S.I. No. 199/2001 - The Diseases of Animals Act, 1966 (Foot-And-Mouth Disease) (Restriction on Movement of Horses) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development in exercise of the powers conferred on me by sections 3 and 13 of the Diseases of Animals, Act, 1966 (No 6 of 1966) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )), hereby order as follows: -

1.   This Order may be cited as the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Movement of Horses) Order, 2001.

2.   In this Order —

“authorised officer” means a person authorised pursuant to section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act, 2001 (No. 3 of 2001)) of the Diseases of Animals Act, 1966 (No. 6 of 1966);

“authorised racecourse” has the same meaning as in the Irish Horseracing Industry Act, 1994 (No. 18 of 1994);

“horse” means a member of the equine species;

“licence” means a licence granted under Article 4;

“other animal” means a member of the bovine, ovine, caprine, or porcine species or any other biungulate;

“race meeting” has the same meaning as in the Irish Horseracing Industry Act, 1994 (No. 18 of 1994).

3. (1) A person shall not move a horse by road from the premises where it is situated to another place save under and in accordance with a licence.

(2) A person who moves a horse by road shall have the licence relating to the horse in his or her possession.

4. (1) The Minister may for the purposes of this Order grant a licence or cause a licence to be granted by a person designated by the Minister.

(2) Subject to paragraph (6) of this Article, the Minister or a person by whom the Minister causes a licence to be granted may —

(a) grant a licence and attach conditions thereto, or

(b) refuse an application.

(3) Without prejudice to paragraph (2) of this Article, a person may only move a horse in respect of which a licence is granted directly from the place named on the licence to another place named on the licence and the person shall not cause or permit the horse to be detained or mixed with other animals unless this is specifically provided for by a licence condition.

(4) Where an authorised officer, member of an Garda Siochana or officer of Customs and Excise has reasonable cause to suspect that a person is moving a horse or has moved a horse, he or she may request the person to produce the licence granted in respect of the horse to the officer or member and the person shall produce the licence.

(5) A permit granted under the Foot and Mouth (Restriction on Movement of Horses) Order, 2001 ( S.I. No. 68 of 2001 ) in force immediately before the making of this Order shall have effect as if it was a licence granted under paragraph (2) of this Article.

(6) The Minister or a person by whom the Minister causes a licence to be granted shall not grant a licence save for one of the following reasons, that is to say, -

(a) to facilitate foaling,

(b) to facilitate breeding,

(c) to facilitate emergency veterinary procedures that cannot be undertaken at the place where the horse is located,

(d) to facilitate the import or export of a horse, save for the import of a horse from countries or regions where the movement of horses is prohibited,

(e) to permit a horse to be moved to or from an authorised racecourse to participate in, or return from, a race meeting,

(f) to facilitate attendance at such other sporting event as may be specified, or

(g) any other exceptional reason approved by the Minister.

5. (1) Subject to paragraph (2) of this Article, the Foot and Mouth (Restriction on Movement of Horses) Order, 2001 ( S.I. No. 68 of 2001 ) is revoked.

(2) A reference to the Order revoked by paragraph (1) of this Article shall be construed as a reference to this Order.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prohibits the movement of horses save under licence.