S.I. No. 257/1963 - Bovine Tuberculosis (Control of Movement) Order, 1963.


S.I. No. 257 of 1963.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT) ORDER, 1963.

ARRANGEMENT OF ARTICLES

Article

1. Short title and commencement.

2. Definitions.

3. Restriction on movement of certain cattle.

4. Examination of certain cattle at checkpoints.

5. Restriction on movement from a checkpoint of cattle moved from a place in the area.

6. Restriction on movement from a checkpoint of cattle moved from a place in an attested area.

7. Inspection of documents.

8. Examination of cattle by authorised officers.

9. Compliance with conditions of permit.

10. Saver.

11. Amendment of Bovine Tuberculosis (Attested Area) Order, 1960.

12. Amendment of Bovine Tuberculosis (Control of Movement) Order, 1962.

SCHEDULE

S.I. No. 257 of 1963.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT) ORDER, 1963.

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 (Control of Movement) Order, 1963.

(2) This Order shall come into operation on the 1st day of January, 1964.

2 Definitions.

2. In this Order—"the area" means such area as consists of—

(a) the administrative counties of Cork, Kerry, Kilkenny, Tipperary North Riding, Tipperary South Riding and Waterford,

(b) the county boroughs of Cork and Waterford,

(c) the administrative county of Limerick, exclusive of the part thereof lying north of the river Shannon, and

(d) the county borough of Limerick, exclusive of the part thereof lying north of the river Shannon;

"attested area" means an area declared by an Order of the Minister to be an area in which bovine tuberculosis is virtually non-existent;

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

"checkpoint" means the place on each specified route for the production and examination of cattle moved by that route and specified in the Schedule to this Order as a checkpoint;

"the Minister" means the Minister for Agriculture;

"specified route" means a route specified in the Schedule to this Order.

3 Restriction on movement of certain cattle.

3.—(1) Cattle being moved otherwise than by rail either from the area into an attested area or from an attested area into the area shall not be so moved except by a specified route.

(2) Cattle referred to in the foregoing paragraph shall not be moved over any part of a specified route during a day or at a time other than the days and times specified in the Schedule to this Order opposite the mention of that route.

4 Examination of certain cattle at checkpoints.

4. Every person in charge of cattle being moved by a specified route either from the area into an attested area or from an attested area into the area shall produce the cattle for examination by an authorised officer at the checkpoint on the specified route.

5 Restriction on movement from a checkpoint of cattle moved from a place in the area.

5.—(1) Subject to paragraph (2) of this Article, cattle which have been moved from a place in the area and produced for examination at a checkpoint shall not be moved—

(a) in case the checkpoint is in the area, into an attested area, or

(b) in case the checkpoint is in an attested area, from the checkpoint (other than into the area along the specified route),

except under permit under this Article.

(2) Where the cattle referred to in paragraph (1) of this Article are cattle (other than attested cattle) which are of a herd in respect of which identity cards have been issued by the Minister, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.

(3) An authorised officer may, at his discretion but subject to the cattle concerned being examined by him, issue permits for the purposes of this Article.

6 Restriction on movement from a checkpoint of cattle moved from a place in an attested area.

6.—(1) Subject to paragraph (2) of this Article, cattle which have been moved from a place in an attested area and produced for examination at a checkpoint shall not be moved—

(a) in case the checkpoint is in that attested area, into the area, or

(b) in case the checkpoint is in the area, from the checkpoint (other than into that attested area along the specified route),

except under permit under this Article.

(2) Where the cattle referred to in paragraph (1) of this Article are cattle which are of a herd in respect of which identity cards have been issued by the Minister, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.

(3) Where the cattle referred to in paragraph (1) of this Article are cattle being moved direct to 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, the premises in which and the period within which the cattle are intended to be slaughtered shall be specified in the permit.

(4) Where the cattle referred to in paragraph (1) of this Article are cattle being moved direct for export by sea from the county borough of Cork or Waterford, the period within which the cattle are intended to be so exported shall be specified in the permit.

(5) An authorised officer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purposes of this Article.

7 Inspection of documents.

7. A person having in his possession any permit issued pursuant to this Order shall on demand made by a member of the Garda Síochána or an authorised officer or an officer authorised for the purposes of the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), or the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), produce the permit for inspection by such member or officer.

8 Examination of cattle by authorised officers.

8. An authorised officer may examine any cattle produced for examination at a checkpoint and may make any enquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

9 Compliance with conditions of permit.

9. The conditions specified in any permit issued under this Order shall be complied with.

10 Saver.

10. The requirements of this Order are in addition to, and not in substitution for, requirements of the Bovine Tuberculosis (Attested Area) Order, 1960, and the Bovine Tuberculsois (Control of Movement) Order, 1962.

