S.I. No. 94/1976 - Rabies Order, 1976.


S.I. No. 94 of 1976.

RABIES ORDER, 1976.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3, 10, 12, 13, 14, 15, 26, 27, 28, 48, and 53 of the Diseases of Animals Act, 1966 (No. 6 of 1966) hereby, for the prevention of the spreading of rabies, order as follows:—

1. This Order may be cited as the Rabies Order, 1976.

2. (1) In this Order—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"animal" means an animal belonging to any of the orders of mammals specified in the first column of the First Schedule to this Order;

"cat" means an animal belonging to the species Felis catus of the order of mammals Carnivora;

"company" means a company within the meaning of the Companies Act, 1963 (No. 33 of 1963);

"declaration" means a declaration referred to in section 14 of the Act and, save where the context otherwise requires, declaring a place or area to be infected by rabies;

"dog" means an animal belonging to the species Canis familiaris of the order of mammals Carnivora;

"infected area" means an infected area for the purposes of the Act, being an area as regards which a declaration is made;

"infected place" means a premises for the time being declared to be an infected place by a notice served under Article 5 of this Order;

"premises" includes land, with or without buildings;

"zone" means a part of an infected area which is delineated as a zone in a declaration.

(2) Where a person occupies land which comprises two or more non-adjacent areas, each of those areas shall for the purposes of this Order be deemed to be separate premises.

3. A person who knows or suspects that an animal (whether in captivity or not) is affected with rabies, or, in case the animal is dead, was at the time of its death so affected, shall—

( a ) immediately notify an inspector, or a member of the Garda Siochána at the nearest Garda Siochána Station, of the fact and such inspector or member shall immediately inform the Secretary, Department of Agriculture and Fisheries, Dublin, and the Secretary of the local authority, and

( b ) as far as practicable keep that animal or, as the case may be, the carcase of that animal separate from any other animal.

4. (1) Where by reason of notification given under Article 3 of this Order or for any other reason an inspector has grounds for suspecting that rabies exists, or has within the immediately preceding fifty-six days existed at any premises, or that there is an animal thereat which has been or which may have been exposed to the infection of that disease, he shall with all practicable speed inquire as to the correctness of such information, and examine any animal or the carcase of any animal found at the premises.

(2) For the purpose of discharging his functions under this Article, an inspector may—

( a ) remove, or cause to be removed, from the premises any animal affected with, or suspected of being affected with, rabies, or any animal which has been, or is suspected of having been, in contact with an animal so affected or suspected, or the carcase of any such animal, to a place where the animal can conveniently be kept under veterinary observation by, or on behalf of, the Minister or to a place where the animal or carcase can be subjected to diagnostic tests, and

( b ) take such samples as may be required for the purpose of diagnosis from any animal on the premises, whether or not such animal is affected with or suspected of being affected with, or has been in contact with an animal so affected or suspected;

and the occupier of the premises and any person in his employment shall render such reasonable assistance to the inspector as may be required for the purposes of this Article.

(3) The occupier of any premises on which there is or has been an animal affected with or suspected of being affected with rabies, or the carcase of any such animal, or an animal or the carcase of an animal which has been in contact with an animal so affected or suspected, and the veterinary surgeon (if any) who has been attending, or has been consulted respecting, the animal or carcase, and any person who has been in charge of the animal or carcase or who has been in any manner in contact with it, shall give all reasonable facilities for an inquiry under this Article, and for the removal of any animal or carcase and the taking of samples.

(4) Any such occupier, veterinary surgeon or person aforesaid shall, if so required by an inspector or an officer of the Minister, give any information he possesses as to the animal or carcase, as to the location or movements of any other animal in his possession or under his charge, and as to any other animal with which any such animal may have been in contact.

5. (1) Where by reason of notification given pursuant to Article 3 of this Order or for any other reason an inspector has reasonable grounds for suspecting that rabies exists, or has within the immediately preceding fifty six days existed, at any premises, or that there is an animal on premises which has been, or which may have been, exposed to the infection of rabies, he may cause a notice in the form set out in the Second Schedule to this Order and relating to the premises to be served on the occupier of the premises to which the notice relates.

