S.I. No. 308/2001 - Diseases of Animals Act, 1966 (Restriction on Movement of Certain Animals) (No. 2) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 , 5 , 27 (a) and 28 (a) 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 (Restriction on Movement of Certain Animals) (No. 2) Order, 2001 and shall come into operation on 18^th June, 2001.

2.       In this Order-

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

“approved assembly centre” means an assembly centre approved in accordance with Regulation 3 of the European Communities (Assembly Centres) Regulations, 2000 ( S.I. No. 257 of 2000 );

“assembly centre” has the same meaning as in Regulation 2 of the European Communities (Assembly Centres) Regulations, 2000 ( S.I. No. 257 of 2000 );

“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);

“holding” has the same meaning as in the National Beef Assurance Scheme Act, 2000 (No. 2 of 2000);

“licence” means a licence granted under Article 4 of this Order;

“mart” means a livestock mart licensed under section 3 of the Livestock Marts Act, 1967 (No. 20 of 1967);

“slaughterhouse” means either an establishment approved under Regulation 4 of the European Communities (Fresh Meat) Regulations, 1997 ( S.I. No. 434 of 1997 ), used for or in connection with the slaughter of animals or an abattoir to which the Abattoirs Act, 1988 (No. 8 of 1988), applies.

3.(1)  A person shall not move an animal by road from the premises where it is situated to a-

(a) slaughterhouse, or

(b) place other than a slaughterhouse,

except under and in accordance with a licence.

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

(3)    Paragraphs (1) and (2) of this Article and paragraph (3) of Article 4 shall not apply to the movement of a bovine animal consigned —

(a)              to a slaughterhouse,

(b)              to a mart,

(c)              from one part of a holding to another part of the same holding, or

(d)              for export through an approved assembly centre.

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

5.(1)     The Diseases of Animals Act, 1966 (Restriction on Movement of Certain Animals) Order, 2001 ( S.I. No. 121 of 2001 and Article 5 of the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Miscellaneous Amendments and Revocations) Order, 2001 ( S.I. No. 152 of 2001 ) are revoked.

(2)     This Order is in addition to and not in substitution for the Foot and Mouth (Restriction on Movement) (No. 6) Order, 2001 ( S.I. No. 195 of 2001 ).

EXPLANATORY NOTE

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

This order allows for sheep to move to a slaughterhouse or from one part of a holding to another part of the same holding without a licence.