11 Amendment of Bovine Tuberculosis (Attested Area) Order, 1960.

11. The Bovine Tuberculosis (Attested Area) Order, 1960, is hereby amended as follows:

(a) in Article 13—

(i) the following paragraph shall be inserted after paragraph (1A):

"(1B) Subject to paragraphs (lA), (3) and (4) of this Article, cattle of the classes referred to in paragraph (1) of this Article may be moved into the area by rail under permit under this Article.",

(ii) "under permit under this Article" shall be deleted wherever those words occur in paragraphs (1), (1A) and (4),

(iii) "(1A) and (4)" shall be substituted for "(2), (3) and (4)" in paragraph (1),

(iv) paragraph (2) shall be deleted,

(v) the following paragraph shall be substituted for paragraph (5):

" (5) An authorised officer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purposes of this Article.";

(b) in paragraph (1) of Article 14 "under permit" shall be deleted;

(c) in Article 15 the following shall be deleted:

(i) "(3)," in paragraph (2),

(ii) paragraph (3);

(d) in Article 27 (inserted by the Bovine Tuberculosis (Attested Area) (Amendment) (No. 5) Order, 1961 ( S.I. No. 228 of 1961 )) paragraph (3) shall be deleted.

12 Amendment of Bovine Tuberculosis (Control of Movement) Order, 1962.

12. The Bovine Tuberculosis (Control of Movement) Order, 1962, is hereby amended as follows:

(a) in Article 3",other than cattle from a clear herd," shall be deleted;

(b) in Article 4—

(i) the following paragraph shall be inserted after paragraph (1):

"(1A) (a) Subject to paragraphs (2), (3) and (5) of this Article, cattle of the classes referred to in paragraph (1) of this Article may be moved into the area by rail under permit under this Article.

(b) Where cattle referred to in subparagraph (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, the premises in which and the period within which the cattle are intended to be slaughtered shall be specified in the permit.

(c) Where cattle referred to in subparagraph (e) of paragraph (1) of this Article are being moved into the area under permit under this Article, the period within which the cattle are intended to be exported shall be specified in the permit.";

(ii) "under permit under this Article" shall be deleted wherever those words occur in paragraphs (1) and (2);

(iii) "(2), (3) and (5)" shall be substituted for "(2), (3), (4) and (5)" and "otherwise than by rail" shall be inserted after "moved into the area" in paragraph (1);

(iv) "in such premises within such period as may be specified in the permit" shall be deleted from subparagraph (d) of paragraph (1);

(v) "within such period as may be specified in the permit" shall be deleted from sub-paragraph (e) of paragraph (1);

(vi) the following paragraph shall be substituted for paragraph (3):

"Where cattle referred to in paragraph (1) of this Article are cattle which are of a herd in respect of which identity cards have been issued by the Minister and the cattle are being moved into the area under permit under this Article, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.";

(vii) paragraph (4) shall be deleted;

(viii) the following paragraph shall be substituted for paragraph (6):

"(6) An authorised officer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purposes of this Article."

ARTICLE 3.

SCHEDULE

Routes and times for the movement (otherwise than by rail) of cattle either from the area into an attested area or from an attested area into the area.

Route

Checkpoint

Days and Times.

The main road to Bridge Street, Portumna, County Galway, from the junction (in County Tipperary North Riding) outside Portumna of the main roads from Borrisokane, County Tipperary North Riding and Birr, County Offaly.

Portumna Bridge, Portumna

8 a.m. to 12 midnight, Monday to Saturday.

The main road to Birr, County Offaly, from the junction (in County Tipperary North Riding) of the main roads from Borrisokane, County Tipperary North Riding and Portumna, County Galway.

Riverstown, Birr

Any time on any day.

The main road to Dunkerrin, County Offaly from Toomyvara, County Tipperary North Riding.

Moneygall

12 noon to 8 p.m., Monday to Saturday.

The main road to Birr, County Offaly from Roscrea, County Tipperary North Riding.

Roscrea

Any time on any day.

The main road to Kinnitty, County Offaly from Roscrea, County Tipperary North Riding.

Roscrea

Any time on any day.

The main road to Borris-in-Ossory, County Laoighis, from Roscrea, County Tipperary North Riding.

Roscrea

Any time on any day.

The main road to Cullohill, County Laoighis, from Johnstown, County Kilkenny.

Cullohill

Any time on any day.

The main road to Newtown, County Laoighis, from Crettyard, County Kilkenny.

Crettyard

8 a.m. to 12 midnight, Monday to Saturday.

The main road to Leighlinbridge, County Carlow, from Kilkenny.

Paulstown (Royal Oak)

8 a.m. to 12 midnight, Monday to Saturday.

The main road to New Ross, County Wexford from Waterford.

New Ross

8 a.m. to 12 midnight, Monday to Saturday.

The road to Ennis Road, Limerick from Sarsfield Street, Limerick via Sarsfield Bridge.

O Callaghan Strand, Limerick.

Any time on any day.

GIVEN under my Official Seal, this 16th day of December, 1963.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order prohibits the movement of cattle by road from the Clearance Area (comprising the 6 Southern Counties of Cork, Kerry, Kilkenny, Limerick, Tipperary and Waterford) into the attested Area (comprising all the other 20 counties), or from the Attested Area into the Clearance Area, except under permit and through certain checkpoints at specified times. The Order also amends the Bovine Tuberculosis (Attested Area) Order, 1960 and the Bovine Tuberculosis (Control of Movement) Order, 1962 to provide that the permits previously issuable under those Orders for movement of cattle by road and rail will in future be issuable in respect of movement by rail only.