S.I. No. 277/1981 - European Communities (Restriction on Slaughter of Sheep) Regulations, 1981.
I, ALAN M. DUKES, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Decision No. 80/1227/EEC of 12 December, 19801 hereby make the following regulations: | ||||||||
1. (1) These Regulations may be cited as the European Communities (Restriction on Slaughter of Sheep) Regulations, 1981. | ||||||||
(2) These Regulations shall come into operation on the 24th day of August, 1981. | ||||||||
2. In these Regulations— | ||||||||
“authorised officer” means an officer appointed in writing by the Minister to be an authorised officer for the urposes of these Regulations, | ||||||||
“the Commission Regulation” means Commission Regulation (EEC) No. 2661/80 of 17 October, 19802 ; | ||||||||
“the Minister” means the Minister for Agriculture; | ||||||||
“variable premium clawback document” means a document recognised by the appropriate authority in the United Kingdom as documentary proof that the provisions of Article 4 of the Commission Regulation have been complied with as regards sheep. | ||||||||
3. These Regulations apply to the following premises, namely:— | ||||||||
(a) any slaughtering premises registered under the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930), | ||||||||
(b) any slaughter-house licensed or registered either under the Towns Improvement Clauses Act, 1847, or under that Act as extended by section 105 of the Public Health (Ireland) Act, 1878, or by section 4 of the Slaughter of Animals Act, 1935 (No. 45 of 1935), | ||||||||
(c) any slaughter-house owned or provided by the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town, | ||||||||
and such premises are in these Regulations subsequently referred to as slaughtering premises to which these Regulations apply. | ||||||||
4. (1) No sheep originating in the United Kingdom shall be slaughtered in any slaughtering premises to which these Regulations apply unless— | ||||||||
(a) prior to such slaughter an officer of the Minister is satisfied either— | ||||||||
(i) that the amount referred to in Article 4 (1) of the Commission Regulation has been paid in the United Kingdom in respect of the sheep, or | ||||||||
(ii) that a security referred to in Article 4 (2) of the Commission Regulation has been lodged in the United Kingdom in respect of the sheep, and | ||||||||
(b) notice of intention to slaughter the sheep has been received by the Minister and there has been at least one working day between the day on which such notice is so received and the day on which the sheep is or are slaughtered. | ||||||||
(2) (a) Where— | ||||||||
(i) sheep are slaughtered at slaughtering premises to which these Regulations apply, and | ||||||||
(ii) the person who brought, or caused to be brought, the sheep for such slaughter has in his possession or under his control a variable premium clawback document relating to the sheep, | ||||||||
he shall produce and surrender the document to either the proprietor of such slaughtering premises (or his agent) or an authorised officer. | ||||||||
(b) Where sheep are imported and the owner or person who is for the time being in control of the sheep has in his possession or under his control a variable premium clawback document relating to the sheep, he shall, on a request being made in that behalf by an authorised officer, produce and surrender the document to the officer. | ||||||||
(3) Where— | ||||||||
(a) a variable premium clawback document is produced and surrendered to an authorised officer, and | ||||||||
(b) the officer is satisfied that— | ||||||||
(i) the document has been both duly issued by a competent authority in the United Kingdom and properly completed, | ||||||||
and | ||||||||
(ii) the document relates to any one or more sheep which is or are intended for slaughter in a slaughtering premises to which these Regulations apply, and | ||||||||
(iii) either— | ||||||||
(I) such document has been so issued within the period of three days ending on the day on which it is so surrendered; or | ||||||||
(II) the sheep to which he is satisfied the document relates has or have been retained on a farm in the State following its or their importation and that, within the said period of three days, notice of the importation has been received by the Minister, | ||||||||
then the requirements of paragraph (1) of this Regulation shall be regarded as having been complied with as regards the sheep or each of the sheep, as may be appropriate. | ||||||||
(4) In this Regulation “working day” means any weekday, other than a Saturday, which is not a public holiday for the purposes of the Holidays (Employees) Act, 1973 (No. 25 of 1973). | ||||||||
5. An officer of customs and excise may seize any sheep introduced into the State which he reasonably believes will be slaughtered in contravention of these Regulations and the provisions of the Customs Consolidation Act, 1876, relating to the condemnation and disposal of goods seized under that Act shall apply and have effect in relation to all sheep seized under these Regulations as if the sheep had been seized under that Act. | ||||||||
6. (1) An authorised officer may (either alone or accompanied by such assistants as he thinks proper) at all reasonable times enter and inspect any premises to which these Regulations apply for the purpose of ascertaining— | ||||||||
(a) whether there is or has been in the premises any contravention of any provision of these Regulations, or | ||||||||
(b) the extent and nature of such contravention. | ||||||||
(2) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any power conferred by this Regulation, the officer shall if requested by any person affected, produce the certificate to that person. | ||||||||
(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and on summary conviction thereof shall be liable to a fine not exceeding £100. | ||||||||
7. (1) In case there is a contravention of Regulation 4 (1) of these Regulations, the proprietor of the slaughtering premises in which the contravention occurred shall be guilty of an offence and shall on summary conviction thereof be liable to a fine not exceeding £500. | ||||||||
(2) A person who fails to comply with the requirements of Regulation 4 (2) (a) or a request made under Regulation 4 (2) (b) of these Regulations shall be guilty of an offence and shall on summary conviction thereof be liable to a fine not exceeding £50. | ||||||||
| ||||||||
|
EXPLANATORY NOTE. | ||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||
The Regulations give effect to the EEC Commission Decision No. 80/1227/EEC which obliges Ireland to refuse authorisation to slaughter on its territory certain sheep originating in the United Kingdom. | ||||||||
