S.I. No. 195/1990 - Diseases of Animals (Bovine Spongiform Encephalopathy) (Amendment) (No. 2) Order, 1990.

1. No animal shall be moved into or out of the restricted place except pursuant to and in accordance with a permit issued by an inspector.

2. No carcase of an animal shall be removed from the restricted place or otherwise disposed of except pursuant to and in accordance with a permit issued by an inspector and the carcase of an animal dying on the restricted place shall be disposed of in a manner specified by an inspector.

3. The occupier or person in charge of the restricted place shall immediately give notice to the District Veterinary Office in the area where the restricted place is located of

(

a

) the birth of any animal on the restricted place, and

(

b

) the death of any animal on such a place.

GIVEN under my Official Seal, this 25th day of July, 1990.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

This Order provides for the imposition of controls on the movement of bovine animals into or out of holdings on which cases of Bovine Spongiform Encephalopathy occurred. It also lays down the mode of assessment of compensation for animals slaughtered and effects technical amendments to the Diseases of Animals (Bovine Spongiform Encephalopathy) Order, 1989.

4. (1) Where the Minister causes to be slaughtered an animal, which has been in the same herd as an affected animal, by reason of that animal being in the same herd as the affected animal, the compensation payable by him shall be an amount equal to the market value of the animal.

(2) (

a

) The market value of an animal which has been or is liable to be slaughtered pursuant to section 17 (1) (

b

) of the Act shall be determined by agreement between the owner of the animal and the Minister, or, in default of such agreement, by a valuer appointed by the Minister.

(

b

) In the event of the applicant disputing the determination made under subparagraph (

a

) of this paragraph, the dispute shall be referred to the decision of an arbitrator appointed by agreement between the applicant and the Minister or, in default of such agreement, appointed by the Minister, and the decision of such arbitrator shall be final and binding on both parties.

(3) For the purposes of this Article "market value" shall be the price which might reasonably have been obtained for the animal at the time of its slaughter from a purchaser in the open market.

5. The Diseases of Animals (Bovine Spongiform Encephalopathy) Order, 1989 (

S.I. No. 61 of 1989

), is hereby amended—

(

a

) by the substitution of "clip, brand, tag" for "clip, tag" in Article 7 (1);

(

b

) by the insertion before "animal" where it first occurs in Article 15 (2) (

a

) of "affected or suspected";

(

c

) by the substitution of the following definition for the definition of "market value" in Article 15 (5)

" 'market value' shall be the price which might reasonably have been obtained for the animal at the time of its slaughter from a purchaser in the open market as if the animal were not an affected or suspected animal."; and

(

d

) by the addition of the following Article after Article 16

"Authorised Officers

17. (1) The Minister may appoint in writing such and so many of his officers or other persons as he thinks fit to be authorised officers for the purposes of this Order.

(2) A person appointed under this Article shall be furnished with a warrant of his appointment as an authorised officer and, when exercising any power conferred on an authorised officer by this Order, shall, if so requested by any person affected, produce the warrant, or a copy thereof, to that person.".

Article 3 (1)

FIRST SCHEDULE

Form of Notice Declaring and Defining the Limits of a Restricted Place

Diseases of Animals Act, 1966

Diseases of Animals (Bovine Spongiform Encephalopathy) (Amendment) (No. 2) Order, 1990

Notice Declaring and Defining the Limits of a Restricted 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 a restricted 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 thereon, accordingly become subject to the Rules specified in this notice which are printed on the back hereof. Any person infringing those Rules is liable to prosecution. In those Rules so specified and printed "the restricted place" means the undermentioned premises.

This Notice remains in force in its present form until it is cancelled or varied by a subsequent written notice to that effect served by an inspector on the occupier of the said premises.

Description of Premises to which Notice relates (The Restricted Place)

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

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

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

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

(Signed)............................................................ ............................. (Inspector)

Name in block letters............................................................ ...........................

Official Address............................................................ ...................................

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

Date: ............................................................ .......................................................

Article 3 (2)

SECOND SCHEDULE

Rules referred to in Article 3

S.I. No. 195 of 1990.

DISEASES OF ANIMALS (BOVINE SPONGIFORM ENCEPHALOPATHY) (AMENDMENT) (No. 2) ORDER, 1990.

I, MICHAEL O' KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by

sections 3

,

13

and

58

of the

Diseases of Animals Act, 1966

(No. 6 of 1966), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1987 (

S.I. No. 97 of 1987

), hereby order as follows