S.I. No. 107/1976:

SHEEP DIPPING ORDER, 1965 (AMENDMENT) ORDER, 1976.

SHEEP DIPPING ORDER, 1965 (AMENDMENT) ORDER, 1976.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 10 , 13 , 35 and 38 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby order as follows:

1. This Order may be cited as the Sheep Dipping Order, 1965 (Amendment) Order, 1976, and shall come into operation on the first day of June 1976.

2. (i) In this Order "the Principal Order" means the Sheep Dipping Order, 1965 ( S.I. No. 105 of 1965 ).

(ii) The Principal Order and this Order may be cited together as the Sheep Dipping Orders, 1965 and 1976.

3. Each reference in Articles 8 (1), 10 (2), 10 (4), 12 (1) and 12 (3) of the Principal Order to any first or second dipping period shall be construed as a reference to any dipping period.

4. The Principal Order is hereby amended by

( a ) the substitution of the following definition for the definition of "first dipping period" in Article 3:

"'dipping period', subject to Article 20A of this Order, means the period beginning on the first day of October in any year and ending on the thirty-first day of January in the following year; ";

( b ) the substitution of the following Article for Article 9:

"9. --(1) Subject to paragraph (2) of this Article, notwithstanding any provision of this Order exempting sheep from dipping, it shall not be lawful for any person to have in his possession any sheep unless it is accompanied by an exemption certificate given under Article 12 of this Order and relating to it, or--

( a ) in case the person is in such possession at a time during a dipping period, such documentary evidence as may be prescribed by regulations made by the local authority under this Order showing that the sheep was dipped in that period or during the last previous dipping period,

( b ) in case the person is in such possession at a time outside a dipping period, such documentary evidence as may be so prescribed showing that the sheep was dipped during the last previous dipping period.

(2) Sheep born during the period between any two consecutive dipping periods shall at any time during that period be exempt from the requirements of paragraph (1) of this Article";

( c ) the substitution of the following paragraph for paragraph (1) of Article 10:

"(1) Subject to paragraph (2) of this Article, where at any time in any dipping period sheep are brought into the State (which sheep are in this Order referred to as imported sheep) the person in possession or in charge of the imported sheep shall forthwith inform the local authority that the imported sheep have been imported and shall isolate the imported sheep from all other sheep and keep the imported sheep so isolated until each of them has been dipped in accordance with this Order.";

( d ) the substitution of "sheep (other than sheep exempted for the time being by an exemption certificate from dipping)" for "at the expiration of any first or second dipping period sheep (other than sheep exempted by an exemption certificate from dipping in such dipping period)" in Article 13; and

( e ) the insertion of the following Article after Article 20;

"20A. A local authority may make regulations providing that as regards the functional area of the authority this Order shall be construed and have effect as if for the period mentioned in the definition of 'dipping period ' in Article 3 hereof there were substituted such other period in any year (being a continuous period of less than four months and beginning on any day in the month of October, November, December or January and ending on a day which is not later than the 31st day of January) specified in the regulations, and in case a local authority makes regulations pursuant to this Article, then for so long as the regulations are in force this Order shall in relation to the functional area of the authority be construed and have effect in accordance with the regulations".

5. The following provisions of the Principal Order are hereby revoked:

( a ) the definition of "second dipping period" in Article 3;

( b ) in paragraph (2) of Article 7, all words from "and the sheep so dipped", to the end of the paragraph;

( c ) paragraphs (2) to (5) of Article 8;

( d ) in Article 16 (1), the words "in any first or second dipping period";

( e ) in Article 19 (1), the words "for service during each dipping period in each year";

( f ) Form A in the Schedule thereto; and

( g ) in Form D in the said Schedule the words "first/second".

6. Articles 7 (2), 13, 16 (1) and 19 (1) of the Principal Order, as amended by this Order, are set out in paragraphs 1, 2, 3 and 4, respectively, of the Table to this Article.

TABLE.

1. 7.--(2) No dipping of any sheep shall be deemed to be dipping within the meaning of this Order unless the dipping is in accordance with the foregoing paragraph.

2. 13. Where sheep (other than sheep exempted for the time being by an exemption certificate from dipping) in the possession or charge of any person have not been dipped in accordance with this Order, nor are deemed to have been so dipped, an inspector may, without prejudice to any proceedings in respect of the offence committed by such person in failing to have the sheep so dipped, serve on the person, and on any person in possession or in charge of any sheep in contact with the first-mentioned sheep, a notice in Form E in the Schedule hereto, requiring all or any of such hereinbefore-mentioned sheep to be dipped in the manner specified in the notice and upon the service of the notice it shall be unlawful for any person to move any of the sheep to which the notice relates from any land on which the sheep are at the date of the notice until the notice has been complied with.

3. 16.--(1) If in the opinion of a local authority it is desirable that any sheep in the functional area of the authority should be dipped at any particular time and place, the authority may serve on the person in possession or in charge of the sheep a requisition (in this Order referred to as a dipping requisition) requiring the person to dip the sheep at the time and place, and in the manner specified in such requisition and to the satisfaction of an inspector.

4. 19.--(1) Every local authority shall temporarily appoint as many additional inspectors as may be necessary to enable proper supervision to be maintained on behalf of the authority with a view to securing the carrying out in their functional area of the provisions of this Order.

7. The Sheep Dipping Order, 1965 (Amendment) Order, 1966 ( S.I. No. 98 of 1966 ) is hereby revoked.

GIVEN under my Official Seal, this 13th day of May, 1976.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE.

The effect of this Order is to amend the Sheep Dipping Order, 1965 so as to provide for:

( a ) a single compulsory annual dipping of sheep to be carried out during the period from 1st October to the following 31st January, instead of two compulsory annual dippings,

( b ) removal of the requirement that sheep must have been previously clipped in the year in which the dipping takes place,

( c ) the making of Regulations by a local authority, if it so decides, fixing a shorter period within the prescribed dates as the dipping period for sheep within the authority's functional area, and

( d ) certain changes in the requirements for the certification of dipping.