(2) Where a notice under this Article is served, the premises to which the notice relates shall for the purposes of this Order by virtue of such service be an infected place, and such premises, and any person from time to time therein, shall, subject to paragraph (3) of this Article, be subject to the rules set out in the Third Schedule to this Order.

(3) An inspector may from time to time, by service of a further notice in writing on the occupier of an infected place, amend a notice previously served under this Article on such occupier (including a notice served under this paragraph) and without prejudice to the generality of the foregoing, a notice served under this paragraph may do either or both of the following, namely:

( a ) amend such notice so as to alter the limits of the relevant infected place,

( b ) provide that any of the rules set out in the Third Schedule to this Order and specified in the notice shall cease to apply to the infected place, or to persons therein, or shall so apply subject to such modifications as are specified in the notice.

(4) The restrictions imposed by any notice served under this Article shall remain in force until the notice is cancelled by a written notice to that effect served by an inspector on the occupier of the relevant infected place.

(5) An inspector shall with all practicable speed send copies of any notice served by him under this Article to the Secretary, Department of Agriculture and Fisheries, Dublin, to the District Veterinary Office, to the Chief Executive Officer of the local authority and to the officer in charge of the Garda Siochana station nearest to the relevant infected place.

(6) Where the occupier of an infected place fails to comply with the requirements of Rule 8 or Rule 9 of the Third Schedule to this Order, it shall be lawful for an inspector to carry out or cause to be carried out the necessary disinfection, or to erect or cause to be erected the requisite notices; and, without prejudice to any proceedings which may be instituted for an offence under the Act, the reasonable expenses incurred in making good the default shall be a debt due to the Minister and in default of payment may be recovered by the Minister from the occupier of the infected place in any court of competent jurisdiction.

6. (1) Where the Minister proposes to cause, pursuant to the Act, an animal affected with rabies or suspected of being so affected to be slaughtered, an inspector shall serve a notice in writing of intended slaughter on the owner or other person in charge of the animal, informing him of the proposed slaughter, and (except where the animal has already been removed by an inspector under Article 4 (2) (a) of this Order) requiring him to surrender the animal for slaughter, or to detain the animal pending its slaughter (or pending its surrender and removal for slaughter) on such part of the premises at which the animal is kept as may be specified in the notice, and to isolate it as far as practicable from any other animal.

(2) A person on whom a notice has been served under this Article shall comply therewith, and without prejudice to the generality of the foregoing, in case the notice requires an animal to be so detained shall not move the animal, or cause or permit it to be moved, off the part of the premises on which it is required to be detained, except under and in accordance with a permit granted in that behalf by an inspector.

7. (1) Where the Minister believes or suspects that rabies exists, or has within the preceding six months existed, in an area, he may declare under section 14 of the Act that area, together with any adjoining place or area into which he considers there may be a possibility of rabies spreading, to be an area infected with rabies.

(2) Where a declaration is made, the Minister shall, as soon as may be, cause to be published in a newspaper circulating in the area to which the declaration relates, notice of the making of the declaration.

(3) A notice published pursuant to paragraph (2) of this Article shall specify the infected area to which the relevant declaration relates, and in case the relevant infected area is divided into zones by the Minister, the notice shall—

( a ) contain a description of each of the zones,

and

( b ) as regards each such zone, specify which of, and to what extent, the provisions of the Fourth Schedule to this Order apply to the zone.

8. (1) Subject to paragraphs (2) and (3) of this Article, the provisions contained in the Fourth Schedule to this Order shall apply to every infected area or zone.

(2) Where a declaration of the Minister declaring an area to be an infected area declares it to be infected with rabies he may, if he thinks fit, in the declaration provide for the division of the infected area into zones delineated in a manner specified by him, and in case he so provides he may further—

( a ) as regards each such zone, provide for the application in the zone of such, and only such, of the provisions of the Fourth Schedule to this Order as are specified in the declaration,

( b ) as regards any such zone, provide that any such provision which applies to the zone shall so apply only as regards animals or matters of a class or description so specified.

