S.I. No. 677/2005 - Diseases of Animals Act 1966 (Registration of Poultry Premises) Order 2005

S.I. No. 677 of 2005

Diseases of Animals Act 1966 (Registration of Poultry Premises) Order 2005

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 3 and 13 of the Diseases of Animals Act 1966 (No. 6 of 1966) as amended by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001) (as adapted by the Agriculture, Food and Rural Development (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 306 of 2002 )) hereby order as follows-

1.           This Order may be cited as the Diseases of Animals Act 1966 (Registration of Poultry Premises) Order 2005 and comes into operation on 7 November 2005.

Interpretation

2.           In this Order—

“poultry” means-

(a)    birds reared or kept in captivity for the production of meat, eggs or other commercial products, for restocking supplies of game or for breeding these types of bird, or

(b)    other captive birds kept in the course of business or for sporting purposes.

“premises” includes land (with or without buildings), vehicle, ship or other vessel, aircraft, railway wagon or other means of transport or any container used in transport.

Register

3. (1)     A person shall not have poultry in his or her possession or under his or her control unless entered in a register maintained under this Article.

(2)     The Minister shall establish and maintain the register and may divide the register into parts having regard to the purpose for which poultry is kept.

(3)     An application for registration shall be made in a form that the Minister may determine and contain any information that the Minister may require.

(4)   A person who immediately before the making of this Order had poultry in his or her possession or under his or her control and who applies for registration under this Article by 31 December 2005 may continue to operate, in accordance with this Order, until his or her application is determined.

(5)   A person who is registered or to whom paragraph (6) of this Article applies shall furnish such information to the Minister as and when, and in a form, that the Minister may direct.

(6)   A person who immediately before the making of this Order -

(a)    holds a licence under the Poultry Hatcheries Regulations 1959 ( S.I. No. 122 of 1959 ),

(b)    has an establishment approved under European Communities (Live Poultry and Hatching Eggs) Regulations 1992, ( S.I. No. 362 of 1992 ),

(c)    is registered under Regulation 7 of the European Communities (Welfare of Laying Hens) Regulations 2002, ( S.I. No. 98 of 2002 ) or

(d)    is registered under Regulation 6 European Communities (Labelling and Marketing Standards for Poultrymeat) Regulations 2004, ( S.I. No. 42 of 2004 ),

is considered to be registered under this Article and may be dealt with as if registered under this Article.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

This order provides for the registration, with the Department, of all poultry flockowners and owners of premises where captive birds are kept for sale or for sporting purposes save where otherwise already registered. The register will come into operation on 7 November and applications for registration will have to be made to the Department by 31 December 2005.