Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) This Order may be cited as the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960.
(2) This Order shall come into operation on the 5th day of September, 1960.
2 Interpretation.
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paragraphs: In this Order—
"the area" means such area as consists of the administrative counties of Donegal, Mayo and Sligo;
"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;
"clear herd" means a herd of cattle which has had at least two successive clear tests (being tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by order of the Minister to be a clearance area;
"public sale" means any sale of cattle other than—
(a) a sale by a farmer of his own cattle on his own farm, or
(b) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation;
"the Minister" means the Minister for Agriculture.
3 General Restriction on movement into the area.
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paragraphs: Cattle shall not be moved into the area except as provided for by this Order.
4 Permits for movement into the area.
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paragraphs: (1) Subject to paragraphs (2), (3) and (4) of this Article, cattle of the following classes may be moved into the area under permit under this Article :
(a) cattle coming directly from an attested herd or from a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd,
(b) cattle coming directly from an attested area or from an area in Northern Ireland which, under the law of Northern Ireland, is an attested area,
(c) cattle coming directly from a show or sale the holding of which has been approved of by the Minister,
(d) cattle coming directly from a show or sale in Northern Ireland, to which they came directly from an attested herd or an attested area, or from a herd or area in Northern Ireland which under the law of Northern Ireland, is an attested herd or area, being a show or sale at which separate accommodation is reserved for cattle from an attested herd or an attested area,
(e) cattle which come from a clear herd, being a herd in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd,
(f) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14–Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14–Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test,
(g) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit.
(2) Where cattle referred to in subparagraph (a), (b), (c) or (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an attested herd or area and authorising their movement from the place from which they came.
(3) Where cattle referred to in subparagraph (e) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd.
(4) Where cattle referred to in subparagraph (f) of paragraph (1) of this Article are being moved into the area under permit under this Article the person in charge of the cattle shall have in his possession—
(a) where the test was carried out in that area comprising the administrative counties of Clare, Galway, Leitrim, Roscommon, the parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and the part of the administrative county of Westmeath lying west of that river—
(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14–Day Test) Order, 1958, or
(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14–Day Test) Order, 1960, or
(iii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14–Day Test) Order, 1960, or
(iv) a market clearance certificate in respect of the cattle,
(b) where the test was carried out elsewhere in the State—
(i) a tuberculin test certificate issued under the said Bovine Tuberculosis (14–Day Test) Order, 1958, or
(ii) a tuberculin test certificate (export) issued under the said Bovine Tuberculosis (14–Day Test) Order, 1960, or
(iii) a market clearance certificate in respect of the cattle,
(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.
(5) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article:
(a) an authorised officer,
(b) an inspector of the Garda SÃ­ochÃ¡na or member thereof of lower rank,
(c) an officer of customs and excise,
(d) a preventive officer at a customs or frontier post.
5 Movement into and out of approved premises.
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paragraphs: (1) Where cattle referred to in subparagraph (e) or (f) of paragraph (1) of Article 4 of this Order are moved into the area under permit—
(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose;
(b) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer;
(c) if the cattle are on the approved premises after the expiration of a period of 14 days from the date of the movement into the area in the case of cattle referred to in subparagraph (e) of paragraph (1) of Article 4 of this Order or after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificate in the case of cattle referred to in subparagraph (f) of paragraph (1) of Article 4 of this Order, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin;
(d) the owner of the cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear tag numbers of the animals and the manner of disposal of the animals.
(2) The Minister, at his discretion, may grant and revoke approval of premises for the purposes of this Article and any such approval may be granted—
(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and
(b) in respect of a limited period or without limitation as to period.
(3) This Article shall not apply to cattle moved into the area by a herd-owner resident in the area which are moved into isolation in the herd-owner's own herd.
6 Movement into and out of herds.
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paragraphs: (1) Cattle shall not be moved into a clear herd in the area except as provided for by paragraph (2) of this Article.
(2) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the following classes may be moved into a clear herd in the area:
(a) cattle from an attested herd, or from a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd;
(b) cattle from an attested area, or from an area in Northern Ireland which under the law of Northern Ireland, is an attested area;
(c) cattle from a clear herd in the area in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd;
(d) cattle from any other clear herd in the area;
(e) cattle from a clear herd outside of the area in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd;
(f) cattle which, during the period of 14 days ending immediately before the day of their entry into the clear herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test.
(3) Where cattle referred to in subparagraph (a) or (b) of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession documents establishing that the cattle arc from an attested herd or area and authorising their movement from the place from which they came.
(4) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd.
(5) (a) Cattle referred to in subparagraph (d) of paragraph (2) of this Article shall not be moved into a clear herd except. under permit under this Article.