(3) Where the Minister makes a declaration declaring an infected area to be infected with rabies, he may, as regards the infected area, in the declaration provide that any provision of the Fourth Schedule to this Order shall apply only as regards animals or matters of a class or description specified in the declaration.

(4) In case any provision referred to in paragraph (2) or (3) of this Article is included in a declaration, paragraph (1) of this Article shall be construed having regard to and in accordance with the declaration and shall have effect as regards the relevant infected area accordingly.

9. (1) Where the Minister considers it necessary so to do, he may take steps to secure the destruction in an infected area of foxes (other than foxes held in captivity), and an officer of the Minister, and any person authorised in writing by the Minister for the purpose, may enter any land (other than a dwellinghouse) for the purpose of carrying out, or of deciding whether to carry out, such destruction.

(2) Before commencing destruction of foxes pursuant to this Article on any land, it shall be the duty of the Minister, whether by service of a notice in writing or by such other method as the Minister considers appropriate in the circumstances, to take all reasonable steps to inform the occupier, and any other person who may be on the land at the time when the proposed destruction is carried out, of the proposal, and of the methods of destruction to be used.

(3) Where destruction is carried out under the provisions of this Article, the Minister may erect or cause to be erected fences or other obstacles for the purpose of restricting the movement of animals into and out of the area affected.

(4) The carcase of every fox destroyed under the provisions of this Article shall be buried or otherwise disposed of in such manner as the Minister may determine.

(5) A person shall not obstruct the destruction of foxes pursuant to this Article, or interfere with the carcase of any fox so destroyed.

10. (1) An inspector may prohibit by notice in writing the holding of any sporting or recreational activity on any land in an infected place or infected area specified in the notice where, in the opinion of the inspector, the holding of such activity on that land may cause the spread of rabies, and any such notice (which may be withdrawn or varied by a subsequent notice) shall be served on the person or persons responsible for the holding of such activity.

(2) As an alternative to serving it in accordance with section 53 of the Act, a notice under this Article may be served—

( a ) in case the activity is being held by, is under the auspices of or is being sponsored by a club, association or other body of persons (other than a company), by giving it to the secretary of the body, or in case there is no secretary to the officer of the body who performs the functions of secretary to the body,

( b ) in case the activity is being held by, is under the auspices of or is sponsored by a company, by giving it to the secretary of the company, or

( c ) by exhibiting it in a prominent position on the land to which it relates, or by publishing it in a newspaper circulating in the district in which such land is situated, or by exhibiting it or publishing it in such other way as the Minister is satisfied will best bring it to the attention of persons likely to be affected by the prohibition contained in the notice.

(3) Where notice is given by serving on the secretary or other officer of a club, association, company or other body of persons, he shall immediately take all reasonable steps to bring it to the attention of such members and employees (if any) of the body as are likely to be affected by the prohibition contained in the notice.

11. (1) The Minister may erect or cause to be erected notices—

( a ) at any place within or on any boundary of an infected place or infected area, indicating that the place or area is an infected place or infected area for purposes connected with the control and eradication of rabies, and

( b ) on any boundary of, and on any access to, land on which destruction of foxes is being, or is proposed to be, carried out pursuant to Article 9 of this Order, indicating the nature of the operations being carried out on the land, and the methods of destruction being used.

(2) It shall be unlawful for a person to remove, destroy, deface or alter any notice exhibited under any of the provisions of this Order.

12. The Minister may in a declaration prohibit the holding, in the infected area or in all or any of the zones to which the declaration relates of events of a kind specified in the declaration at which animals, or such descriptions or species of animals as may be so specified, are gathered together, except under and in accordance with a permit by an inspector.

