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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - LONG TITLE An Act to amend and consolidate the Diseases of Animals Acts (Northern Ireland), 1894 to 1955, and certain other enactments relating to diseases of animals.{1} [29th July 1958] PART I DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 1 1.U( Subject to sub-section (2), this Act shall have effect in relation to the animals and poultry and to the diseases of animals and poultry respectively specified in Parts I, II, III and IV of the First Schedule. (2) The Ministry of Agriculture (in this Act referred to as "the Ministry") may for all or any of the purposes of this Act by order amend the First Schedule so as to (a)extend the application of this Act by adding, for all or any of those purposes, any other kind of animal or bird or any other kind of disease to those respectively specified in the several Parts of the First Schedule; (b)restrict the application of this Act by excluding, for all or any of those purposes, any kind of animal or bird or any kind of disease so respectively specified. Power of Ministry to expend money for the eradication of diseases of animals and poultry. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 2 2.(A( The Ministry, without prejudice to any power conferred on it by or under any other enactment, may with the approval of the Ministry of Finance expend such sums as the Ministry thinks fit with the object of eradicating or so far as practicable preventing diseases of animals and poultry in Northern Ireland. (2) Without prejudice to sub-section (1), the Ministry may in accordance with a scheme made by it with the approval of the Ministry of Finance, and subject to negative resolution, pay to the owner of any herd of cattle in Northern Ireland such sums as the Ministry thinks fit to be expended with the object of securing so far as practicable that the herd will be free from tuberculosis. (3) Without prejudice to sub-section (1), the Ministry, with the object of promoting the breeding and distribution of stocks of poultry free from disease, may with the approval of the Ministry of Finance make arrangements whereby persons carrying on, at any premises in Northern Ireland recognised by the Ministry for the purposes of this sub-section, the business of breeding and distributing stocks of poultry or of producing and distributing hatching eggs may be afforded, free of charge, facilities for having poultry, whether alive or dead, inspected, tested and examined with the object of determining whether the birds are free from disease, or from what cause they have died. (4) For the purpose of obtaining information required for the purposes of this section, the Ministry may authorise any veterinary inspector or other officer of the Ministry to inspect animals or poultry. Any person so authorised may, for the purpose of any inspection to be carried out by him, at all reasonable times, upon production of his authority on demand, enter on any land or premises and apply such tests and take such samples as he considers necessary. (5) In this section the expression "disease" is not restricted by its definition in section fifty-two and the First Schedule. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 3 Eradication areas and attested areas for cattle. 3. he Ministry may make orders (a)declaring any area as respects which the Ministry is satisfied that a substantial majority of the cattle therein are free from any particular disease to be an eradication area for purposes connected with the control of that disease; (b)declaring any area as respects which the Ministry is satisfied that any particular disease of cattle is for practical purposes non-existent therein to be an attested area for purposes connected with the control of that disease; (c)prohibiting or regulating the movement of cattle into, out of, or within any area which is for the time being an eradication area or an attested area.[ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 3A Eradication areas and attested areas for other animals and poultry. 3A. The Ministry may make the orders described in section three in relation to animals other than cattle or to poultry, and to diseases of such animals or of poultry, in like manner as it may make such orders in relation to cattle and diseases of cattle, and accordingly the provisions of that section shall have effect for the purposes of this section as if for any reference therein to cattle there were substituted a reference to other animals, or, as the case may require, to poultry, of such descriptions as may be specified in the orders.][ 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. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 4 4.(1) Every person having in his possession or under his charge an animal affected with disease shall (a)as far as practicable keep that animal separate from animals not so affected; and (b)with all practicable speed give notice of the fact of the animal being so affected to the Ministry or to a member of the Royal Ulster Constabulary stationed in the district wherein the animal so affected is. [(1A) Any person who knows or suspects that an animal (whether in captivity or not) is affected with rabies shall give notice of that fact to a member of the Royal Ulster Constabulary unless (a)he believes on reasonable grounds that another person has given notice under this section in respect of that animal, or (b)he is exempted from doing so by an order under section 53; (2) A veterinary surgeon who examines any animal or the carcase of any animal and is of the opinion or suspects that the animal is diseased or was diseased when it died or when it was slaughtered shall with all practicable speed give notice of the disease or suspicion of disease to the Ministry or to a member of the Royal Ulster Constabulary stationed in the district in which the animal or carcase is. (3) The member of the Royal Ulster Constabulary to whom notice is given shall forthwith give information thereof to such person or authority as the Ministry by general order directs. (4) The Ministry may make such orders as it thinks fit for prescribing and regulating the notice to be given to or by any person or authority in case of any particular disease or in case of the illness of an animal and for supplementing or varying for those purposes any of the provisions of this section. (5) Where the Ministry is satisfied of the occurrence of any disease communicable to man, the Ministry shall forthwith notify the [10Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972] within whose area that disease has occurred. (6) The Ministry may by order prescribe and regulate the separation of diseased poultry from poultry not affected with disease, and the notification of disease in or illness of poultry. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 5 Power of Ministry to make orders for prevention or checking of disease. 5. The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for all or any of the following purposes: (a)for prescribing modes of cleansing and disinfection; (b)for prescribing and regulating the marking of animals; (c)for prescribing and regulating the seizure, detention and disposal of a diseased or suspected animal exposed, carried, kept or otherwise dealt with in contravention of an order of the Ministry; and for prescribing and regulating the liability of the owner or consignor or consignee of such animal to the expenses connected with the seizure, detention and disposal thereof; (d)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected; (e)for prohibiting or regulating the digging up of carcases which have been buried; (f)for prescribing and regulating the disinfection of the clothes of persons employed about or coming in contact with or likely to have been in contact with diseased or suspected animals, and the use of precautions against the spreading of disease by such persons; (g)for prohibiting or regulating the sale or use of any kind of fodder or litter whereby disease might be spread; <(gb)for prohibiting or regulating the collection, holding or processing of animal or poultry carcases or of animal or poultry products or any thing, whether animate or inanimate, which has been in contact with such carcases or products;] (h)for prescribing and regulating the payment and recovery of expenses in respect of animals; and (i)for exercising in relation to poultry all or any of the powers conferred by paragraphs (a) to (h). DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 6 Treatment of animals or poultry exposed to infection. 6. For the purpose of preventing the spread of disease the Ministry may cause such treatment as it considers necessary to be given to any animal or bird which has been in contact with a diseased animal or bird or which appears to the Ministry to be or to have been in any way exposed to the infection of disease.[ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 6A Seizure and destruction of carcases etc. liable to spread disease. 6A.(1) The Ministry, if satisfied that it is expedient for the purpose of preventing the spread of disease, may seize any carcase, fodder, feeding stuffs, litter [, milk], eggs, or fertilisers and destroy, bury, dispose of or treat any thing so seized. (2) The Ministry shall pay compensation for any carcase (not being a carcase of an animal or bird which has died of disease or was infected with disease at the time of its slaughter by a person other than the Ministry), fodder, feeding stuffs, litter [, milk] or fertilisers seized under sub-section (1) and, subject in the case of imported eggs to any order made under section twenty-three, for eggs so seized. (3) The compensation payable under sub-section (2) for any thing seized under sub-section (1) shall be the value thereof at the time of seizure and shall be calculated as if it was not affected with disease at that time. (4) Where any thing destroyed, buried or disposed of under an order made under paragraph (e) of section eight could have been seized under sub-section (1) of this section, the Ministry shall pay the like compensation, if any, therefor as if it had been so seized at the time of the destruction, burial or disposal. (5) Sub-section (7) of section twelve shall have effect in relation to things seized under this section as it has effect in relation to animals slaughtered at the direction of the Ministry and the carcases of such animals.] General provisions as to infected places and areas. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 7 7.14.(1) The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for prescribing the cases in which places and areas are to be declared to be infected with a disease and the authority, mode, and conditions by, in, and on which declarations in that behalf are to be made, and the effect and consequences thereof, and the duration and discontinuance thereof, and other matters connected therewith. (2) Every place or area so declared infected shall be an infected place or area for the purposes of this Act. (3) Where, in accordance with the provisions of this Act, a place or an area or a portion of an area is declared free from a disease, then, from the time specified in that behalf by the Ministry, the place or area or that portion of the area shall cease to be, or to be in, an infected place or area. (4) Any declaration or notice of the following description, that is to say: (a)a declaration of the Ministry declaring a place or area to be an infected place or area, or declaring a place or area, or a portion of an area, to be free from disease; or (b)a notice served in pursuance of directions of the Ministry by virtue of an order made under this section; Power to provide for the destruction of wild life. [ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 7A 7A.