S.I. No. 99/1938 - Sheep Scab (Leitrim and Cavan) Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 99.

SHEEP SCAB (LEITRIM AND CAVAN) ORDER, 1938.

ORDER OF THE MINISTER FOR AGRICULTURE

The Minister for Agriculture, by virtue and in exercise of the powers conferred on him by the joint operation of the Agriculture Act, 1931 (No. 8 of 1931), and the Diseases of Animals (Ireland) Acts, 1894 to 1935, and of every and any other power him in this behalf enabling, hereby orders as follows :—

1 Short title and commencement.

1.—(1) This Order may be cited as the Sheep-scab (Leitrim and Cavan) Order, 1938.

(2) This Order shall come into operation on the 5th day of April, 1938.

2 Interpretation.

2.—The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Definitions.

3.—In this Order—

the expression " the Minister " means the Minister for Agriculture ;

the expression " the appointed area " means the area described in the Schedule hereto;

the expression " approved sheep dip " means a sheep dip approved by the Minister for sheep-scab and sheep-dipping;

the word " inspector " includes a veterinary inspector;

the word " sheep " includes lambs;

the word " owner " includes a joint owner;

the expression " approved disinfectant " means a disinfectant approved for the time being by the Minister for use for the purposes of the Diseases of Animals (Disinfection) Order of 1931 (Statutory Rules and Orders, No. 59 of 1931), if used at the dilution at which it is so approved.

4 Restriction on movement of sheep and exposure for public sale of sheep.

4.—(1) It shall not be lawful—

(a) to move sheep out of the appointed area, or

(b) to move sheep into, or to expose sheep for sale at, any fair, market or public sale held within the appointed area.

(2) Where any farm or holding is situate partly within and partly without the appointed area the provisions of this Order shall, notwithstanding anything contained in any other Order made under the Diseases of Animals (Ireland) Acts, 1894 to 1935, apply to the farm or holding and the sheep thereon as if the whole of such farm or holding were in the appointed area.

5 Return by owners of sheep.

5.—The owner of any sheep moved into the appointed area on or after the commencement of this Order shall, within four days after the date of such movement, deliver or cause to be delivered by post or otherwise to a member of the Gárda Síochána, stationed at the Gárda Síochána station nearest to the place where such sheep are, a return showing the name and description of the farm or holding or other premises on which the sheep are, together with the description and the number of such sheep.

6 Dipping of sheep.

6.—(1) All sheep in the appointed area on and after the commencement of this Order shall be dipped by the owner or person in charge of the sheep on such dates, under such conditions, and at such dipping places, as shall be required by a notice signed by an inspector and served by post, or otherwise on the owner or person in charge of the sheep referred to in the notice.

(2) Every person required by this Article to dip any sheep shall cause the whole of such sheep to be totally immersed in an approved sheep dip, and the said immersion, except as regards the head and ears of the sheep, shall be for a period of not less than one minute.

(3) All sheep which have been dipped under this Article shall, where practicable, be kept isolated from sheep which have not been so dipped.

7 Powers of entry and examination.

7.—(1) For the purpose of this Order an inspector may, subject to the direction of the authority appointing such inspector, enter any premises within the appointed area and examine any sheep thereon, and such powers of entry and examination shall be in addition to any other like powers vested in an inspector.

(2) The owner and the person in charge of any sheep in the appointed area shall comply with all reasonable requirements of an inspector as to the collection and penning of such sheep and shall afford all other reasonable facilities for the examination of such sheep by such inspector.

8 Disinfection of buildings, etc.

8.—The occupier of any premises in the appointed area shall, if so required by a notice served on him by an inspector, disinfect, with an approved disinfectant at his own expense, and to the satisfaction of such inspector, any building, pen or like enclosure on the premises, in which sheep have been kept.

9 Provision for movement.

9.—For the purposes of this Order, sheep shall be deemed not to be in the appointed area or to be moved out of the appointed area if they are moved through the appointed area, by a road or railway vehicle from a place outside the appointed area to another place outside the appointed area, without unnecessary delay and without the sheep being unloaded within the appointed area.

10 Slaughter of ownerless sheep.

10.—(1) Where any sheep, that are affected with or suspected of being affected with sheep-scab, are required to be dealt with by detention and treatment in accordance with the provisions of this Order and the owner of such sheep cannot be traced, the local authority may cause such sheep to be slaughtered on the premises where the sheep are or may cause them to be moved to the nearest available slaughterhouse where they shall be slaughtered under the supervision of an inspector or other officer of the local authority, who shall enforce and superintend the immediate slaughter of the sheep thereat and report the slaughter to the local authority. The carcase of any sheep so slaughtered shall be sold by the local authority and the sum received by them (if any) for the carcase, after deducting reasonable expense of slaughter and sale, shall be lodged to the account of the local authority.

(2) Any van, float, cart or other vehicle used for the purpose of the conveyance of sheep under this Article shall, immediately after being used for such purpose, be cleansed and disinfected to the satisfaction of an inspector or other officer of the loyal authority.

11 Exercise by the Minister of powers of the local authority.

11.—Any powers conferred by this Order on a local authority or an inspector of a local authority may at any time be exercised by the Minister or an inspector of the Minister respectively.

12 Saving for Sheep Scab (Ireland) Order of 1905.

12.—Nothing in this Order shall be construed as in any way limiting or affecting the operation of the Sheep-scab (Ireland) Order of 1905, or the execution of that Order.

13 Enforcement of Order by local authorities.

13.—Without prejudice to sub-section (1) of section 43 of the Diseases of Animals Act, 1894, the provisions of this Order shall be executed and enforced by the local authority.

14 Aiding, abetting, etc.

14.—It shall not be lawful for any person to aid, abet, counsel, or procure the commission of any breach of the provisions of this Order.

SCHEDULE.

The Administrative County of Leitrim and so much of the Administrative County of Cavan as lies west of the road which leads from Mullan in Northern Ireland to the border of County Leitrim and passes through Swanlinbar, Derrynacreeve, Airmount, and Blackwater Bridge.

Given under the Official Seal of the Minister for Agriculture, this first day of April, 1938.

(Signed) J. H. HINCHCLIFF,

An Assistant Secretary of the Department of Agriculture.