13. The reasonable expenses incurred by the Minister in the

( a ) seizure, detention, destruction or disposal of an animal or carcase under paragraph 4 of the Fourth Schedule to this Order,

( b ) seizure, vaccination, marking, provision of a means of identification, destruction or detention of an animal under paragraph 5 of the said Fourth Schedule,

shall be a debt due to the Minister by the owner of the animal and in default of payment, and, without prejudice to any proceedings which may be instituted for an offence under the Act, may be recovered by the Minister from such owner in any court of competent jurisdiction.

14. An inspector may issue permits for the purposes of this Order, attach conditions to any such permit, vary such conditions and revoke any such permit.

15. (1) The contravention of or failure to comply with, whether by act or omission, a condition attached to a permit issued for the purposes of this Order by an inspector is hereby declared to be an offence under the Act.

(2) The attempting to commit or the aiding, abetting, counselling or procuring of a contravention declared by sub-paragraph (1) of this Article to be an offence under the Act is hereby declared to be an offence under the Act.

(3) The contravention of, or failure to comply with, whether by act or omission, a provision contained in a declaration pursuant to Article 12 of this Order is hereby declared to be an offence under the Act.

(4) Each of the following is hereby declared to be an offence under the Act, namely,

( a ) the taking part in an activity prohibited by paragraph 6 of the Fourth Schedule to this Order,

( b ) the permitting of such an activity to take place on land by the occupier of the land on which the activity takes place.

16. The Rabies Order, 1933 (S.R. & O., No. 16 of 1933), is hereby revoked.

FIRST SCHEDULE.

Animals to which the Order applies.

(1)

Order of Mammals

(2)

Common names of some species (see note below)

Artiodactyla

Pigs, peccaries, hippopotamuses, camels, Ilamas, chevrotains, deer, giraffes, pronghorns, cattle, antelopes, duikers, gazelles, goats, sheep

Carnivora

Dogs, cats, jackals, foxes, wolves, bears, raccoons, coatis, pandas, otters, weasels, martens, polecats, badgers, skunks, mink, ratels, genets, civets, linsangs, mongooses, hyaenas, ocelots, pumas, cheetahs, lions, tigers, leopards

Chiroptera

Bats, flying foxes

Dermoptera

Flying lemurs

Edentata

Anteaters, sloths, armadillos

Hyracoidea

Hyraxes

Insectivora

Solenodons, tenrecs, otter shrews, golden moles, hedgehogs, elephant shrews, shrews, moles, desmans

Lagomorpha

Pikas, rabbits, hares

Marsupialia

Opossums, marsupial mice, dasyures, marsupial moles, marsupial anteaters, bandicoots, rat opossums, cuscuses, phalangers, koalas, wombats, wallabies, kangaroos

Monotremata

Echidnas, duck-billed platypuses

Perissodactyla

Horses, asses, zebras, tapirs, rhinoceroses

Pholidota

Pangolins

Primates All families except Hominidae (Man)

Tree-shrews, lemurs, indrises, sifakas, ayeayes, lorises, bushbabies, tarsiers, titis, uakaris, sakis, howlers, capuchins, squirrel monkeys, marmosets, tamarins, macaques, mangabeys, baboons, langurs, gibbons, great apes

Proboscidea

Elephants

Rodentia

Gophers, squirrels, chipmunks, marmots, scalytailed squirrels, pocket mice, kangaroo rats, beavers, mountain beavers, springhaas, mice, rats, hamsters, lemmings, voles, gerbils, water rats, dormice, jumping mice, jerboas, porcupines, cavies (including guinea-pigs), capybaras, chinchillas, spiny rats, gundis

Tubulidentata

Aardvarks

Note: Some of the common names of animals included in the orders of mammals specified in column (1) of this Schedule are set out in column (2) thereof opposite the appropriate reference. The entries in the said column (2) are for guidance only and do not form part of this Order.

SECOND SCHEDULE.

Form of Notice Declaring and Defining the Limits of an Infected Place.

DISEASES OF ANIMALS ACT, 1966

RABIES ORDER, 1976.

(Article 5).

Notice Declaring and Defining the Limits of an Infected Place.