(1) The Department, if satisfied in the case of any area, (a)that there exists among the wild members of one or more species in the area a disease, other than rabies, specified in Parts III and IV of Schedule 1 which has been or is being transmitted from members of that or those species to livestock of any kind in the area; and (b)that destruction of wild members of that or those species in that area is necessary in order to eliminate, or substantially reduce the incidence of, that disease in livestock of any kind in the area, (2) Before making an order under this section the Department shall consult the Department of the Environment. (3) Every order under this section shall specify the area to which it applies, the disease to which it applies, and the one or more species to which it relates. (4) An order under this section providing for the destruction of wild members of one or more species in any area may make provision for authorising the use for that purpose of one or more methods of destruction that would otherwise be unlawful, but shall not do so unless the Department is satisfied that use of the method or methods in question is the most appropriate way of carrying out that destruction, having regard to all relevant considerations and, in particular, the need to avoid causing unnecessary suffering to wild members of the species in question. (5) An order under this section may include provision (a)for ensuring that destruction of wild members of any species to which the order relates is properly and effectively carried out, and in particular for preventing persons from taking into captivity, harbouring, concealing or otherwise protecting wild members of any such species with intent to prevent their destruction, or in any other way obstructing or interfering with any thing which has been, is being or is to be done or used in connection with that destruction; (b)for regulating the ownership and disposal of the carcases of members of any such species destroyed in the area to which the order relates. (6) Before commencing the destruction of wild members of a species on any land within an area to which an order under this section applies the Department shall take all reasonable steps to inform the occupier of the land and any other person who may be there of the Department's intention to carry out that destruction and of the methods of destruction to be used; and it shall be the duty of the Department to ensure that destruction is carried out on any such land in as safe a manner as is possible in all the circumstances. (7) Where an order under this section is in force, the Department shall have power to take such measures (including the erection of fences or other obstacles) as the Department considers appropriate (a)for preventing the movement of living creatures into or out of the area or any part of the area to which the order applies while destruction of wild members of any species to which the order relates is being carried out in the area; and (b)where destruction of wild members of any such species has been or is to be carried out in any part of that area, for preventing the recolonisation of that part by members of that species for as long as the Department considers necessary to prevent reappearance among them of the disease to which the order applies. (8) As soon as may be after the Department is satisfied, in the case of any land, that any measures affecting that land which have been taken in connection with an order under this section are no longer necessary, the Department shall remove from the land anything placed or erected on it and shall take such other steps as are reasonably practicable to reinstate the land. (9) In this and the following section "livestock", subject to sub-section (10), means cattle, sheep, goats and other ruminants, swine, horses, domestic fowl, turkeys, geese, ducks, guinea fowl, pigeons, pheasants and partridges; "species" means any species of animals or poultry; (10) The Department may by order amend the definition of "livestock" contained in sub-section (9) whether by adding to or making omissions from that definition. (11) An order under this section shall be subject to negative resolution. (12) The preceding provisions of this section are without prejudice to any powers conferred on the Department by or by virtue of any other provisions of this Act.][ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 7B Powers of entry etc. in connection with section 7A. 7B.(1) In relation to any disease to which section 7A applies the following persons are authorised officers for the purposes of this section, namely (a)an officer of the Department; (b)a veterinary inspector; and (c)any person who, not being such an officer or inspector, is authorised by the Department to exercise the powers conferred by this section. (2) Where an authorised officer has reasonable grounds for suspecting, in the case of any area, that there exists among the wild members of any species in the area a disease to which section 7A applies, he may enter any land in the area and (a)take samples of the wild members of that species or of their excreta, or of any materials (whether or not forming part of the land) with which wild members of that species may have been in contact; (b)carry out any other investigations which he considers necessary for the purpose of determining, as regards that species and that disease, whether an order under section 7A should be made in respect of the whole or part of the area in question. (3) An authorised officer may at any time enter any land in the area to which an order under section 7A applies for any of the following purposes, namely (a)to carry out the destruction of any wild members of a species to which the order relates that may be on that land; (b)to take any such measures as are mentioned in sub-section (7) of that section; (c)to ascertain, as regards any wild members of a species to which the order relates, whether destruction has been effectively carried out. (4) Where in pursuance of an order under section 7A destruction of wild members of any species to which the order relates has been carried out on any land in the area to which the order applies, then, for the purpose of ascertaining (a)whether the land has been or is being recolonised by wild members of that species and, if so, (b)whether there exists among them the disease to which the order applies (or, if the order has been revoked, to which it previously applied), (5) Nothing in this section shall authorise any person to enter a dwelling-house. (6) A person entering any land in the exercise of powers conferred on him by this section shall, if so required by the owner or occupier or person in charge of the land (a)produce to him some duly authenticated document showing his authority; and (b)state in writing his reasons for entering. (7) Without prejudice to sub-section (6), an authorised officer (a)shall not demand admission as of right to any land forming part of a nature reserve (within the meaning of section 11 of the Amenity Lands Act (Northern Ireland) 1965) maintained or managed by the Department of the Environment under the said Act unless seven days' notice of the intended entry has been given to that Department; and (b)in exercising any of his powers under sub-section (2), (3) or (4) on any such land shall, as far as possible, do so in accordance with such reasonable requirements for minimising damage to flora, fauna or geological or physiographical features within the reserve as may have been notified by the Department of the Environment to the Department. (8) The preceding provisions of this section are without prejudice to any powers conferred on inspectors or others by or by virtue of any other provisions of the Act.] DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 8 Orders relating to infected places and areas. 8. he Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for all or any of the following purposes: (a)for prescribing and regulating the publication by placards, handbills or otherwise, in the immediate neighbourhood of a place or area declared infected, of the fact of such declaration; (b)for prohibiting or regulating the movement of animals or poultry and persons into, within or out of an infected place or area; (c)for prescribing and regulating the isolation or separation of animals or poultry being in an infected place or area; (d)for prohibiting or regulating the removal of carcases, [or other things, whether animate or inanimate,] into, within, or out of an infected place or area; (e)for prescribing and regulating the destruction, burial, disposal or treatment of carcases, [or other things, whether animate or inanimate], being in an infected place or area, or removed thereout; (f)for prescribing and regulating the cleansing and disinfection (i)of infected places and areas or parts thereof; (ii)of receptacles or vehicles used for the confinement or conveyance of animals or poultry; (g)for prescribing and regulating the disinfection of the clothes of persons being in an infected place or area, and the use of precautions against the spreading of disease by such persons. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 9 Power to exclude strangers. 9. A person owning or having charge of any animals or poultry in a place or area declared infected with any disease may affix, at or near the entrance to a building or enclosure in which the animals or poultry are, a notice forbidding persons to enter therein without the permission mentioned in the notice, and thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on, or over that building or enclosure, to enter or go into, on, or over the same without that permission. Slaughter of and compensation for diseased and suspected animals and poultry. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 10 10.(1) The functions of the Ministry in relation to the slaughter of animals and poultry affected or in contact with, or suspected of, any disease specified in the Second Schedule are set forth in that Schedule. (2) The amount of any compensation payable under Part II of the Second Schedule in respect of animals or poultry slaughtered under Part I thereof shall be paid by the Ministry out of moneys provided by Parliament. (3) An order made under sub-section (2) of section one extending or restricting the application of this Act may make such amendments (whether by way of addition, exception or otherwise) in the provisions of the Second Schedule as appear to the Ministry to be necessary or expedient for the purposes of the order. Any order so made which amends the Second Schedule so as to extend the application of this Act shall be subject to negative resolution. (4) Without prejudice to sub-section (3), the Ministry may, in relation to any disease for the time being specified in the First Schedule, by order (subject to negative resolution) make such amendments (whether by way of addition, exception or otherwise) in the provisions of the Second Schedule as appear to the Ministry to be necessary or expedient for the purposes of this Act. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 11 Additional officers and expenses for purposes of slaughter. 11. The Ministry may, for the purposes of the execution of the provisions of this Act relating to the slaughter by it of animals or poultry on account of disease, employ such additional inspectors, valuers and other persons, and at such remuneration, and may incur such expenses as, subject to the sanction of the Ministry of Finance, it thinks necessary. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 12 General provisions relative to slaughter and compensation. 12.(1) The Ministry may, notwithstanding anything in this Act, reserve for observation and treatment an animal liable to be slaughtered under this Act at the direction of the Ministry, but subject to payment of compensation by the Ministry as in case of actual slaughter. (2) Where an animal has been slaughtered under this Act at the direction of the Ministry, the carcase of the animal shall belong to the Ministry and shall be buried or sold or otherwise disposed of by or at the direction of the Ministry, as the condition of the animal or carcase and other circumstances may require or admit. (3) If, in any case, the sum received by the Ministry on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal slaughtered, the Ministry shall pay that excess to the owner, after deducting reasonable expenses. (4) Where an animal has been slaughtered under this Act at the direction of the Ministry, the Ministry may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal and suitable in that behalf, or any common or uninclosed land. (5) If the owner of an animal slaughtered under this Act at the direction of the Ministry has an insurance on the animal, the amount of the compensation awarded to him under this Act may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect thereof. (6) Notwithstanding anything in this Act, the Ministry may, if it thinks fit, withhold, either wholly or partially, compensation or other payment in respect of an animal slaughtered under this Act at its direction where, in the judgment of the Ministry (a)the owner or the person having charge of the animal has been guilty of an offence against this Act tending to prejudice the due control of the disease necessitating the slaughter; or (b)the animal, being an imported animal, was diseased at the time of its landing [or, before or while being brought from any member State, exposed to the infection of disease]. (7) The Ministry may make such orders as it thinks fit for all or any of the following purposes: (a)for prescribing the mode of ascertainment of the value of an animal slaughtered, or liable to be slaughtered, at the direction of the Ministry; (b)for regulating applications for, and the mode of payment of, compensation; (c)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals slaughtered at the direction of the Ministry. (8) This section shall have effect in relation to poultry as it has effect in relation to animals and its provisions shall be construed accordingly [but, in its application to poultry, sub-section (6) shall have effect as if after paragraph (b) thereof there were added the following paragraph: Regulation of movement of animals and poultry, etc. