|Made||26th August 2004|
|Coming into operation in accordance with Article 1(2) and (3)|
on a holding in such manner and under such conditions as will in the opinion of a veterinary inspector minimise the possibility of infection to any other animals whether kept on the same holding or another holding;
shall, with all practicable speed, give notice of the fact to a Divisional Veterinary Office.
(2) Where the Department knows or suspects that any animal is affected with disease, it may, for the purpose of preventing the spread of disease notify -
Notification of abortion
4. - (1) The keeper of a herd shall, with all practicable speed, notify a Divisional Veterinary Office if he knows or has reason to suspect that any animal in his herd has had an abortion.
(2) A veterinary surgeon shall, with all practicable speed, notify a Divisional Veterinary Office if in his opinion an animal has had an abortion.
(3) In the event of an animal having an abortion, the keeper shall immediately house the animal in isolation from other animals and shall, with all practicable speed, liberally spray the immediate area where the abortion took place with an approved disinfectant.
(4) An animal which has had an abortion shall be retained in isolation until the Department has tested it and has informed the keeper that it may rejoin the herd.
(5) Manure containing discharges or fluids from an animal which has had an abortion shall be stored away from access by livestock for at least 6 months and shall not be spread on grazing fields for a period of at least 12 months.
(c) "pre-movement test" means in the case of any animal an official test carried out in accordance with Annex C of the Directive by a laboratory approved by the Department for those purposes on a sample taken from it in accordance with paragraph (5).
(2) Subject to paragraphs (3) and (4), an animal shall not make any controlled movement unless -
(3) If, during the period of 30 days following the taking of a sample for a pre-movement test, an animal makes a controlled movement, that animal shall not make a second or further such movement during the remainder of the 30 day period unless, before the second or further movement, it has reacted negatively to a second or further pre-movement test, as the case may be.
(4) The requirements of paragraph (3) for a second or further pre-movement test shall not apply in any case where an animal is moved to a market, show or exhibition from a herd where the animal has reacted negatively to a pre-movement test carried out in that herd on a sample taken at any time during the 30 days prior to the date of the movement and during that period the animal has not formed part of any other herd.
(5) A sample for the purposes of a pre-movement test shall be arranged by the keeper at his own expense and shall be taken by a person approved, for this purpose, by the Department.
(b) prohibit the movement of any animal to or from the holding except under and in accordance with the conditions of a licence issued by the Department.
8. - (1) The Department may serve a notice on a herd keeper where -
(2) A notice under paragraph (1) may -
Temporary control area
9. - (1) Where the Department knows or suspects that there is a serious risk of the spread of disease it may, by notice, declare the establishment of an area to be known as a "temporary control area".
(2) The location and size of the temporary control area shall be such as the Department considers necessary to prevent the spread of disease.
(3) Where a temporary control area has been established, a person -
(4) Any holding which is partly inside and partly outside a temporary control area shall be deemed to be wholly inside that area.
Contact with animals on adjoining land
10. - (1) The keeper of a herd shall maintain the fences dividing his holding from adjoining land in such condition as to prevent -
(2) Where a reactor is found in any herd, the keeper of the herd shall take all practical precautions to prevent the infection of any animals kept on the adjoining land by contact with animals on his holding.
Prohibition on grazing
11. - (1) The Department may, by notice, prohibit for a period of up to 6 months, any person who keeps animals on a holding from using for grazing by animals, other than steers, all or any part of the holding to which this Article applies.
(2) This Article applies to any holding that includes land which, during the previous 6 months, has been part of a holding on which there has been, during that period, a reactor or any animal slaughtered as a result of being in contact with a reactor.
Use of milk for feeding to animals
12. - (1) A person shall not bring onto any holding on which a herd is kept, any milk or dairy by-products for feeding to livestock kept on the holding except when the milk or dairy by-product -
(2) For the purpose of this paragraph, "pasteurised" means retained at a temperature of not less than 145° Fahrenheit and not more than 150° Fahrenheit for at least 30 minutes or at a temperature of not less than 162° Fahrenheit for at least 15 seconds.
