S.I. No. 170/1958:

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (NO. 1) ORDER, 1958.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (NO. 1) ORDER, 1958.

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), order as follows :

1.--(1) This Order may be cited as the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958.

(2) This Order shall come into operation on the 18th day of August, 1958.

2. In this Order--

"the area" means such area as consists of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo ;

"attested area" means an area in Northern Ireland which, under the law of Northern Ireland, is an attested area ;

"attested herd" means a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd ;

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

"clear herd" means a herd of cattle as respects which, at the last test with tuberculin of the herd as a whole, being a test carried out on the direction of the Minister on or after the 1st day of January, 1958 (whether before or after the commencement of this Order), all the animals tested passed the test ;

"highest grade herd" means a herd of cattle by reference to which there is in force a producer's licence under the Milk and Dairies (Special Designations) Regulations, 1938 ( S. R. & O. No. 148 of 1938 ), relating to the special designation Highest Grade Milk ;

"the Minister" means the Minister for Agriculture.

3. Cattle shall not be moved into the area except as provided for by this Order.

4.--(1) Subject to paragraphs (2), (3), (4) and (5) of this Article, cattle of the following classes may be moved into the area under permit under this Article :

(a) cattle coming directly from an accredited herd or an attested herd,

(b) cattle coming directly from an accredited area or an attested area,

(c) cattle coming directly from a show or sale the holding of which has been approved of by the Minister,

(d) cattle coming directly from a show or sale in Northern Ireland, to which they came directly from an attested herd or an attested area, being a show or sale at which separate accommodation is reserved for cattle from an attested herd or an attested area,

(e) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1958, and have passed the test,

(f) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test in Northern Ireland corresponding to that provided for by the Bovine Tuberculosis (14-Day Test) Order, 1958, and have passed the test,

(g) calves under 14 days old,

(h) fat cattle intended for slaughter within the period of 10 days beginning on the day of their entry into the area,

(i) cattle being moved through the area to destinations outside the area without being sold or otherwise disposed of within the area,

(j) cattle which have been tested with tuberculin within the area, have passed that test and are returning to the area within the period of 48 hours beginning at the time when they left the area.

(2) Where cattle referred to in subparagraph (a), (b), (c) or (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, either--

(a) the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an accredited or attested area and authorising their movement from the place from which they came, or

(b) the cattle shall bear ear-tags approved of by the Minister which identify the cattle and indicate that they are from an accredited herd or area.

(3) Where cattle referred to in subparagraph (e) or (f) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession either a certificate issued by the person who carried out the relevant test and certifying that the cattle have passed that test or a market clearance certificate under the Bovine Tuberculosis (14--Day Test) Order, 1958, in respect of the cattle.

(4) Where cattle referred to in subparagraph (j) of paragraph (1) of this Article are being moved into the area under permit under this Article, either--

(a) the person in charge of the cattle shall have in his possession a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the area and have passed that test, or

(b) the cattle shall bear ear-tags approved of by the Minister which identify the cattle and indicate that they have been tested with tuberculin within the area and have passed that test.

(5) The conditions specified in a permit under this Article shall be complied with.

(6) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article :

(a) an authorised officer,

(b) an inspector of the Garda Síochána or member thereof of lower rank,

(c) an officer of customs and excise,

(d) a preventive officer at a customs or frontier post.

(7) The application for a permit under this Article shall be in the form set out in Part I or Part III (as may be appropriate) of the Schedule to this Order and the permit itself shall be in the form set out in Part II or Part IV (as may be appropriate) of that Schedule.

(8) The application for a permit under this Article and the permit itself shall be contained in the one document, the application being on one side of the document and the permit on the other.

(9) A person having in his possession pursuant to this Article any documents or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce the documents or certificate for inspection by such member or officer.

5.--(1) Subject to paragraph (4) of this Article, cattle may be moved into the area under licence under this Article.

(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area) which he considers appropriate.

(4) The conditions specified in a licence under this Article shall be complied with.

6.--(1) Cattle shall not be moved into a clear herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraph (3) of this Article, cattle of the following classes may be moved into a clear herd in the area :

(a) cattle from an accredited herd or an attested herd,

(b) cattle from an accredited area or an attested area,

(c) cattle from a highest grade herd,

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the clear herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1958, and have passed the test,

(e) cattle which, during the period of 14 days ending immediately before the day of their entry into the clear herd, have completed a test in Northern Ireland corresponding to that provided for by the Bovine Tuberculosis (14-Day Test) Order, 1958, and have passed the test,

(f) calves under 14 days old,

(g) cattle from another clear herd in the area,

(h) cattle from another herd in the area which is not a clear herd, being cattle which are moved into the clear herd under permit under this Article.

