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

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.

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.

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

)

.

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:—