Cleansing and disinfection generally
13. - (1) The Department may serve on the owner or occupier of any holding on which there is, or has within 56 days been, an affected or suspected animal or any animal which may have been exposed to the possibility of brucella infection or the carcase of such an animal, a notice requiring him to -
(b) soak any litter in an approved disinfectant and destroy such litter in the manner specified in the notice;
(c) dispose of washings from cleansing and disinfection carried out under sub-paragraph (a) in the manner specified in the notice;
(d) provide footbaths containing an approved disinfectant at all entrances to and exits from the holding.
(2) In this Article "washings" means any material, disinfectant or water remaining after the cleansing and disinfection has been carried out.
Cleansing and disinfection of vehicles
14. The Department may, by notice served on the owner or person in charge of any vehicle which is used for the movement or removal of -
require him, in such manner and within such period as may be specified in the notice, to cleanse and disinfect with an approved disinfectant that vehicle and any equipment, utensil, appliance or other thing used in connection with that carriage.
Valuation and compensation
16. - (1) Where the Department causes an animal to be slaughtered in accordance with Article 15 the compensation payable by the Department shall be -
whichever is the less;
(b) in every other case, an amount equal to its market value.
(2) For the purposes of this Order the market value of an animal means the price which might reasonably have been obtained for it, at the time of valuation in accordance with this Article or Article 17, from a purchaser in the market if it had been free from disease.
(3) Upon service of a notice in respect of an animal under Article 15(2), the Department shall (unless the notice has previously been revoked) make an initial assessment of the market value of the animal for the purposes of paragraph (1) and shall notify the owner of that assessment.
(4) Subject to the following paragraphs and Article 17, the market value of an animal which the Department proposes to cause to be slaughtered shall, for the purposes of compensation under paragraph (1), be determined before slaughter by agreement, between the Department and the owner of the animal, if the agreement is reached within 3 working days of the Department informing the owner of its initial assessment of the market value under paragraph (3).
(5) If the Department and the owner of an animal fail to agree the market value of the animal in accordance with paragraph (4), the Department shall submit a list of independent valuers, approved by it for the purposes of this Article, to the owner and, within 2 working days of receiving this list, the owner shall -
(6) Within 8 working days of the owner of the animal notifying the Department of the name and address of the nominated valuer in accordance with paragraph (5) -
(7) Where the owner of an animal or the nominated valuer fails to comply with, in the case of the owner, paragraphs (5) or (6)(a) or, in the case of the nominated valuer, paragraph (6)(b), the Department shall determine the market value of the animal.
(8) The calculation of the market value of an animal under this Article or Article 17 shall not take account of any sum to which the owner might have become entitled in respect of the animal under any other statutory or any Community provision.
(9) The amount of compensation payable to the owner of the animal under this Article shall be without prejudice to any entitlement of that person to any payments in respect of the animal under any other statutory or any Community provision.
(10) Notwithstanding any other provisions of this Article the Department may cause an animal, in respect of which a notice under Article 15(2) is in force, to be slaughtered prior to the determination of its market value under this Article or Article 17 -
(11) Notwithstanding any other provisions of this Article the market value of an animal to which paragraph (10) applies shall be determined by the Department.
17. - (1) The Department or the owner of an animal may submit an appeal to a tribunal of persons, appointed by the Department for the purpose, if dissatisfied with the determination of the market value of the animal -
(2) An appeal to a tribunal under this Article shall be submitted in writing within 30 working days of the determination of market value to which it relates and shall be accompanied by -
(3) Following its consideration of an appeal submitted by the Department or the owner of the animal, the tribunal shall determine the market value of the animal in question and such determination shall be final and binding on the Department and the owner.
(2) A person engaged in the purchase, sale, collection, transport or delivery of animals shall on demand by an inspector give such information as he possesses relating to any animal or carcase which is or has been in his possession or under his control.
Draft or dispersal sales
20. - (1) The keeper of any animal shall not hold or cause or permit to be held a sale by auction or otherwise of that animal -
except under and in accordance with the conditions of a licence issued by the Department.
