No. 2) Order, 1960 ( S.I. No. 186 of 1960 ), is hereby revoked.

(2) Article 12 of the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178 of 1960 ), is hereby amended by the deletion of "aged one year or over".

GIVEN under my Official Seal, this 8th day of December, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates the movement of cattle into Counties Cavan, Longford, Monaghan and the part of Co. Westmeath lying West of the River Inny and also the movement of cattle into and out of herds in those areas.