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STATUTORY RULES OF NORTHERN IRELAND


2004 No. 525

EUROPEAN COMMUNITIES

ANIMALS

Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004

  Made 21st December 2004 
  Coming into operation 1st February 2005 

The Department of Agriculture and Rural Development, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act[2] in relation to the common agricultural policy of the European Community and also being so designated[3] in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on it by the said section 2(2), hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004 and shall come into operation on 1st February 2005.

Interpretation
    
2.  - (1) In these Regulations -

    (2) The Interpretation Act (Northern Ireland) 1954[4] shall apply to these Regulations as it applies to an Act of the Assembly.

Selection of Premises
     3.  - (1) The Department shall be responsible for the selection of premises, in accordance with the Technical Specifications, for sampling.

    (2) An inspector may for the purposes of selecting premises for sampling in accordance with the Commission Decision and the Technical Specifications -

Powers of Entry
    
4. An inspector shall, on producing, if requested, some duly authenticated document showing his authority, and on serving notice in writing, have the right at all reasonable hours to enter premises which have been selected for sampling, for the purpose of taking samples as required by the Commission Decision.

General Powers
    
5.  - (1) An inspector shall have the following powers for the purposes of sampling required by the Commission Decision -

    (2) An inspector, for the purpose of sampling required by the Commission Decision, may also take and retain samples of faecal and environmental material, in accordance with the Technical Specifications, as well as take all other samples that he considers necessary.

Notices
    
6.  - (1) A notice in writing given under regulation 4 may be sent to a person as an electronic communication (as defined in the Electronic Communications Act 2000[5]), only if that person has consented to the use of that method of communication.

    (2) A notice in writing sent to a person as an electronic communication shall be regarded as sent when the text of it is received in a legible form.

Offences
     7. Any person who -

shall be guilty of an offence.

Penalties
    
8. A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.



Sealed with the Official Seal of the Department of Agriculture on


21st December 2004.

L.S.


Liam McKibben
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations implement Commission Decision 2004/665/EC which requires member States to carry out a survey for salmonella prevalence in laying flocks (O.J. No. L303, 30.09.2004, p. 30) in accordance with certain technical specifications referred to in Article 5 of the Commission Decision. These Regulations -

prescribe offences and penalties (regulation 7 and 8).


Notes:

[1] S.I. 2000/2812back

[2] 1972 c. 68back

[3] S.I. 1999/2027 as amended by S.I. 2002/794back

[4] 1954 c. 33 (N.I.)back

[5] 2000 c. 7back



ISBN 0 337 95780 0


  © Crown copyright 2004

Prepared 6 January 2005


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