To

............................................................ ............................................................ ........

of

............................................................ ............................................................ .......

............................................................ ............................................................ ................

I, the undersigned, being an inspector hereby give you as the occupier of the undermentioned premises notice that in accordance with the provisions of the above-mentioned Order, the undermentioned premises are hereby declared to be an infected place for the purposes of the said Order. I hereby declare that this notice applies to the said premises and hereby give you notice that the said premises, and any person from time to time thereat, accordingly become subject to the Rules specified in this notice which are printed on the back hereof. Any person infringing these Rules is liable to prosecution. In the Rules so specified and printed "the infected place" means the undermentioned premises.

This notice remains in force in its present form until it is cancelled or varied by a subsequent notice served by an inspector on the occupier of the said premises.

Note—A notice declaring premises to be an infected place may be served under Article 5 of the Rabies Order, 1976 in respect of any premises at which there is an animal affected with or suspected of being affected with rabies, or at which such an animal has died, or in respect of premises at which an inspector has reasonable grounds for suspecting that rabies has existed within the previous 56 days, or that there is an animal which has been or which may have been exposed to the infection of rabies through contact with an affected or suspected animal.

Description of Premises to which Notice relates (The Infected Place)

Dated................................................

19

(Signed)

............................................................ ..........................

Official Address

............................................................ ..........................

............................................................ .........................

Note—The Inspector is with all practicable speed to send copies of this notice to the Secretary, Department of Agriculture and Fisheries, Dublin, to the Chief Executive Officer of the local authority, to the District Veterinary Office and to the officer in charge of the nearest Garda Siochana station in the district in which the infected place is situated.

The Rules set out in the Third Schedule to this Order are to be printed on the back of this notice.

THIRD SCHEDULE.

Rules Referred to in Article 5 (2).

1. Any animal in the infected place which is affected with or suspected of being affected with rabies, or any animal therein which has been in contact with an animal so affected or suspected, shall be detained and isolated in a part of the infected place approved for the purpose by an inspector.

2. No person shall have access to an animal detained and isolated under Rule 1 of this Schedule except under and in accordance with a permit granted by an inspector. This prohibition shall not apply to an inspector, the owner of the animal or his representative, a person tending an animal or a veterinary surgeon employed by the owner.

3. No animal shall be moved into or out of the infected place except under and in accordance with a permit granted by an inspector.

4. No carcase shall be removed from the infected place, except under and in accordance with a permit granted by an inspector, and the carcase of an animal dying in the infected place shall be disposed of in a manner specified by an inspector.

5. Subject to the power of an inspector to remove and detain an animal under Article 4 (2) of this Order, any animal in the infected place which is affected with or suspected of being affected with rabies, or which has been in contact with an animal so affected or suspected, may be slaughtered by or on behalf of its owner if, but only if, an inspector has been notified of the intended slaughter. Where such slaughter takes place, steps shall be taken to ensure that the head and neck of the animal are not damaged, and if required, the carcase shall be made available to an inspector for veterinary investigation.

6. Notification of the death of any animal in the infected place shall be given with all practicable speed to an inspector by the owner or other person in charge of the animal, or by the occupier of the infected place.

7. No litter, dung, utensil, pen, hurdle or other thing coming from, or used in connection with, an animal affected with or suspected of being affected with rabies, or an animal which has been in contact with an animal so affected or suspected, shall be removed from the infected place, except under and in accordance with a permit granted by an inspector.

8. Every part of the infected place where an animal affected with or suspected of being affected with rabies, or an animal which has been in contact with an animal so affected or suspected, has been, shall be disinfected by the occupier of the infected place in a manner approved by an inspector.

9. The occupier shall ensure that notices in a form approved by an inspector are prominently displayed at the infected place, indicating that it has been declared so to be, and drawing attention to the existence or possible existence of rabies thereat.

FOURTH SCHEDULE.

Provisions referred to in Article 8.

Restriction of movement of animals into and out of an infected area or zone.