(b) Cattle referred to in subparagraph (e) or (f) of this Article shall not be moved into a clear herd except under permit under this Article or under Article 4.(c)Where cattle referred to in subparagraph (f of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession—
(i) where the test was carried out in the area on in the area comprising the administrative counties of Clare, Galway, Leitrim, Roscommon, the parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and the part of the administrative county of Westmeath lying west of that river—
(I) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or
(II) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or
(III) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or
(IV) a market clearance certificate in respect of the cattle,
(ii) where the test was carried out elsewhere in the State—
(I) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or
(II) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or (III) a market clearance certificate in respect of the cattle,
(iii) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.
(6) Where cattle referred to in subparagraph (d), (e) or (f) of paragraph (2) of this Article have been moved into a clear herd in the area—
(a) the cattle shall not, except under permit under this Article be moved out of the herd unless and until they have been tested with tuberculin on the direction of the Minister and have passed the test, and
(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except cattle which have been moved into the herd).
(7) (a) Where, at any test with tuberculin of any cattle in a herd in the area, any animal fails to pass the test, no animal shall, except under permit under this Article, be moved out of the herd unless and until the herd is deemed by a veterinary inspector to be a herd which is free from tuberculosis by reference to subsequent testing.
(b) no animal shall be moved out of any herd in the area which is not a clear herd except under permit under this Article.
(8) An authorised officer may, at his discretion, issue permits for the purposes of this Article.
7 Licences for movement into the area or into clear herds in the area.
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paragraphs: (1) Subject to paragraph (4) of this Article, cattle may be moved into the area or into a clear herd in the area under licence under this Article.
(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.
(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate.
(4) The conditions specified in a licence under this Article shall be complied with.
8 Control of premises for public sales of cattle the area.
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paragraphs: (1) A person shall not expose cattle at a public sale in the area save in premises approved of by the Minister.
(2) The Minister, at his discretion, may grant and revoke approvals for the purposes of this Article and any such approval—
(a) may be ranted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and
(b) may be granted either in respect of a limited period or without limitation as to period.
9 Control of public sales of cattle in the area.
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paragraphs: (1) A bovine animal shall not be exposed at any public sale of cattle held in the area except as provided for in this Article.
(2) Subject to Article 10 of this Order, cattle of the following classes only may be exposed at a public sale of cattle in the area;
(a) cattle coming directly from an attested herd on from a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd;
(b) cattle coming directly from an attested area or from an area in Northern Ireland which, under the law of Northern Ireland, is an attested area;
(c) cattle from clear herds in the area in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd;
(d) cattle from any other clear herd in the area;
(e) cattle from clear herds outside the area in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd;
(f) cattle which, during the period of 14 days ending at the material time have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test.
10 Documents in relation to cattle at public sales in the area.
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paragraphs: (1) Where cattle referred to in subparagraph (a) or (b) of paragraph (2) of Article 9 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an attested herd or area and authorising their movement from the place from which they came.
(2) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 9 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd.
(3) Where cattle referred to in subparagraph (d) of paragraph (2) of Article 9 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession a certificate issued be a veterinary surgeon that they are from a clear herd.
(4) Where cattle referred to in subparagraph (e) of paragraph (2) of Article 9 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession a permit issued by the Department of Agriculture authorising the movement of the cattle to the sale.
(5) Where cattle referred to in subparagraph (f) of paragraph (2) of Article 9 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession—
(a) where the test was carried out in the area or in the area comprising the administrative counties of Clare, Galway, Leitrim, Roscommon, the parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and the part of the administrative county of Westmeath lying west of that river—
(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or
(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or
(iii) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or
(iv) a market clearance certificate in respect of the cattle,
(b) where the test was carried out elsewhere in the State—
(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or
(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or
(iii) a market clearance certificate in respect of the cattle,
(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.
11 Inspection of documents.
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paragraphs: A person having in his possession pursuant to this Order any documents or certificates shall, on demand made by a member of the Garda SÃ­ochÃ¡na or an authorised officer, produce the documents or certificates for inspection by such member or officer.
12 Examination of cattle by authorised officers.
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paragraphs: An authorised officer may examine any bovine animal aged one year or over exposed at any public sale of cattle in the area or any cattle being moved into the area or into or out of approved premises or clear herds in the area and may make any inquiries in relation to the animal or cattle as may be reasonably necessary for the administration of this Order.
13 Production by authorised officer of appointment.
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paragraphs: Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.
14 Compliance with conditions of permits.
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paragraphs: The conditions specified in any permit issued under this Order shall be complied with.