(3) Where cattle referred to in subparagraph (d) or (e) of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession either a certificate issued by the person who carried out the relevant test and certifying that the cattle have passed that test or a market clearance certificate under the Bovine Tuberculosis (14-Day Test) Order, 1958, in respect of the cattle.

(4) A person having in his possession pursuant to paragraph (3) of this Article any certificate shall, on demand made by a member of the Garda Siochana or an authorised officer, produce the certificate for inspection by such member or officer.

(5) Where cattle referred to in subparagraph (c), (d), (e), (f) or (h) of paragraph (2) of this Article have been moved into a clear herd in the area--

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been tested with tuberculin on the direction of the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated as far as is practicable from all other cattle in the herd (excepting other cattle referred to as aforesaid which have been moved into the herd).

(6) Where, at any test with tuberculin of all the cattle (other than calves under 14 days old) in a herd in the area, any animal fails the test, no animal shall, except under permit under this Article, be moved out of the herd unless and until the herd becomes a clear herd by reference to a subsequent test with tuberculin.

(7) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

(8) Where cattle are being moved under permit under this Article, the person in charge of the cattle shall have the permit in his possession and shall, on demand made by a member of the Garda Siochana or an authorised officer, produce the permit for inspection by such member or officer.

7.--(1) Where a person acquires cattle to which this Article applies and, within the period of 7 days beginning on the day of the acquisition, sells or otherwise disposes of the cattle within the area or moves them out of the area, he shall, during the period of two days beginning on the day of the disposal or exit from the area, send by post a notice of the disposal or movement, to the Secretary, Department of Agriculture, Dublin.

(2) Where a person acquires cattle to which this Article applies and does not, within the period of 7 days beginning on the day of the acquisition, sell or otherwise dispose of the cattle within the area or move them out of the area, he shall, during that period,--

(a) in case he is the proprietor of premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, and the cattle are consigned to the premises for immediate slaughter, inform an authorised officer at the premises of the acquisition, or

(b) in any other case, send a notice of the acquisition by post to the Secretary, Department of Agriculture, Dublin.

(3) This Article applies to cattle in the area which are not--

(a) cattle accompanied by a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the area and have passed that test, or

(b) cattle bearing ear-tags approved of by the Minister which identify the cattle and indicate that they have been tested with tuberculin within the area and have passed that test.

8. The Minister, at his discretion, may grant and revoke approvals for the purposes of this Order of premises used for slaughtering cattle brought into the area and any such approval--

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and

(b) may be granted either in respect of a limited period or without limit as to period.

9. Where an authorised officer makes a demand pursuant to this Order, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

10. Paragraphs (1), (2) and (3) of Article 7 of the Bovine Tuberculosis (Clearance Area) (Sligo) Order, 1957 ( S.I. No. 217 of 1957 ), and paragraphs (1), (2) and (3) of Article 7 of the Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958 ( S.I. No. 78 of 1958 ), are hereby revoked.

Article 4.

SCHEDULE

PART I

DISEASES OF ANIMALS (BOVINE TUBERCULOSIS) ACT, 1957 .

Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958.

Area consisting of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo.

APPLICATION FOR MOVEMENT PERMIT (DISPOSAL IN AREA)

I, .....................................................of............................................................ ............................................ hereby apply for a permit to move...................head of cattle, as described in the following Schedule, into the area via.......................................in motor vehicle Registered No........................and I intend to dispose of them in the area at ............................................................ .................................................... ............................................................ ............................................................ .............

State :-- Full name and address. No. in writing. Point of entry. Place of disposal (premises, fair, market or other place).

SCHEDULE

Category            Type of cattle

A--Cattle--

(I) which are coming directly from--

(i) an accredited herd or an attested herd,

(ii) an accredited area or an attested area,

(iii) a show or sale the holding of which has been approved of by the Minister, or

(iv) a show or sale in Northern Ireland, being a show or sale at which separate accommodation is reserved for cattle from an attested herd or an attested area, and

(II) which--

(i) are accompanied by documents establishing that they are from an accredited or attested herd or an accredited or attested area, or

(ii) bear ear-tags approved of by the Minister which indicate that they are from an accredited herd or area and identify the cattle.

B--Cattle which, during the period 14 days ending immediately before the day of their entry into the area, either have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1958, or have completed a test in Northern Ireland corresponding to that provided for in that Order, which have passed that test and which are accompanied either by a certificate issued by the person who carried out that test certifying that the cattle have passed that test or by a market clearance certificate under that Order in respect of the cattle.

C--Calves under 14 days old.