1. (1) The movement of animals specified into or out of any infected area or zone, as may be appropriate, is hereby prohibited, except under and in accordance with a permit granted by an inspector.

(2) Subparagraph (1) of this paragraph shall not apply to an animal which is transported directly between two places outside the infected area, or zone, as may be appropriate if, but only if, the animal is not unloaded within such area or zone from the vehicle or vessel which is carrying it, or permitted to come into contact with any other animal while there.

Control of dogs and cats.

2. (1) Subject to subparagraphs (2) and (4) of this paragraph, it shall be the duty of the owner or other person in charge in the infected area or the zone, as may be appropriate, of a dog or cat and of the occupier of premises in the infected area or the zone, as may be appropriate, being premises at which a dog or cat is normally kept, or at which a dog or cat may be temporarily staying, to ensure that the dog or cat—

( a ) is at all times securely confined within the premises, or a part thereof, and does not stray or escape therefrom,

( b ) does not come into contact with any other animal, other than an animal with which it is normally in contact at the premises, and

( c ) only leaves the premises in accordance with this paragraph.

(2) Notwithstanding subparagraph (1) of this paragraph, it shall not be unlawful for a dog or cat—

( a ) to be exercised outside the premises within which it is confined if, but only if, throughout the period of exercise, it is—

(i) held securely on a leash by the person in charge of the dog or cat, and is in no circumstances permitted to run free,

(ii) prevented from coming into contact with any other animal, other than an animal with which it is normally in contact at the premises at which it is confined, and

(iii) in the case of a dog, securely fitted with a muzzle, or

( b ) to be sent, carried or led to other premises within the same infected area or zone, as may be appropriate, if, but only if—

(i) whilst being so led, it is either controlled in the manner specified in clause (a) of this subparagraph or carried in a suitable secure container which does not permit it to come into contact with any other animal, other than an animal with which it is normally in contact at the premises at which it is confined, and

(ii) it does not (except under the authority of a permit granted by an inspector, and in accordance with the terms and conditions subject to which it was granted) come into contact with any other animal at the premises to which it is moved.

(3) An inspector may serve on the owner or other person in charge of a dog or cat, or on the occupier of the premises at which the dog or cat is or should be confined, a notice in writing setting out such requirements, and prescribing such conditions, with respect to the control and confinement of the dog or cat as the inspector may consider appropriate, and the person on whom such a notice is served shall take all necessary steps to comply with the notice.

(4) Where an inspector is satisfied that, having regard to the purpose for which a particular dog or cat is kept, any of the requirements of subparagraphs (1) and (2) of this paragraph would, if applied to that dog or cat, unduly restrict its use for that purpose, he may by permit exempt the owner or other person in charge of that dog or cat from all or any of those requirements, subject to compliance by that person with such conditions as may be imposed by the permit.

Control of animals other than dogs and cats.

3. (1) Subject to subparagraphs (2) and (4) of this paragraph, it shall be the duty of the owner or other person in charge of an animal, other than a dog or cat and of the occupier of the premises at which such an animal is normally kept, or at which it may be temporarily staying, to ensure that the animal—

( a ) is at all times securely confined within the premises, or a part thereof, and does not stray or escape therefrom,

( b ) does not come into contact with any other animal, other than an animal with which it is normally in contact at the premises, and

( c ) only leaves the premises in accordance with this paragraph.

(2) Notwithstanding subparagraph (1) of this paragraph, it shall not be unlawful for an animal—

( a ) which is normally exercised outside the premises within which it is confined to be so exercised, on condition that, throughout the period of exercise, it is—

(i) closely controlled and properly restrained by the person in charge of the animal, and in no circumstances permitted to run free, and

(ii) prevented from coming into contact with any other animal, other than an animal with which it is normally in contact at the premises at which it is confined, or

( b ) to be sent or carried to other premises within the same infected area or zone, as may be appropriate if, but only if—

(i) it is transported in such a way as will ensure that it is kept under control and restraint, and that it cannot come into contact with any other animal, other than an animal with which it is normally in contact at the premises at which it is confined, and

(ii) it does not (except under and in accordance with a permit granted by an inspector) come into contact with any other animal at the premises to which it is moved.