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 13 13.(1) The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for all or any of the following purposes: (a)for prohibiting or regulating the exposure of diseased or suspected animals in markets or fairs or sale-yards, or other public or private places where animals are commonly exposed for sale, and the placing thereof in lairs or other places adjacent to or connected with markets or fairs, or where animals are commonly placed before exposure for sale; (b)for prohibiting or regulating the sending or carrying of diseased or suspected animals, or [other things, whether animate or inanimate,] likely to spread disease, or the causing the same to be sent or carried, on railways, canals, rivers, or inland navigations, or in coasting vessels, or in an aircraft which is engaged in a journey or a part of a journey beginning and ending in Northern Ireland, or otherwise; (c)for prohibiting or regulating the carrying, leading, or driving of diseased or suspected animals, or the causing them to be carried, led or driven, on highways or thoroughfares or elsewhere; (d)for prohibiting or regulating the placing or keeping of diseased or suspected animals on commons or uninclosed lands, or in fields or other places insufficiently fenced, or on the sides of highways; (e)for prohibiting or regulating the movement of animals, and the removal of carcases, [or other things, whether animate or inanimate], and for prescribing and regulating the isolation of animals newly purchased; (f)for prescribing and regulating the issue and production of licences respecting movement and removal of animals and things; (g)for prohibiting or regulating the holding of markets, fairs, exhibitions and sales of animals; (h)for prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions or sales of animals, or for lairage of animals, and yards, sheds, stables and other places used for animals; (j)for prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, and pens and other places, used for the carrying of animals or purposes connected therewith; and (k)for prohibiting, absolutely or conditionally, the use, for the carrying of animals or for any purpose connected therewith, of a vessel, aircraft, vehicle, or pen or other place in respect whereof, or of the use whereof, a penalty has been imposed on any person for an offence against this Act. (2) The powers conferred on the Ministry by sub-section (1) shall be exercisable in relation to poultry as they are exercisable in relation to animals and the provisions of that sub-section shall be construed accordingly. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 14 Disease found in animals in transit. 14.(1) The Ministry shall by order make such further or other provision as it thinks necessary or expedient in relation to animals found to be affected with disease (a)while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition, or other place; or (b)while placed in a lair or other place before exposure for sale; or (c)while in transit or in course of being moved by land or water, or by air; or (d)while being in a slaughter-house or place where animals are slaughtered or are kept with a view to slaughter; or (e)while being on common or uninclosed land; or (f)generally, while being in a place not in the possession or occupation or under the control of the owner of the animals. (2) The Ministry shall by orders under this section make such provision as it thinks fit, either generally or in relation to particular places, for the consequences under this Act of animals being so found in the circumstances aforesaid, as well with regard to the animals as with regard to the places where they are when so found and other places, and with regard to animals being or having been in contact with animals so found. (3) Every order under this section shall have full effect notwithstanding any provision of this Act requiring the declaration of a place infected with disease or relating to any consequence thereof, or to any matter connected therewith, and notwithstanding any other provision whatsoever of this Act. (4) The Ministry may if it thinks fit by order under this section apply all or any of the foregoing provisions thereof, with such modifications as appear to the Ministry to be necessary or expedient, to or in relation to poultry found to be affected with disease. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 15 Protection of animals and poultry from suffering, etc. 15. The Ministry may make such orders as it thinks fit for (a)protecting animals and poultry from unnecessary suffering (i)during inland transit, or in an aircraft engaged in a journey or part of a journey beginning and ending in Northern Ireland; (ii)during passage by sea or air and on landing therefrom; <(iii)in connection with their exposure for sale and their disposal after sale; (b)for securing a proper supply of water and food to animals and poultry during any detention thereof. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 16 Provision of water and food at railway stations. 16.(1) Every person carrying on a railway undertaking (in this section referred to as "the authority") shall make a provision, to the satisfaction of the Ministry, of water and food or either of them at such railway stations as the Ministry by general or specific description directs, for animals carried or about to be or having been carried on the railway of the authority. (2) The water and food so provided, or either of them, shall be supplied by the authority to any such animals on the request of the consignor or of any person in charge thereof. (3) As regards water, if as respects any animal such a request is not made, so that the animal remains without a supply of water for twenty-four consecutive hours, the consignor and the person in charge of the animal shall each be guilty of an offence against this Act; and it shall lie on the person charged to prove such a request and the time within which the animal had a supply of water: Provided that the Ministry may, if it thinks fit, by order prescribe, either generally or in respect of any particular kind of animals, any other period not less than twelve hours instead of the period of twenty-four hours aforesaid. (4) The authority supplying water or food under this section may make in respect thereof such reasonable charges, if any, as the Ministry by order approves, in addition to such charges as they are for the time being authorised to make in respect of the carriage of animals. The amount of those additional charges accrued due in respect of any animal shall be a debt from the consignor and from the consignee thereof to the authority and shall be recoverable by the authority from either of them, with costs, by proceedings in any court of competent jurisdiction. The authority shall have a lien for the amount thereof on the animal in respect whereof the same accrued due, and on any other animal at any time consigned by or to the same consignor or consignee to be carried by the authority. (5) This section shall have effect in relation to poultry as it has effect in relation to animals and its provisions shall be construed accordingly. Carriage of animals and poultry by sea or air. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 17 17. The Ministry may make such orders as it thinks fit (a)for prohibiting the conveyance of animals or poultry by any specified vessel or aircraft to or from any port or aerodrome in Northern Ireland for such time as the Ministry may consider expedient; (b)for ensuring for animals and poultry carried by sea or by air a proper supply of food and water and proper ventilation during the passage and on landing. Orders prohibiting import of animals, etc. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 18 18.(1) The Ministry may, whenever it deems it expedient so to do, for the purpose of preventing the introduction of disease into Northern Ireland, make orders for prohibiting [ or regulating the importation of (a)animals, poultry, carcases and eggs, and (b)other things, whether animate or inanimate, by or by means of which it appears to the Department that any disease might be carried or transmitted]. (2) The Ministry shall prohibit the [importation] of animals or of any specified kind thereof whenever it is not satisfied with respect to any country or any specified part thereof, that having regard to the sanitary condition of the animals therein or imported therefrom, to the laws made by such country for the regulation of the importation and exportation of animals, and for the prevention of the introduction or spreading of disease, and to the administration of such laws, the circumstances are such as to afford reasonable security against the importation therefrom of animals affected with disease. (3) This section shall apply to the importation in an aircraft of animals and other things not landed from the aircraft as it applies in relation to their landing from an aircraft. (4) If an animal or other thing is imported in an aircraft in contravention of an order made under this section, then (without prejudice to the liability therefor of any other person under sub-section (1) of section forty-five and sub-section (2) of section forty-six) the person for the time being having possession and control of the aircraft, as owner, hirer or otherwise, shall be guilty of an offence against this Act. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 19 Animals allowed to be imported to be slaughtered on landing. 19. Save as otherwise provided by the following provisions of this Part, Part I of the Third Schedule (which requires animals to be slaughtered on landing) and Part III of that Schedule (which contains ancillary provisions) shall apply to all imported animals allowed to be landed [other than animals of any such description as may be prescribed by order of the Ministry which are brought from a member State and in relation to which any conditions so prescribed are satisfied; but where Part I (slaughter) of the Third Schedule to this Act is under this section not to apply to animals so brought, the Ministry may by order provide that Part II (quarantine) and Part III (ancillary provisions) shall apply, with or without modification. An order made under this section shall be subject to negative resolution]. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 20 Importation of horses, dogs and cats. 20.(1) Dogs and cats imported from a country other than Great Britain, the Channel Islands, the Isle of Man or the Irish Republic and imported horses shall unless the Ministry by order otherwise provides be landed only under and in accordance with the conditions of a licence issued by the Ministry and shall, unless otherwise provided by the order or the licence, be subject to the provisions of the Third Schedule other than Part I thereof. (2) Except as otherwise provided by sub-section (1) or by an order of the Ministry, imported dogs and cats shall not be subject to the provisions of the Third Schedule. (3) A licence shall be issued under sub-section (1) only in such circumstances and in accordance with such conditions as the Ministry may by order prescribe. Import in special cases allowed without slaughter but subject to quarantine. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 21 21. The Ministry may make such orders as it thinks fit for allowing the landing of any imported animals intended for breeding, or for exhibition or other exceptional purposes, and for allowing such animals to be landed without being subject to the provisions of Part I of the Third Schedule (which requires animals to be slaughtered on landing) and for amending that Part accordingly; and Part II of the Third Schedule (which requires animals to be kept in quarantine) and Part III of that Schedule (which contains ancillary provisions) shall apply to any animals so allowed to be landed. