S.I. No. 221/1959:

SHIPMENT OF LIVESTOCK (PORT OF DUBLIN) ORDER, 1959.

SHIPMENT OF LIVESTOCK (PORT OF DUBLIN) ORDER, 1959.

I, PATRICK SMITH, Minister for Agriculture, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 4 of the Agriculture Act, 1931 (No. 8 of 1931), hereby order as follows :

1. This Order may be cited as the Shipment of Livestock (Port of Dublin) Order, 1959.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order--

" the Minister " means the Minister for Agriculture;

" approved place of inspection " means a place prescribed by the Portal Inspection Order, 1924, as amended, as an approved place of inspection for the purposes of the Exportation of Animals (Irish Free State) Order, 1923, at the Port of Dublin ;

" livestock " means cattle, sheep and swine ;

" owner shipper of livestock " means a person who, prior to the 1st day of December, 1959, normally made arrangements on his own behalf with shipping companies for the shipment of livestock from the Port of Dublin ;

" shipping agent " means a person who--

(a) engages in the business of accepting livestock for conveyance to an approved place of inspection for shipment, and

(b) makes arrangements for the handling of livestock at such place, and

(c) makes arrangements with shipping companies for the shipping of livestock from such place.

4. A person shall not, on or after the 23rd day of December, 1959, present livestock for shipment from the Port of Dublin save through a person (not being an owner shipper of livestock) who is the holder of a licence granted under paragraph (1) of Article 6 of this Order.

5. An owner shipper of livestock shall not, on or after the 23rd day of December, 1959, make any arrangements with a shipping company for the shipping of livestock from the Port of Dublin unless--

(a) he is the holder of a licence granted under paragraph (2) of Article 6 of this Order, and

(b) such arrangements are made solely on his own behalf.

6. (1) The Minister may, in his absolute discretion but subject to paragraphs, (5) and (6) of this Article, on application made to him, grant to a shipping agent a licence for the purposes of Article 4 of this Order.

(2) The Minister may, in his, absolute discretion but subject to paragraph (7) of this Article, on application made to him, grant to an owner shipper of livestock a licence for the purposes of Article 5 of this Order.

(3) The Minister may, in his absolute discretion, refuse to grant a licence under paragraph (1) or paragraph (2) of this Article.

(4) The Minister may attach conditions to a licence granted under paragraph (1) or paragraph (2) of this Article and the holder of a licence shall comply with such conditions.

(5) A licence under paragraph (1) of this Article shall not be granted to a shipping agent unless the Minister is satisfied that such agent's services, including such services as may be necessary to facilitate the proper veterinary inspection, at an approved place of inspection, of livestock presented to him for shipment, will be made available without discrimination to persons presenting livestock to him for shipment.

(6) A licence under paragraph (1) of this Article shall not be granted to a shipping agent who is also an agent or a shipping company for the purpose of providing food and water for livestock in an approved place of inspection unless the Minister is satisfied that those facilities will be made available by him without discrimination and at uniform rates of charge to every holder of a licence granted under paragraph (1) or paragraph (2) of this Article.

(7) A licence under paragraph (2) of this Article shall not be granted to an owner shipper of livestock unless the Minister is satisfied that such owner shipper will provide services as may be necessary to facilitate the proper veterinary inspection, at an approved place of inspection, of livestock being shipped by him.

(8) Subject to paragraph (9) of this Article, the Minister may revoke a licence granted under paragraph (1) or paragraph (2) of this Article.

(9) The Minister shall give notice of his intention to revoke a licence granted under paragraph (1) or paragraph (2) of this Article to the holder thereof and shall, if representations are made to him within four days by the holder, consider such representations.

7. (1) Every application for a licence under paragraph (1) of Article 6 of this Order shall be in the form set out in Part I of the Schedule to this Order, shall give such particulars of the applicant's previous experience as a shipping agent as the Minister may require and shall be sent to the Secretary, Department of Agriculture, Upper Merrion Street, Dublin.

(2) Every application for a licence under, paragraph (2) of Article 6 of this Order shall be in the form set out in Part II of the Schedule to this Order and shall be sent to the Secretary, Department of Agriculture, Upper Merrion Street, Dublin.

SCHEDULE.

PART I.

Shipment of Livestock (Port of Dublin) Order, 1959.

APPLICATION BY SHIPPING AGENT FOR LICENCE.

I............................................................ ...........................

of............................................................ .........................

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

hereby apply for a licence under paragraph (1) of Article 6 of the above-mentioned Order. I hereby declare that my services, including such services as may be necessary to facilitate the proper veterinary inspection, at an approved place of inspection, of livestock presented to me for shipment, will be made available by me without discrimination to persons presenting livestock to me for shipment.

Signature ....................................................

Postal Address.............................................

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

Date ...........................................................

PART II.

Shipment of Livestock (Port of Dublin) Order, 1959.

APPLICATION BY OWNER SHIPPER OF LIVESTOCK FOR LICENCE.

I............................................................ ...........................

of............................................................ .........................

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

hereby apply for a licence under paragraph (2) of Article 6 of the above-mentioned Order. I hereby declare that I will provide such services as may be necessary to facilitate the proper veterinary inspection, at an approved place of inspection, of livestock being shipped by me.

Signature ...................................................

Postal Address ...........................................

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

Date ..........................................................

GIVEN under my Official Seal this 21st day of December, 1959.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is that on and after the 23rd day of December, 1959, a person may not present livestock for shipment from the Port of Dublin unless he is the holder of a licence from the Minister for Agriculture.