(3) An inspector may serve on the owner or other person in charge of an animal other than a dog or cat, or on the occupier of the premises at which such an animal is or should be confined, a notice in writing setting out such requirements, and prescribing such conditions, with respect to the control and confinement of the animal as the inspector may consider appropriate, and the person on whom such a notice is served shall take all necessary steps to comply with the notice.

(4) Where an inspector is satisfied that, having regard to the purpose for which a particular animal to which this provision applies is kept, any of the requirements of paragraphs (1) and (2) above would, if applied to that animal, unduly restrict its use for that purpose, he may by permit exempt the owner or other person in charge of that animal from all or any of those requirements, but subject to compliance by that person with such conditions as may be specified in the permit.

Seizure, detention and disposal of animals not under control.

4. (1) Where an animal to which paragraph 2 or paragraph 3 of this Schedule applies is not confined or controlled as required by such paragraph, or as required by a notice served or a permit granted thereunder, an officer of the Minister or a member of the Garda Siochana may seize and detain the animal.

(2) Where an animal is seized under this paragraph, the Minister may dispose of the animal as he may think fit.

(3) Where circumstances prevent an animal which is liable to be seized under this paragraph from being so seized, it shall be lawful for an officer of the Minister or a member of the Garda Siochana to destroy the animal without so seizing it.

(4) An officer of the Minister or a member of the Garda Siochana may enter any land for the purpose of seizing or destroying an animal which is liable to be seized or destroyed under this paragraph.

Compulsory vaccination of animals.

5. (1) The owner of an animal which is in the infected area or the zone, as may be appropriate, and which is of a description or species specified in the relevant declaration shall take steps to ensure that the animal is, within such period as may be so specified, vaccinated against rabies with a vaccine approved for the purpose by the Minister.

(2) Where an animal is vaccinated under subparagraph (1) of this paragraph, the owner of the animal shall ensure that it is marked in such manner, or provided with such other means of identification, as the Minister may require.

(3) Where a person fails to comply with any of the foregoing requirements of this paragraph, the Minister may seize the animal concerned and—

( a ) arrange for the requirements to be complied with, or

( b ) destroy the animal and dispose of its carcase, or otherwise dispose of the animal as he may think fit.

(4) An officer of the Minister may enter any land for the purpose of seizing an animal under subparagraph (3) of this paragraph, and the owner or other person in charge of the animal, and the occupier of the land, shall render all reasonable assistance to such officer to enable him to exercise the powers conferred by this subparagraph.

6. The following activities are hereby prohibited in the infected area or zone, as may be appropriate:

( a ) horse-racing (including point-to-points), horse jumping competitions, dog-racing and coursing,

( b ) the hunting (including hunting with dogs and stalking) of badgers, foxes, otters or other vermin,

( c ) the hunting and stalking of deer,

(d) the pursuit by shooting of game or other wild animals,

( e ) the training of any dog for any kind of dog-racing or for coursing.

Notification of deaths of animals.

7. (1) Any person who knows of the death (otherwise than by slaughter or destruction) in the infected area or zone, as may be appropriate, of an animal of a description or species prescribed by the relevant declaration, or who in such area or zone finds the carcase of such an animal, shall report the fact to an officer of the Minister, unless he has reasonable grounds for believing that the animal did not die from rabies, or that the fact of its death has already been reported.

(2) The carcase of every animal referred to in subparagraph (1) of this paragraph shall by virtue of this paragraph belong to the Minister, and shall be buried or otherwise disposed of in such manner as he may determine.

(3) An officer of the Minister shall have power to enter any land for the purpose of taking possession of the carcase of any animal which by virtue of this paragraph belongs to the Minister.

GIVEN under my Official Seal, this 4th day of May, 1976.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE.

This Order which revokes and replaces the Rabies Order, 1933, lays down a comprehensive procedure for dealing with possible outbreaks of rabies in the State.