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 22 Special provision for animals from Great Britain, Channel Islands, Isle of Man and Irish Republic. 22. In relation to animals brought from Great Britain, the Channel Islands, the Isle of Man or the Irish Republic, the Ministry may, if it thinks fit, by order or by licence, modify the provisions of the Third Schedule relating to slaughter or to quarantine, as the case may require. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 23 Regulation of ports, aerodromes, landing places and imported animals, poultry, etc. 23.(1) The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act generally for the due execution of this Act in relation to (i)imported animals and carcases; and (ii)other imported things, whether animate or inanimate, by or by means of which it appears to the Department that any disease might be carried or transmitted; and <(iii)persons, animals, poultry and other things, whether animate or inanimate, which have been or may have been in contact with such imported animals, carcases or other things;] (a)for prescribing (i)the ports, aerodromes and landing places at which alone imported animals may be landed; (ii)the aerodromes which alone may be used by aircraft carrying imported animals; (b)for defining the limits of landing places for the purposes of this Act; (c)for defining parts of ports and aerodromes; (i)the detention on board any vessel, hovercraft, aircraft or vehicle of any other description of any consignment the landing of which would contravene an order of the Department; and (ii)the export of any such consignment or the export, treatment or destruction of any other consignment which has been landed in contravention of an order of the Department;] (d)for prohibiting or regulating the movement of animals into, within, or out of a landing place; (e)for prescribing and regulating the inspection and examination, and the mode, time and conditions of slaughter, of animals in a landing place; (f)for prescribing and regulating the disposal of animals not being imported animals, and being in a landing place; (g)for regulating the removal of carcases, [or other things, whether animate or inanimate,] into, within, or out of a landing place, and the disposal thereof, when likely to introduce or spread disease; (h)for prescribing and regulating the cleansing and disinfection of a landing place or any part thereof; (j)for prescribing and regulating the disinfection or destruction of things being in a landing place or removed thereout; (k)for regulating the movement of persons into, within, or out of a landing place; (l)for prescribing and regulating the disinfection of the clothes of persons employed or being in a landing place, and the use of precautions against the introduction or spreading by them of disease; <(m)for prescribing and regulating the seizure and detention of any imported animal, carcase, [or other things, whether animate or inanimate,] whereby disease may be introduced or spread; (n)for requiring imported animals, whether as a condition of landing or otherwise, to be marked by tagging or in any other manner; (o)for providing for the application to imported animals of any test for disease or of any treatment for disease. (2) The power to make orders conferred on the Ministry by sub-section (1) shall include power to make, for the purpose of preventing contagious disease in poultry, orders (a)for prohibiting or regulating the importation of poultry, and applying any of the provisions of the Third Schedule or otherwise; and (b)for prohibiting or regulating the importation of egggs [ and authorising the destruction of imported eggs and applying with or without modification to imported eggs and their destruction any of the provisions of Part II of the Third Schedule relating to animals and their slaughter]; [[(3) Without prejudice to sub-section (2), an order made under this section authorising the destruction of imported eggs may provide that compensation shall not be payable where the eggs carried disease or infection at the time of landing or come from the same source as eggs found to carry disease or infection.][ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 23A Compensation not payable for animals temporarily in Northern Ireland for quarantine purposes. 23A. Notwithstanding any other provision of this Act, no compensation shall be payable under this Act in respect of any imported animal which enters Northern Ireland for quarantine purposes in the course of transit to any place out of Northern Ireland.] DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 24 Laying of orders before Parliament. 24. Every order of the Ministry in relation to the landing or conveyance of imported animals or poultry shall be laid before Parliament.[ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 24A Export of animals and poultry. 24A. The Ministry may by order make provision in the interests of animal health or of human health, for regulating the exportation from Northern Ireland to a member State of animals or poultry or carcases thereof, and in particular for prohibiting exportation without such certificate or licence as may be prescribed by the order, and as to the circumstances in which and conditions on which a certificate or licence may be obtained.] Prevention of sheep scab. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 25 25. The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for prescribing, regulating and securing the periodical treatment of all sheep by effective dipping or by the use of some other remedy for sheep scab. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 26 Provision of facilities for sheep-dipping. 26. The Ministry may provide and maintain dipping facilities and afford to the public, upon such terms and conditions (including conditions as to payment) as the Ministry may think proper, the use thereof and of any appliances and materials necessary to the effective use thereof, so, however, that nothing shall be done under this sub-section so as to affect injuriously the water in any stream, reservoir, aqueduct, well, pond or place constructed or used for the supply of water for any domestic purpose. Original s.27 rep. by 1960 c.6 (NI) s.3(1); 1968 c.11 (NI) s.5(4) Prohibition of unauthorised possession or administration of scheduled substances. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 27 27.a8)1) The Department may by order designate any disease of, or organism carried in, animals which in the opinion of the Department constitutes a risk to human health. (2) Where any disease or organism is for the time being designated under this section, the Department may by order (a)provide for any provision of this Act which has effect in relation to the disease to have effect in relation thereto subject to such modifications as may be specified in the order; (b)apply any provision of this Act, subject to any modifications so specified, in relation to the presence of the organism in an animal as if the presence of the organism were a disease to which this Act applied. (3) The Department may by order make provision for requiring a person who, in such circumstances as are specified by the order, knows or has reason to suspect that an animal of such description as is specified in the order is or was (a)affected with a disease designated under this section; or (b)a carrier of an organism so designated, (4) If it appears to the Department that a person may have information relating to an animal affected with a disease designated under this section or an animal which is a carrier of an organism so designated, the Department may by notice in writing require him to furnish to such person and in such form and within such period as are specified in the notice such information relating to the animal as he possesses and is so specified. (5) Where an inspector has reason to believe that an animal such as is mentioned in sub-section (4) is or has been on any land he may, on production if required of his credentials (a)enter the land and make such tests and take such samples of any animal, feeding stuff, litter, dung, vessel, pen, vehicle or other thing whatsoever which is on or forms part of the land as he thinks appropriate for the purpose of ascertaining whether such an animal is or has been on the land; and (b)require the owner or person having charge of any animals on the land to take such reasonable steps as the inspector may specify for the purpose of collecting or restraining them so as to facilitate the exercise in relation to them of the powers conferred on the inspector by paragraph (a). (6) This section shall have effect in relation to poultry as it has effect in relation to animals. (7) In this section the expression "disease" is not restricted by its definition in section 52 and the First Schedule.] Part II (ss.2832) rep. by 1968 c.67 s.135 sch.8 1945 c.9 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32A 32A.(1) Subject to any exemptions for which provision may be made by an order of the Ministry and to the provisions of sub-section (2), it shall not be lawful for a person (a)to have in his possession for administration to animals (whether by himself or by any other person), or (b)to administer to any animal, (i)is in his possession by virtue of prescription or supply by a registered veterinary surgeon or a registered veterinary practitioner for its administration by way of treatment to an animal under his care, or (ii)being so in his possession, is administered to the animal by him by way of such treatment. (2) Sub-section (1) shall not be taken to prohibit the possession of a substance specified in Part II of the Fourth Schedule by a person of any of the following descriptions (in so far as is necessary for the practice or exercise of his profession, trade, function or employment as such), that is to say, (a)a registered veterinary surgeon or a person employed by him; (b)a registered veterinary practitioner or a person employed by him; (c)a person carrying on the business of a manufacturer of, or wholesale dealer in, substances specified in the said Part II (excluding a manufacturer of or dealer in animal feeding stuffs); (d)a registered pharmaceutical chemist; (e)an authorised seller of poisons within the meaning of the Medicines, Pharmacy and Poisons Act (Northern Ireland) 1945; (f)a person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research; (g)a person acting in accordance with the directions of a person of a description specified in any of paragraphs (c) to (f) (i)on premises occupied for the purposes of the profession, trade, function or employment of the person so specified; or (ii)for the purpose of delivering the substance after sale to a person who, under this Part, may lawfully have a substance of that kind in his possession; (i)an inspector or an authorised officer of the Ministry; (i)a person acting in a capacity specified in paragraph (a) or (b), fr therapeutic purposes; or (ii)a person acting in a capacity specified in paragraph (f) or a person acting in accordance with his directions. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32B Power to amend Part II of the Fourth Schedule. 32B.(1) The Ministry may make orders for the purposes of (a)ensuring the keeping of such records of the administration to animals (other than animals kept in a laboratory such as is referred to in sub-section (2)(f) of section thirty-two A) of substances specified in Part II of the Fourth Schedule as may be required by the orders; and (b)providing for the inspection, verification and copying of such records by officers of the Ministry; (2) Orders made under this section shall be subject to negative resolution. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32C Offences under Part IIA. 32C. The Ministry may make orders, subject to negative resolution, (a)adding any substance to, or removing any substance from Part II of the Fourth Schedule; or (b)modifying the provisions of that Part with respect to any substance specified in it. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32D Powers of entry, examination and seizure. 32D.