DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 3B Animal or poultry health schemes.

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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 3B

Animal or poultry health schemes.

3B.(1) Without prejudice to the powers exercisable by the Ministry by virtue
of any other provision of this Act, the Ministry may, by orders made with the
approval of the Ministry of Finance after consultation with any bodies which
appear to the Ministry to be substantially representative of interests
concerned, make schemes, subject to negative resolution, for the purposes of

(a)keeping any animals or poultry, so far as practicable, free from disease
and in good health; or

(b)controlling, and, so far as practicable, reducing the incidence of, any
disease of animals or poultry; or

(c)compensating in whole or in part persons who incur loss or expenses in
consequence of the presence of any disease in any animal, bird or carcase.

(2) Without prejudice to the generality of the provisions of sub-section (1),
a scheme under this section may make provision with respect to all or any of
the following matters:

(a)the examination, testing or treatment of animals or poultry of a
description to which the scheme applies, or the carcases thereof, by persons
exercising powers under the scheme, including

(i)the entry by such persons on or into any land, building, shed, pen or place
where such animals, poultry or carcases are kept or are suspected on
reasonable grounds to be kept;

(ii)the facilities to be made available to such persons by the owners or
persons in charge of any such animals, poultry or carcases or the owners or
occupiers of or persons employed on or in any such land, building, shed, pen
or place; and

<(iii)the payments to be made to persons exercising such powers in respect of any such examination, testing or treatment, and the persons by whom, and the time, place or manner at or in which, such payments are to be made [and the recovery of sums so payable];


(b)the slaughter or the isolation and maintenance of any such animals or
poultry;

(c)the regulation of the movement or exposure for sale of such animals or
poultry;

(d)the cases in which compensation may be paid to persons incurring any loss
or expense in consequence of

(i)any treatment carried out under the scheme; or

(ii)the presence of any disease to which the scheme relates in any animal,
bird or carcase;

(d)and the manner in which the amounts of such compensation are to be
determined;

(e)the raising of all or any part of the moneys out of which such compensation
is to be paid [and of sums necessary to defray the expenses incurred in
connection with the raising of those moneys and the payment of that
compensation] by means of levies imposed in respect of animals, birds or
carcases or the produce, produced in Northern Ireland, of animals or poultry
[of a description to which the scheme applies] on persons carrying on a
business involving the rearing, buying, selling or slaughtering of [such]
animals or poultry, or producing produce therefrom, and the duties of the
persons by whom, under the terms of the scheme, any sum raised by means of
such a levy is to be paid, collected or remitted [, the time, place or manner
at or in which any such sum is to be paid and the recovery of sums so
payable];

(f)the records, returns, notices and certificates which are to be kept, made
or given for the purposes of the scheme, including the inspection,
verification and copying of records by an officer of the Ministry.

[(2A) The persons upon whom duties may be imposed under paragraph (e) of
sub-section (2) in connection with the collection and remittance of sums
raised by means of levies shall include any body established by or under any
enactment for regulating the marketing of any agricultural product or
otherwise for the benefit of, or of any part of, the agricultural industry
(including the livestock and livestock products industries), and such a body
shall have power to collect any such sum under that paragraph (including power
to collect it by deduction, set-off or otherwise).]

(3) A scheme under this section may be mandatory or subject to the voluntary
participation of persons affected by the scheme.

(4) The prohibition in section forty-three on the making of charges by the
Ministry for any thing under this Act or any inspection or other act precedent
to such a thing shall not extend to prevent the imposition of levies in
pursuance of sub-section (2)(e) or the making of charges in accordance with
the provisions of a scheme under this section in respect of any examination,
testing, treatment or other service or facility whatsoever carried out or
provided by or on behalf of the Ministry in pursuance of the scheme.

(5) In this section the expression "disease" is not restricted by its
definition in section fifty-two and the First Schedule.]

Separation of diseased animals and poultry, and notice of disease.

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Northern Irish Legislation

DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 3B