D--Fat cattle for slaughter within the period of 10 days beginning on the day of their entry into the area.

E--Cattle--

(I) which have been tested with tuberculin within the area, have passed that test and are returning to the area within the period of 48 hours beginning at the time when they left the area, and

(II) which--

(i) are accompanied by a certificate issued by a registered veterinary surgeon certifying that they have been tested with tuberculin within the area and have passed that test, or

(ii) bear car-tags approved of by the Minister which identify them and indicate that they have been tested within the area with tuberculin and have passed that test.

DESCRIPTION AND PARTICULARS OF DISPOSAL OF EACH ANIMAL

Signature of applicant.................................................. Date.........................

I declare that the animals described above have been disposed of as indicated above.

Signature of Permit-holder............................................ Date........................

PART II

MOVEMENT PERMIT (DISPOSAL IN AREA)

The application overleaf is hereby granted, subject to the conditions specified below.

CONDITIONS

1. Cattle shall be marked for purposes of identification. In the case of calves under 14 days old, a raddle or other temporary mark will suffice.

2. Fat cattle for immediate slaughter shall be disposed of directly at the premises stated in the application for the permit. They shall not, unless otherwise eligible to enter the area, be permitted to come into contact with other cattle while in the area. They shall, while awaiting slaughter, be kept on premises approved of by the Minister under Article 8 of the Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958. On those premises, but not otherwise, they may come in contact with other fat cattle for immediate slaughter.

3. There shall be recorded as provided for overleaf--

(a) the name and full postal address of each recipient of cattle, and

(b) in the case of cattle delivered into a herd, the Herd No. allotted by the Minister to the herd.

4. The declaration provided for overleaf shall be made and signed by the holder of the permit.

5. The person in charge of the cattle shall have this permit in his possession until completion of the disposal of the cattle in the area. He shall, on demand made by a member of the Garda Siochana or an authorised officer, produce the permit for inspection by such member or officer. Within 24 hours after completion of the disposal, this permit shall be sent by post to the Secretary, Department of Agriculture, Dublin.

PART III

DISEASES OF ANIMALS (BOVINE TUBERCULOSIS) ACT, 1957 .

Bovine Tuberculosis (Movement Control) (No. 1) Order, 1958.

APPLICATION FOR MOVEMENT PERMIT (TRANSIT THROUGH AREA)

Area consisting of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo.

I, ............................................................ .............................of............................................................ ................ hereby apply for a permit to move.................head of cattle, as described in the following Schedule, into the area via................................................in motor vehicle Registered No..............................................., and I intend to move them out of the area with all reasonable despatch via.........................

State :-- Full name and address. No. in writing. Point of entry.

Point of exit.

SCHEDULE

Category

Type of Cattle

F--Cattle being moved through the area to destinations outside the area without being sold or otherwise disposed of within the area.

DESCRIPTION AND PARTICULARS OF DISPOSAL OF EACH ANIMAL

Signature of applicant.....................................Date...........................

I declare that the animals described above have been disposed of as indicated above.

Signature of Permit-holder........................................Date...................

PART IV

MOVEMENT PERMIT (TRANSIT THROUGH AREA)

The application overleaf is hereby granted, subject to the conditions specified below.

CONDITIONS

1. Cattle shall be marked for purposes of identification. In the case of calves under 14 days old, a raddle or other temporary mark will suffice.

2. Cattle shall be moved out of the area with all reasonable despatch and shall not, unless otherwise eligible to enter the area, be permitted to come into contact with other cattle (except other cattle in transit through the area) while in the area.

3. There shall be recorded as provided for overleaf--

(a) in the case of cattle consigned to a market or fair, the name of the market or fair, the proposed date of sale thereat and the point of exit of the cattle from the area, and

(b) in any other case, the name and full postal address of the recipient of the cattle and the point of exit of the cattle from the area.

4. The declaration provided for overleaf shall be made and signed by the holder of the permit.

5. The person in charge of the cattle shall have this permit in his possession until it is surrendered. He shall, on demand made by a member of the Garda Siochana or an authorised officer, produce it for inspection by such member or officer. It shall be surrendered immediately after the cattle leave the area at the station of the Garda Siochana nearest to the point of exit of the cattle from the area.

GIVEN under my Official Seal, this 1st day of August, 1958.

PATRICK SMITH

Minister for Agriculture.

EXPLANATORY NOTE

The effect of this Order is to prohibit the movement except under permit of cattle into areas already declared to be clearance areas ; Counties Clare, Donegal, Galway, Leitrim, Mayo, Roscommon and Sligo ; to specify the classes of cattle for which such permits shall be granted ; and to regulate the movement of cattle into and out of herds within those areas.