(1) If any person has in his possession or administers to any animal a substance, in contravention of section thirty-two A, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding three months or to both. (2) The court by which a person is convicted of an offence under sub-section (1) with respect to a substance shall order any quantity of it which has been found in his possession to be forfeited and to be (a)destroyed, or (b)disposed of by sale to any person who, under this Part, may lawfully have a substance of that kind in his possession, or (c)delivered up to the Ministry, Temporary prohibitions on disposal of certain animals. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32E 32E.(1) For the purpose of ascertaining whether there has been any contravention of the provisions of this Part or of any order made thereunder, an inspector may, at any reasonable time and on production, if demanded, of his authority to act as such, (a)enter any land, building (not being a building used only as a private dwelling house), shed, pen, place, vehicle, aircraft, vessel or boat wherein he has reasonable grounds for supposing that any animal or carcase or any animal feeding stuff or any substance specified in Part II of the Fourth Schedule is to be found; and (b)examine any animal or carcase or any such feeding stuff or substance found therein, and for that purpose open any container; and (c)in relation to any such animal, carcase, feeding stuff or substance apply such tests, take such samples and apply such marks as may be reasonably necessary or as may be required by an order of the Ministry made subject to negative resolution. (2) An inspector may seize and detain any substance which he has reasonable grounds for supposing is liable to be forfeited under this Part and any document referring to such a substance which he has reasonable grounds for supposing may be required as evidence in proceedings under this Part. (3) An inspector seizing any substance or document in the exercise of his powers under this section shall inform the owner thereof (if known to him). (4) Where any substance or document is seized as aforesaid, the Ministry (a)at the request of any person who claims to be the owner thereof and who, within the period of four months from the date of the seizure produces to the Ministry such evidence of his title as the Ministry may reasonably require, shall return the substance or document to that person, unless (whether before of after the expiration of the said period) (i)some person is charged with an offence under this Part in relation to the substance; or (ii)proceedings in which the document may be required as evidence are commenced under this Part; or (b)where a person is charged with an offence in relation to the substance or in proceedings such as are mentioned in paragraph (a)(ii) and is acquitted, shall return the substance or document to any person who appears to the Ministry to be the owner thereof and also, in the case of a substance, to be a person who, under this Part, may lawfully have a substance of that kind in his possession; or (c)in any other case may dispose of the substance or document as the Ministry thinks fit. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32F Interpretation of Part IIA. 32F. Where an inspector has reasonable grounds for supposing that a substance specified in Part II of the Fourth Schedule has been administered to any animal, the inspector may, by notice in writing, require the owner of that animal to retain it in his possession for such period not exceeding 6 months as may be specified in the notice and, where such a notice is given in respect of any animal, the owner of the animal or, in the event of his death, any successor in title of his who is aware of the restriction imposed by the notice shall retain the animal in his possession until the expiration of the period so specified or until the expiration of such other period as may be specified in a further notice under this section. Any owner who has received such a notice may after consultation with the Ministry dispose of the animal in any market acceptable to the Ministry. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 32G 1976 NI 22 32G. In this Part "animals" includes poultry; "registered pharmaceutical chemist" means a person registered in the register of pharmaceutical chemists in pursuance of [the Pharmacy (Northern Ireland) Order 1976]; "registered veterinary practitioner" means a person registered in the supplementary veterinary register in pursuance of the Vetinary Surgeons Act 1948; "registered veterinary surgeon" means a person registered in the register of veterinary surgeons in pursuance of the Veterinary Surgeons Act 1881.] Yearly return by Ministry to Parliament. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 33 33.(1) ... all costs and expenses incurred by or on behalf of the Ministry in the execution or for the purposes of ... this Act shall be defrayed out of moneys provided by Parliament. (2) Any moneys received by the Ministry by virtue or for the purposes of this Act shall be paid into the Exchequer. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 34 1899 c.50 34.(1) The Ministry shall once in every year make and lay before both Houses of Parliament a return stating the proceedings and expenditure of the Ministry under this Act, and showing the number of imported animals landed and found diseased in the last preceding financial year, specifying separately the different kinds of disease, and the ports, aerodromes and landing places of exportation and landing, and the mode of disposal of the animals; and containing such other information respecting the operation of this Act as the Ministry thinks fit. (2) The return under this section may be made and laid before Parliament as part of the yearly report required by section twenty-six of the Agriculture and Technical Instruction (Ireland) Act, 1899. Provision of wharves, etc. [ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 34A 34A.(1) Where the Ministry is authorised or required by any provision of this Act to make any payment by way of compensation or otherwise in respect of animals or poultry, the Ministry may make the payment to the person appearing to it to be the owner of the animals or poultry and the payment to such person shall be a complete discharge of the Ministry's liability to make the payment. (2) Where, under sub-section (1), any payment is made in respect of animals or poultry to a person who is not the owner of the animals or poultry, that person shall, subject to any agreement to the contrary between him and the owner, be liable to pay to the owner an amount equal to the amount of that payment and any amount which a person is liable to pay to an owner under this sub-section may be recovered by the owner as a civil debt due from that person to the owner. (3) Where animals or poultry are hired under a hire-purchase agreement (a)the Ministry may, where a payment is authorised or required to be made under section two, otherwise than in respect of animals or poultry which have been slaughtered, treat the hirer as the owner of those animals or poultry; (b)paragraph (c) of section five, sub-section (4) of section twelve, sub-section (1) of section thirty-six and sub-section (7) of section forty-one shall apply to those animals and poultry as if references therein to the owner included references to the hirer.] 1847 c.14 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 35 35.(1) The Ministry may by order empower a [district council] to provide, erect, and fit up wharves, stations, lairs, sheds, and other places for the landing, reception, keeping, sale, slaughter or disposal of imported or other animals, carcases, fodder, litter, dung and other things. (2) An order made under sub-section (1) may, without prejudice to the generality of that sub-section, provide for all or any of the following matters, that is to say: [(a)the making by the [district council] of bye-laws for the regulation and control of any wharf or other place provided under the order and prescribing charges or tolls approved by the Ministry after consultation with the Ministry of Finance for the use of any such wharf or place or in default of such bye-laws the prescribing of such charges or tolls by an order of the Ministry made after consultation with the Ministry of Finance; (b)the application without modification or with such modifications as may be specified in the order of (i)all or any of the provisions of the Markets and Fairs Clauses Act, 1847 to or in relation to any such wharf or place;] Sub-para.(ii) rep. by SRO (NI) 1973/343 (c)the application by the [district council] of any moneys so received by them; (d)the making by the [district council] of such periodical returns of their receipts and expenditure in respect of any such wharf or place as may be prescribed by the order. (3) Where a [district council] is unable or unwilling to perform such functions as are referred to in sub-section (1), or where the council of a county or county borough satisfy the Ministry that it is impracticable or inexpedient that such functions should in their area be performed by the [district council], the Ministry may by order empower some other authority or person to perform those functions, and sub-section (2) shall have effect accordingly. An order made under this sub-section may make such modifications in section thirty-seven or section thirty-eight as appear to the Ministry to be necessary to give effect to the order. (4) An order under sub-section (3) shall be subject to negative resolution. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 36 Reports for Ministry. 36.(1) A [district council] may bury the carcase of any animal or bird to whose owner no land suitable for the purposes is available. (2) Where a carcase washed ashore is buried or destroyed under the direction of a receiver of wreck with authority from the Minister of Transport and Civil Aviation, the expenses thereof shall be expenses of the [district council], and shall be paid by the [district council] to the receiver on demand, and in default of payment shall be recoverable with costs by the receiver from the [district council]. (3) Where a [district council] has incurred any expenses under sub-section (2) on account of the burial or destruction of the carcase of any animal or bird which, or the carcase of which, was thrown or washed from any vessel or fell from an aircraft, the owner of the vessel or aircraft shall be liable to repay such expenses to the [district council]. S.37 rep. by SRO (NI) 1973/343 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 38 Functions of constables. 38. Every [district council] and their inspectors and officers shall furnish to the Ministry such notices, reports, returns and information as the Ministry may require. Agricultural marketing boards to furnish information to the Ministry. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 39 39.(1) It shall be the duty of the Royal Ulster Constabulary to execute the provisions of this Act and of every order of the Ministry; and such provisions shall be enforceable by any constable. (2) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence against this Act, a constable may, without warrant, stop and detain him; and, if his name and address are not known to the constable, and such person fails to give them to the satisfaction of the constable, the constable may, without warrant, apprehend him; and the constable may, whether so stopping or detaining or apprehending the person or not, stop, detain, and examine any animal, poultry, vehicle, boat, or thing to which the offence or suspected offence relates, and require the same to be forthwith taken back to or into any place or district whence it was unlawfully removed, and execute and enforce that requisition. (3) If any person obstructs or impedes or assists to obstruct or impede a constable in the execution of this Act or of an order of the Ministry, the constable may without warrant apprehend the offender. (4) A person apprehended under this section shall be taken with all practicable speed before a justice, and shall not be detained without a warrant longer than is necessary for that purpose; and all enactments relating to the release of persons on recognizances taken by a constable shall apply in the case of a person apprehended under this section. (5) The foregoing provisions of this section respecting a constable extend and apply to any person called by a constable to his assistance. (6) A constable shall forthwith make a report in writing to his superior officer of every case in which he stops any person, animal, poultry, vehicle, boat, or thing under this section, and of his proceedings consequent thereon. (7) Nothing in this section shall take away or abridge any power or authority that a constable would have had if this section had not been enacted. Records and returns. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40 40.(1) It shall be the duty of every board administering a scheme under the Agricultural Marketing Acts (Northern Ireland), 1933 to 1955, to furnish to the Ministry at any time such information as the Ministry may reasonably require for the purposes of its functions under this Act. Subs.(2) rep. by 1964 c.13 (NI) s.27 sch.3[ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40A Seizure of records. 40A. The Department may by order require any owner of animals or poultry and any person engaged in the purchase, sale, dispatch, transit or delivery of animals, poultry or the products of animals or poultry (a)to keep such records and retain such documents as may be specified in the order; and (b)to furnish to the Department such information and returns as may be so specified; and (c)to permit an inspector to inspect and take extracts from such records and documents.][ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 40B General powers of inspectors. 40B.(1)For the purpose of inspecting records and documents under section 40A (c) aninspectormay, at any time, enter any premises and seize and detain any such records and documents found therein. (2) A power of entry under sub-section (1) shall not be exercisable except (a)with the consent given by or on behalf of the occupier of the premises; or (b)after at least twenty-four hours' notice of the entry has been served on the occupier of the premises; or (c)under the authority of a warrant granted under sub-section (3). (3) Where a justice of the peace is satisfied by complaint on oath (a)that admission to premises is reasonably required for the purpose specified in the complaint; and (b)that an authorised person would, apart from sub-section (2), be entitled for that purpose to exercise in respect of the premises a power of entry under sub-section (1); and (c)that (i)admission to the premises has been refused, or that a refusal is apprehended, and (in either case) that notice of the intention to apply for a warrant has been served on the occupier; or (ii)the requirements of sub-section (2)(b) hve been complied with; or <(iii)an application for admission, or the serving of a notice under sub-section (2)(b), would defeat the object of the entry; (4) A warrant granted under this section shall continue in force for a period of one month. (5) Where an inspector seizes any records or documents under sub-section (1), he shall inform the person from whom they are seized. (6) Where, in pursuance of a power of entry under sub-section (1), entry is made on any premises by an inspector, he shall ensure that the premises are not left less secure by reason of the entry, and the Department shall make good or pay compensation for any damage caused by the inspector in entering the premises, in carrying out any inspection or in making the premises secure. (7) Any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal.] DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 41 Power to detain vessels and aircraft. 41.(1) An inspector shall have, for the purposes of this Act, all the powers which a constable has, under this Act or otherwise; and those powers shall be exercisable throughout Northern Ireland. (2) An inspector may at any time enter any land, building, shed, pen or place (a)wherein he has reasonable grounds for supposing (i)that disease exists or has within fifty-six days existed; or (ii)that the carcase of a diseased or suspected animal or bird is or has been kept, or has been buried, destroyed, or otherwise disposed of; or <(iii)that there is to be found any pen, place, vehicle or thing in respect whereof any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Ministry; or <(iv)that this Act or an order of the Ministry has not been or is not being complied with; (b)for the purpose of ascertaining whether any disease exists or has within fifty-six days existed therein. [(c)xtlf2021which has been imported and the importation of which is prohibited or regulated by an order under this Act; or (ii)the use or distribution of which is prescribed and regulated by an order under this Act; or (c)the collection, holding or processing of which is prohibited or regulated by an order under this Act.] (3) An inspector may at any time, for the purpose of enforcing any order for protecting animals or poultry from unnecessary suffering, examine animals or poultry in any circumstances to which the order relates and any receptacle or vehicle used for their conveyance or exposure for sale, and enter any premises, vessel, or aircraft in which the inspector has reasonable ground for supposing that there are animals or poultry exposed for sale, or in course of conveyance, or packed for conveyance or exposure for sale. [(4) For the purpose of ascertaining whether the provisions of this Act or any order of the Department have been or are being complied with, an inspector may at any time enter any pen, vessel, boat, hovercraft, aircraft or vehicle of any other description.] (5) An inspector entering under this section shall, if required by the owner or occupier or person in charge of the land, building, place, pen, vehicle, vessel, boat or aircraft, state in writing his reasons for entering. (6) A certificate of a veterinary inspector to the effect that an animal or bird is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence in all courts of justice of the matter certified. (7) An inspector may examine any animals or poultry on or in any land, building, place, pen, vehicle, vessel, boat or aircraft entered by him under this section; and the owner of any animals or poultry which may be so examined shall comply with all reasonable requirements of the inspector and afford all other reasonable facilities for the purpose of such examination. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 42 1894 c.60 42.(1) Where an inspector is satisfied that this Act or an order of the Ministry has not been or is not being complied with on board a vessel in a port or an aircraft in an aerodrome, then, on the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel or aircraft may be detained until the Ministry otherwise directs. (2) The officer detaining the vessel or aircraft shall forthwith deliver a copy of the representation to the master of the vessel or pilot of the aircraft or other person having the command or charge of the vessel or aircraft as the case may be. (3) Section six hundred and ninety-two of the Merchant Shipping Act, 1894, shall apply in the case of such detention of a vessel as if it were authorised or ordered under that Act, and the Ministry may by order modify the said section six hundred and ninety-two, or may make such other provision instead of it as the Ministry thinks expedient, for the purpose of such detention of an aircraft. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 43 Payment of fees and expenses. 43. No stamp duty shall be payable on, and save as otherwise expressly provided in this Act, no fee or other charge shall be demanded or made for, any appointment, certificate, declaration, licence, or thing under this Act or an order of the Ministry, or for any inspection or other act precedent to the granting, making, or doing of a certificate, declaration, licence, or other thing.[ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 43A Evidence, and form and service of instruments. 43A.(1) Notwithstanding anything in section forty-three, the Ministry may by order made with the approval of the Ministry of Finance [(a)prescribed fees, expenses or other charges to be paid with respect to such business transacted or to be transacted under this Act as may be specified in the order; and] (b)specify the persons by whom, the time at which and the manner in which such fees and expenses are to be paid. (2) Where an order under this section provides for the payment of a fee or expenses before the transaction of the business with respect to which it is payable and the business is not transacted or not wholly transacted, the Ministry may, if it thinks fit, repay the whole or part of the fee or expenses. (3) Any order made under this section shall be subject to negative resolution.] DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 44 Offences against this Act. 44.(1) In any proceeding under this Act, no proof shall be required of the appointment or handwriting of an inspector or other officer of the Ministry. (2) Every notice under this Act or under any order made under this Act shall be in writing. (3) The Ministry may make such orders as it thinks fit for prescribing and regulating the form and mode of service or delivery of notices and other instruments. Prohibition on possession of illegal imports. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 45 45.(1) If any person, without lawful authority or excuse, proof whereof shall lie on him, does any of the following things, he shall be guilty of an offence against this Act; (a)if he does anything in contravention of this Act, or of an order of the Ministry; or (b)if, where required by this Act or by an order of the Ministry to keep an animal or bird separate as far as practicable, or to give notice of disease with all practicable speed, he fails to do so; or (c)if he fails to give, produce, observe or do any notice, licence, rule or thing which by this Act, or by an order of the Ministry, he is required to give, produce, observe, or do; or (d)if he does anything which by this Act or an order of the Ministry is made or declared to be not lawful; or (e)if he does or omits anything, the doing or omission whereof is declared by this Act or by an order of the Ministry to be an offence by him against this Act; or (f)if he refuses to an inspector or other officer, acting in execution of this Act or of an order of the Ministry, admission to any land, building, place, vessel, aircraft, pen, vehicle, or boat which the inspector or officer is entitled to enter or examine, or obstructs or impedes him in so entering or examining, or otherwise in any respect obstructs or impedes an inspector or constable or other officer in the execution of his duty, or assists in any such obstructing or impeding; or (i)fails to comply with a requirement imposed on him under section 27; or (ii)in purported compliance with a requirement to furnish information which is imposed on him under section 27 knowingly or recklessly furnishes information which is false in a material particular; or] (g)if he throws or places, or causes or suffers to be thrown or placed, into or in any river, stream, canal, navigation, or other water, or into or in the sea within [4.8 kilometres] of the shore, the carcase of an animal or bird which has died of disease, or been slaughtered as diseased or suspected. (2) If any person does any of the following things, he shall be guilty of an offence against this Act: (a)if, with intent unlawfully to evade this Act or an order of the Ministry, he does anything for which a licence is requisite under this Act or an order of the Ministry without having obtained a licence; or (b)if, where a licence is requisite, having obtained a licence, he, with the like intent, does the thing licensed after the licence has expired; or (c)if he uses or offers or attempts to use as such a licence an instrument not being a complete licence, or an instrument untruly purporting or appearing to be a licence, unless he shows to the satisfaction of the court that he did not know of that incompleteness or untruth, and that he could not with reasonable diligence have obtained knowledge thereof; or (d)if, with intent unlawfully to evade this Act or an order of the Ministry, he alters, or falsely makes, or ante-dates, or counterfeits, or offers or utters, knowing the same to be altered, or falsely made, or ante-dated, or counterfeited, a licence, declaration, certificate, or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or of an order of the Ministry; or (e)if, for the purpose of obtaining a licence, certificate, or instrument, he makes a declaration or statement false in any material particular, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof; or (f)if he obtains or endeavours to obtain such a licence, certificate, or instrument by means of a false pretence, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof; or (g)if he grants or issues such a licence, certificate, or instrument, being false in any date or other material particular, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof, or if he grants or issues such a licence, certificate, or instrument, having, and knowing that he has, no lawful authority to grant or issue the same; or (h)if, with intent unlawfully to evade or defeat this Act or an order of the Ministry, he grants or issues an instrument being in form a licence, certificate, or instrument made or issued under this Act or an order of the Ministry for permitting or regulating the movement of a particular animal or bird, or the doing of any other particular thing, but being issued in blank, that is to say, not being before the issue thereof so filled up as to specify any particular animal, bird or thing; or (j)if he uses or offers or attempts to use for any purpose of this Act or of an order of the Ministry, an instrument so issued in blank, unless he shows to the satisfaction of the court that he did not know of its having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge thereof; or Para.