(2) A licence under paragraph (1) may, where the Department considers it necessary, be subject to the condition that all of the animals in the sale to which it relates shall have undergone an official test during the period of 30 days prior to the holding of the sale, with negative results.
Compliance with licences, notices, approvals and authorisations
21. - (1) A licence, notice, approval or authorisation under this Order or the Scheme, as the case may be, shall be in writing, may be general or specific, may be subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Department is of the reasonable opinion that the provisions of this Order or the Scheme are not being complied with.
(2) A person on whom a notice is served or to whom an approval or authorisation is granted under this Order or the Scheme shall comply with its requirements.
Action in case of default
22. Where a person fails to comply with any requirement imposed on him under this Order or by virtue of any licence, notice or approval issued under it, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out those requirements.
Production of licences, etc
23. A person acting under the authority of a licence, notice, approval or authorisation under this Order or the Scheme, as the case may be, shall, on demand made by an inspector or a member of the Police Service of Northern Ireland, produce the licence, notice, approval or authorisation and allow a copy thereof or an extract therefrom to be taken and shall also on such demand, furnish his name and address.
24. The statutory provisions listed in Schedule 2 are hereby revoked to the extent that they remain in operation.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
26th August 2004.
A senior officer of the Department of Agriculture and Rural Development
A return shall be furnished to the Department within 7 days from the end of the week to which that return relates, by any person operating a market in animals at any of the following places, that is to say -
The Department shall, in accordance with paragraph 4, calculate an average price from the information contained in the returns forwarded to it in accordance with paragraph 2, as it considers relevant.
4. - (1) Subject to sub-paragraph (2), the average price shall be such amount as may be obtained by dividing the total amount of the prices shown in returns, furnished under paragraph 2, for a 4 week period as having been paid for animals by the total number of the animals stated in those returns to have been sold.
(2) Before the Department proceeds to make a calculation of an average price it shall have obtained returns for sales of not less than 100 animals during a 4 week period.
(3) Where in any 4 week period the requirements of sub-paragraph (2) are not met, the average price for that 4 week period shall be the same amount as the most recent average price calculated in accordance with sub-paragraphs (1) and (2).
5. In any month the figure for a non-pedigree reactor shall be 125% of the average price for the most recently preceding 4 week period rounded down to the nearest multiple of £4.
6. In any month the figure for a pedigree reactor shall be the figure for a non-pedigree reactor plus £300.
7. The Department shall take such steps as it considers appropriate for the purpose of bringing to the notice of persons concerned the figures for non-pedigree reactors and pedigree reactors referred to in paragraphs 5 and 6 respectively.
|S.R. & O. (Northern Ireland) 1972, No. 94||Brucellosis Control Order (Northern Ireland) 1972|
|S.R. & O. (Northern Ireland) 1973, No. 77||Brucellosis (Amendment) Order (Northern Ireland) 1973|
|S.R. & O. (Northern Ireland) 1973, No. 437||Brucellosis (Amendment No. 2) Order (Northern Ireland) 1973|
|S.R. (Northern Ireland) 1976, No. 84||Brucellosis (Amendment) Order (Northern Ireland) 1976|
|S.R. (Northern Ireland) 1977, No. 47||Brucellosis (Amendment) Order (Northern Ireland) 1977|
|S.R. (Northern Ireland) 1977, No. 337||Brucellosis (Amendment No. 2) Order (Northern Ireland) 1977|
|S.R. (Northern Ireland) 1978, No. 165||Brucellosis (Amendment) Order (Northern Ireland) 1978|
|S.R. (Northern Ireland) 1979, No. 126||Brucellosis (Amendment) Order (Northern Ireland) 1979|
|S.R. (Northern Ireland) 1981, No. 413||Brucellosis (Amendment) Order (Northern Ireland) 1981|
|S.R. (Northern Ireland) 1982, No. 191||Brucellosis (Amendment) Order (Northern Ireland) 1982|
|S.R. (Northern Ireland) 1996, No. 239||Brucellosis (Amendment) Order (Northern Ireland) 1996|