IE
S.I. No. 338/1981 - Warble Fly Order 1981
Table of Provisions (13)
Statutory Text (13 Articles)
1. The area consisting of the counties of Leitrim, Longford, Roscommon, Westmeath and the following District Electoral Divisions in the county of Offaly, namely, Ballycumber, Bawn, Clara, Clonmacnoise, Doon. Ferbane, Gorteen, Hinds, Huntstown, Kilcumragh, Lumcloon, Moyclare, Shannon Bridge, Srah, Tinnamuck.
2. The area consisting of the following District Electoral Divisions in the county of Galway, namely, Barna, Bunowen, Camus, Cleggan, Clifden, Crumpaun, Derrycunlough, Derrylea, Doonloughan, Errislannan, Furbo, Gorumna, Illion, Kilcummin North, Kilcummin South, Killannin, Knockboy, Lettermore, Moycullen, Moyrus, Oughterard, Owengowla, Roundstone, Selerna, Sillerna, Skannive, Spiddal, Tullokyne, Turlough, Wormhole.
3. The area consisting of the following District Electoral Divisions in the county of Mayo, namely, Belmullet, An Geata Mor Thuaidh, An Geata Mor Theas and Rath Hill.
4. The area consisting of the following district Electoral Divisions in the County of Mayo, namely, Achill Sound, Dooega and Slieve More.
GIVEN under my Official Seal this 21st day of September, 1981.
ALAN M. DUKES,
Minister for Agriculture.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Order—
(
a
) provides that from 16 November 1981 all cattle to which the Order applies in Counties Leitrim, Longford, Roscommon and Westmeath and in specified parts of Counties Galway, Mayo and Offaly (“the Controlled Areas”) must be accompanied by an official current certificate of treatment for warbles or an exemption certificate or a licence issued under the Order.
(
b
) provides that from 1 October 1981 all cattle to which the Order applies, which are moved out of the Controlled Areas or which are exposed or offered for sale, must be accompanied by a certificate of treatment or an exemption certificate or a licence issued under the Order.
(
c
) provides that from 1 October 1981 the person in charge of a public sale in the Controlled Areas must ensure that all cattle to which the Order applies are accompanied by a current treatment certificate or an exemption certificate or a licence issued under the Order.
(
d
) revokes the Warble Fly Orders, 1978 and 1980.
7. Subject to Article 9 of this Order, an animal to which this Order applies shall not, except under and in accordance with a licence issued by the Minister, be moved into or out of a controlled area unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.
8.(1) Subject to Article 9 of this Order, an animal to which this Order applies and which has been moved out of a controlled area shall not be offered or exposed for sale except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.
(2) Subject to Article 9 of this Order, an animal to which this Order applies shall not be sold in a controlled area except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession at the time of the sale a current certificate of treatment or an exemption certificate issued in relation to the animal.
(3) The person in charge of a public sale held at any place in a controlled area shall ensure that any animal to which this Order relates is not sold on the premises where such sale is to take place unless at the time of its sale it is accompanied by a licence or other document specified in paragraph (2) of this Article.
9. During the period beginning on the commencement of this Order and ending on the 1st day of October, 1981, this Order shall have effect subject to the following modifications, namely, Articles 7 and 8 hereof shall both be construed and have effect as if “current” were deleted.
10. A person shall not alter, deface or injure any licence granted or certificate issued for the purposes of this Order.
11. An authorised person or an officer of the Minister duly authorised in that behalf by the Minister under
section 25
of the
Diseases of Animals Act, 1966
, may make such examinations of any cattle as may be reasonably necessary for the administration of this Order.
12. A certificate of treatment or an exemption certificate shall be surrendered—
(
a
) in case the animal to which the certificate relates is exported to a destination other than Northern Ireland, to an authorised person or officer of the Minister at the port or aerodrome concerned, and
(
b
) in case such animal is moved for slaughter, to an authorised person of officer of the Minister at the slaughtering premises concerned.
13. Where a person mentioned in Article II of this Order makes an examination pursuant to this Order, he shall, if requested, produce his authorisation for examination by the person concerned.
14. In any proceedings in which it is alleged that the defendant contravened Articles 5 (1), 6 (1) or 8 of this Order, it shall be a defence for the defendant to prove—
(
a
) that the animal in relation to which the offence is alleged to have been committed was moved into the relevant controlled area during the period beginning on the 15th day of August preceding the date of the offence and ending on such date, and
(
b
) that prior to being so moved into such controlled area, such animal had not been in that area.
15. The Warble Fly Order, 1978 (
S.I. No. 231 of 1978
), and the Warble Fly Order, 1980 (
S.I. No. 327 of 1980
), are hereby revoked.
FIRST SCHEDULE
__________________________________________________________
FORM A
An Roinn Talmhaiochta
WARBLE FLY ERADICATION
Animal bearing EAR TAG NO. ............................................................ ..... This is to certify that this animal was treated for warbles on the undermentioned date.
Signature ........................................... Date ......................................
__________________________________________________________
FORM B
An Roinn Talmhaiochta
Warble Fly Eradication Scheme, 19...
EXEMPTION CERTIFICATE
Animal bearing EAR TAG NO. ............................................................ ... This is to certify that this animal is exempted from treatment under the Warble Fly Eradication Scheme, 19...
This certificate is valid until ............................................................ ....19...
Signature ............................................. Date ......................................
__________________________________________________________
FORM C
An Roinn Talmhaiochta
Warble Fly Eradication Scheme, 19...
EXEMPTION CERTIFICATE
Animal bearing EAR TAG NO. ...............................................
Ear Tag No.
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Ear Tag No.
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This is to certify that the above animals are exempted from treatment under the Warble Fly Eradication Scheme, 19...
This certificate is valid until ............................................................ ...19...
Signature ............................................ Date ......................................
__________________________________________________________
SECOND SCHEDULE
I, ALAN M. DUKES, Minister for Agriculture, in exercise 7of the powers conferred on me by
sections 3
,
13
,
25
, and
27
, of the
Diseases of Animals Act, 1966
(No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 (
S.I. No. 31 of 1977
), hereby order as follows