(k) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I (l)if, without lawful authority or excuse, proof whereof shall lie on him, he digs up, or causes to be dug up, a carcase buried under the direction of the Ministry or of a [district council] or of a receiver of wreck; or <(m)if, where the Ministry has by order prohibited, absolutely or conditionally, the use for the carrying of animals, or for any purpose connected therewith, of a vessel, aircraft, vehicle, or pen, or other place, he, without lawful authority or excuse, proof whereof shall lie on him, does anything so prohibited [; or (n)if in any record or return required by virtue of any provision of this Act to be kept or made by him, or in any application for compensation made by him in pursuance of a scheme under section three B, he makes any statement which is false in a material respect, unless he shows to the satisfaction of the court that he did not know of, and had no reason to suspect, that falsity and that he could not with reasonable diligence have obtained knowledge thereof.][ DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 45A Punishment for offences against this Act. 45A.(1) If any person has in his possession any thing which has been imported in contravention of an order of the Department he shall be guilty of an offence against this Act. (2) Where a person is charged with an offence under sub-section (1) and he satisfies the court that he had no reason to suppose the thing to have been unlawfully imported, and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence, the charge against that person shall be dismissed.] DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 46 Proceedings in court of summary jurisdiction. 46.(1) If any person is guilty of an offence against this Act, he shall for every such offence be liable (a) to a fine not exceeding [#500]; or (b)if the offence is committed with respect to more than five animals or birds, to a fine not exceeding [#100] for each animal or bird; or (c)where the offence is committed in relation to carcases, [or other inanimate things], to a fine not exceeding [#500] together with a further fine not exceeding [#100] in respect of every [508 kilogrammes] in weight thereof after [the first 508 kilogrammes]. (2) Where a person has been convicted of an offence under any paragraph of sub-section (1) of section forty-five he shall be liable, on a further conviction within a period of twelve months for a second or subsequent offence against the same paragraph, in the discretion of the court, to be imprisoned for any term not exceeding one month in lieu of the fine to which he is liable under sub-section (1) of this section. (3) A person guilty of an offence under sub-section (2) of section forty-five shall be liable on conviction, in the discretion of the court, to be imprisoned for any term not exceeding two months in lieu of the fine to which he is liable under sub-section (1) of this section. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 47 Offences in respect of section two. 47.[(1) Subject to sub-section (2), ..., any offence] against this Act may be prosecuted, and any fine in respect thereof may be recovered, and any money by this Act or an order of the Ministry made recoverable summarily may be recovered, and any summary order under this Act or an order of the Ministry may be made, in manner provided by the Summary Jurisdiction Acts; but nothing in this section shall apply to proceedings under the Customs Acts. [(2) Summary proceedings under this Act for an offence ... may be commenced at any time within the period of [three years] from the commission of the offence or within the period of six months from the date on which evidence sufficient to justify a prosecution for the offence comes to the knowledge of the Ministry, whichever period first expires; and for the purposes of such proceedings a certificate purporting to be signed by the Minister or a secretary or assistant secretary of the Ministry as to the date on which such evidence as aforesaid came to the knowledge of the Ministry shall be prima facie evidence thereof.] Subs.(3), inserted by 1966 c.23 s.4, which was rep. by 1975 NI 3 art.11 sch. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 48 1949 c.2 48.(1) Any person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any sum payable under section two shall, unless in the case of an indictable offence he is indicted for the offence, be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. (2) Any person who obstructs or impedes any person duly authorised under sub-section (4) of section two to make any inspection shall be liable on summary conviction in the case of a first offence to a fine not exceeding twenty pounds and, in the case of a second or subsequent offence punishable under this sub-section, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding one month, or to both such fine and such imprisonment. In considering for the purposes of this sub-section or sub-section (3) of section forty of the Agriculture Act (Northern Ireland), 1949, whether an offence is or is not a first offence, references to an offence punishable under this sub-section or that sub-section shall be taken as including references to offences punishable under that sub-section or this sub-section, as the case may be, or under sub-section (2) of section thirty of the Agriculture Act, 1937. S.49 rep. by SLR 1980 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 50 General provisions as to procedure. 50.(1) If any person lands or ships or attempts to land or ship an animal, bird or thing in contravention of this Act or of an order of the Ministry, he shall be liable, under and according to the Customs Acts, to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation whereof is prohibited by or under the Customs Acts, without prejudice to any proceeding against him under this Act for an offence against this Act. (2) The animal, bird or thing in respect whereof the offence is committed shall be forfeited under and according to the Customs Acts in like manner as goods the importation whereof is prohibited by or under the Customs Acts. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 51 Interpretation. 51.(1) Where the owner or person in charge of any animal or bird is charged with an offence against this Act relative to disease or to any illness of that animal or bird, he shall be presumed to have known of the existence of the disease or illness, unless and until he shows to the satisfaction of the court that he had not knowledge thereof, and could not with reasonable diligence have obtained that knowledge. (2) Where a person is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, aircraft, vehicle, or thing belonging to him or under his charge, and a presumption against him on the part of the prosecution is raised, it shall lie on him to prove the due cleansing and disinfection thereof. (3) Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the Ministry shall be deemed to have arisen, either in any place where the same actually was committed or arose, or in any place where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint, or proceeding. 1979 c.2 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 52 52.(1) In this Act the expression "animal" means an animal of any kind specified in Part I of the First Schedule; "poultry" means birds of any of the kinds specified in Part II of the First Schedule and the expression "bird" shall be construed accordingly; "disease", in relation (a)to animals, means any disease specified in Part III of the First Schedule; and (b)to poultry, means any disease specified in Part IV of the First Schedule; (2) In this Act the expression "aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; "carcase" means the carcase of an animal or bird and includes part of a carcase, and the meat, bones, hide, skin, hair, feathers, hooves, horns, offal or other part of an animal or bird, separately or otherwise, or any portion thereof; "cattle" means bulls, cows, oxen, heifers, and calves; "cattle plague" means rinderpest or the disease commonly called cattle plague; "the Customs Acts" means [the Customs and Excise Management Act 1979], and any enactment amending or substituted for that Act; "diseased" means affected with disease; "eggs" means the eggs of poultry; "fodder" means hay or other substance (including milk) used for food of animals or poultry; "glanders" includes that form of glanders which is commonly known as farcy; Definition rep. by SRO (NI) 1973/343 "horse" includes ass and mule; "imported", as applied to animals, poultry and things, means brought by any means into Northern Ireland from a country out of Northern Ireland; "in contact with", in relation to a diseased or suspected animal or bird, means being or having been in the same field, shed, stable, sty, pen or other place, or in the same herd or flock as, or otherwise in contact with, that animal or bird; "inspector" means a person appointed by the Ministry to be an inspector for the purposes of this Act; "justice" means justice of the peace; "landing", in relation to imported animals, poultry, or things, means landing them from a ship, vessel, aircraft or vehicle, or otherwise introducing them into Northern Ireland; "landing-place" means a part of a port or aerodrome, or any other place, defined by an order of the Ministry for the purpose of the landing of imported animals or poultry; "litter" means straw or other substance commonly used for bedding or otherwise for or about animals or poultry; "Minister" means the Minister of Agriculture; "Ministry" means the Ministry of Agriculture; "order of the Ministry" means an order made by the Ministry under this Act; "pleuro-pneumonia" means contagious pleuro-pneumonia of cattle; "shipping" includes carriage by air and carriage in a vehicle; "suspected" means suspected of being diseased; "swine-fever" means the disease known as typhoid fever of swine, soldier purples, red disease, hog cholera or swine-plague; "veterinary inspector" means an inspector being a member of the Royal College of Veterinary Surgeons, or any veterinary practitioner qualified as approved by the Ministry; "veterinary surgeon" includes any person lawfully qualified to practice veterinary surgery in Northern Ireland. DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 53 1954 c.33 53.(1) The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act (a)generally, for the purpose of the due execution of this Act or of the prevention of the spreading of disease; (b)in particular Sub-para.(i) rep. by 1965 c.3 (NI) s.22 sch. (ii)for the several purposes specified in the foregoing provisions of this Act. [(1A) For the removal of doubt and without prejudice to section 17 of the Interpretation Act (Northern Ireland) 1954, it is hereby declared that an Order under this Act imposing prohibitions or restrictions may, and shall be deemed always to have been enabled to, provide that the Department may do so by means of the issue of licences in such form and subject to such conditions as may be prescribed in the order.] (2) Every order of the Ministry shall have effect as if it had been enacted by this Act. (3) The Ministry shall publish in the Belfast Gazette a notice of any order made by it under this Act stating that the order has been made and the place where copies of the order may be obtained. (4) The validity or effect of an order of the Ministry, licence, or other instrument issued by the Ministry shall not be affected by want of or defect or irregularity in any publication thereof. (5) Sub-sections (3) and (4) shall not apply to any order subject to negative resolution under sub-section (2) of section two [or sub-section (1) of section three B] or sub-section (3) or sub-section (4) of section ten [or sub-section (2) of section thirty-two B or section thirty-two C or sub-section (1)(c) of section thirty-two E] or sub-section (4) of section thirty-five [or sub-section (3) of section forty-three A]. (6) It shall be the duty of the Ministry, in order to secure uniformity of action, to communicate with all practicable speed to the Ministry of Agriculture, Fisheries and Food for the United Kingdom every order of the Ministry. S.54 rep. by SLR 1973 DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 55 Sections 1, 2, 10 and 52. 55.(1) This Act may be cited as the Diseases of Animals Act (Northern Ireland), 1958. Subs.(2) rep. by SLR 1973 [All species of the following orders of mammals except Homo sapiens (man) [Birds belonging to the following orders: Diseases of Animals: Provided that section 4(1) of the Act (which relates to separation of diseased animals and notice of disease) shall not apply in the case of atrophic rhinitis and Aujesky's disease]. 1. Cattle Plague: (1) The Ministry shall cause to be slaughtered all animals affected with cattle plague. (2) The Ministry may cause to be slaughtered any animal which is or which has been in contact with an animal affected with cattle plague, where the Ministry is satisfied that such slaughter is necessary for preventing the spreading of cattle plague. (3)The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any animals suspected of being affected with cattle plague, or being in a place infected with cattle plague; (b)any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but in this last-mentioned case subject to such regulations as the Ministry of Finance thinks fit to make). 2. Pleuro-pneumonia: (1) The Ministry shall cause to be slaughtered all cattle affected with pleuro-pneumonia. (2) The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any cattle suspected of being affected with pleuro-pneumonia; and (b)any cattle which are or which have been in contact with cattle affected with pleuro-pneumonia, or which appear to the Ministry to have been in any way exposed to the infection of pleuro-pneumonia. (3) Where the Ministry has decided that any head of cattle is to be slaughtered under this paragraph, the Ministry shall, if the owner of such head of cattle by notice in writing so requires, cause the same to be slaughtered within twenty-one days after the receipt of the notice. 3. Foot-and-Mouth Disease: The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any animals affected with foot-and-mouth disease, or suspected of being so affected; and (b)any animals which are or have been in contact with animals affected with foot-and-mouth disease, or which appear to the Ministry to have been in any way exposed to the infection of foot-and-mouth disease. [4. Swine Fever: The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any swine affected with swine fever or suspected of being so affected; and (b)any swine which are or have been in contact with swine affected with swine fever or which appear to the Ministry to have been in any way exposed to the infection of swine fever.] 5. Bovine Tuberculosis: (1) The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for providing, in case of the existence or suspected existence of tuberculosis in cattle, and subject to such conditions as the Ministry thinks fit to prescribe, for the slaughter of cattle under the supervision of veterinary inspectors, either generally or in particular instances. (2) The Ministry may by such orders provide for the slaughter of cattle which appear to the veterinary inspector to be affected with tuberculosis in any such form, or at any such stage, as may be prescribed by the orders. 6. Sheep-pox: (1) The Ministry shall cause to be slaughtered all sheep affected with sheep-pox. (2) The Ministry may, if it thinks fit, cause to be slaughtered (a)any sheep suspected of being affected with sheep-pox; and (b)any sheep which are or have been in contact with sheep affected with sheep-pox or which appear to the Ministry to have been in any way exposed to the infection of sheep-pox. [7. Rabies: The Department may cause to be slaughtered (a)any animal affected with rabies or suspected of being so affected; (b)any animal which is or has been in contact with an animal affected with or suspected of being affected with rabies; and (c)any animal which has in any way been exposed to the infection of rabies.] 8. Glanders: The Ministry may, if it thinks fit, cause to be slaughtered (a)any horse affected with glanders, or suspected of being so affected; and (b)any horse which is or has been in contact with horses affected with glanders or which appears to the Ministry to have been in any way exposed to the infection of glanders. 9. Diseases of Poultry: The Ministry may, if it thinks fit, cause to be slaughtered (a)any diseased or suspected poultry; or (b)any poultry which are or have been in contact with diseased poultry or which appear to the Ministry to have been in any way exposed to the infection of disease. [10. Brucellosis: The Ministry may make such orders as it thinks fit, subject and according to the provisions of this Act, for providing, in the case of the existence or suspected existence of brucellosis in cattle, and subject to such conditions as the Ministry thinks fit to prescribe, for the slaughter of cattle.] [11. Bovine leucosis, Johne's disease, Lumpy skin disease, Blue tongue, Teschen disease, African swine fever, Swine vesicular disease, Vesicular exanthema, African horse sickness, Dourine, Equine encephalomyelitis, Transmissible gastro-enteritis, Influenza A infection, Epizootic lymphangitis, Visna-Maedi complex, Jaagsiekte complex: The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any animal affected with any of the above diseases, or suspected of being so affected; and (b)any animal which is or has been in contact with an animal affected with any of the above diseases, or which appears to the Ministry to have been in any way exposed to the infection of any of the diseases.] 1. Cattle Plague: The compensation shall (a)where the animal slaughtered was affected with cattle plague, be one-half of its value immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered. 2. Pleuro-pneumonia: The compensation shall (a)where the animal slaughtered was affected with pleuro-pneumonia, be three-fourths of the value of the animal immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered. 3. Foot-and-Mouth Disease: The compensation shall (a)where the animal slaughtered was affected with foot-and-mouth disease, be the value of the animal immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered. [4. Swine Fever: The Ministry may, if it thinks fit, in any case cause to be slaughtered (a)any swine affected with swine fever or suspected of being so affected; and (b)any swine which are or have been in contact with swine affected with swine fever or which appear to the Ministry to have been in any way exposed to the infection of swine fever.] 5. Bovine Tuberculosis: The compensation in all or any cases shall be such as is provided by the relevant orders. 6. Sheep-pox: The compensation shall (a)where the sheep slaughtered was affected with sheep-pox, be one-half of the value of the sheep immediately before it became so affected; and (b)in every other case, be the value of the sheep immediately before it was slaughtered. [7. Rabies: The compensation shall (a)where the animal slaughtered was affected with rabies, be one-half of the value of the animal immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered.] 8. Glanders: The compensation shall (a)where the horse was affected with glanders, be one-half of its value immediately before it became so affected; and (b)in every other case be the value of the horse immediately before it was slaughtered. 9. Diseases of Poultry: The compensation for any poultry slaughtered shall be the value thereof immediately [before slaughter so, however, that where the poultry were hatched from imported eggs and were slaughtered while kept or detained for quarantine purposes, the compensation, if any, payable for that poultry shall be the value at the time of importation of the eggs from which such poultry were hatched.] [10. Brucellosis: The compensation in all or any cases shall be such as may be provided by the relevant Orders.] [11. Bovine leucosis, ..., Lumpy skin disease, Blue tongue, Teschen disease, African swine fever, ..., Vesicular exanthema, African horse sickness, Dourine, Equine encephalomyelitis, Transmissible gastro-enteritis, Influenza A infection, Epizootic lymphangitis, Visna-Maedi complex, Jaagsiekte complex: The compensation shall (a)where the animal slaughtered was affected with any of the above diseases be one-half of its value immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered.] [12. Swine vesicular disease: The compensation shall (a)where the animal slaughtered was affected with swine vesicular disease, be the value of the animal immediately before it became so affected; and (b)in every other case, be the value of the animal immediately before it was slaughtered.] [13. Johne's disease: The compensation shall (a)where the animal slaughtered was affected with Johne's disease, be 75 of its value immediately before it was slaughtered; and (b)in every other case, be the value of the animal immediately before it was slaughtered.] 1. The animals shall be landed only at a landing place as defined by this Act. 2. The animals shall be landed in such manner, at such times, and subject to such supervision and control as the Commissioners of Customs and Excise direct. 3. The animals shall not be moved alive out of the landing place. 1. The animals shall be landed only at a landing place as defined by this Act. 2. The animals shall be landed in such manner, at such times, and subject to such supervision and control as the Commissioners of Customs and Excise direct, and subject to such conditions in respect of the animals, or of the vessel, aircraft or vehicle from which they are landed, as the Ministry by order prescribes. 3. When landed the animals shall immediately be conveyed, in such manner and subject to such precautions as the Ministry may by order prescribe, to ... a quarantine station. 4. The animals shall not be moved out of the quarantine station except on conditions prescribed by order of the Ministry. 5. Notwithstanding anything in the foregoing provisions of this Part the provisions of this Act relating to [slaughter in the case of existence or suspicion of disease or in the case of contact with diseased stock] and to the ownership of carcases of such animals, shall ... apply to animals within a quarantine station. [5A. The provisions of the Act relating to compensation or other payments in respect of animals compulsorily slaughtered shall not apply to animals which while in a quarantine station are found to be affected with disease, or to have been in contact with diseased stock, or are suspected of being diseased, except where the Department is satisfied that such slaughter was necessary due to the existence of disease which originated from a source unconnected with the animals in the quarantine station.] [6. Without prejudice to paragraph 5, the Ministry may cause to be slaughtered any imported animals in a quarantine station which appear to the Ministry to have been in any way exposed to the infection of (a)any disease not endemic in Northern Ireland, not being a disease included in the First Schedule; or (b)any other disease not being a disease included in the First Schedule which in the opinion of the Ministry would constitute a hazard to the health of animals in Northern Ireland.] Para.7 rep. by 1975 NI 12 art.8(2) sch.2 [1. The Department may by order make such further or other provision as the Department thinks necessary or expedient with regard to animals or poultry which, while in a landing place or quarantine station (a)are found to be affected with disease; or (b)are suspected of being diseased; or (c)are found to have been in contact with diseased stock; or (d)do not pass disease tests;] [2. In this Schedule, a "quarantine station" means (a)premises or accommodation approved by the Department for quarantine purposes; and (b)premises or accommodation approved by the Department for the holding of animals for a further period of isolation following release from premises or accommodation such as is mentioned in sub-paragraph (a).] Part I rep. by 1968 c.67 s.135(4) sch.8 1. Any of the following substances: 2. Any other androgenic, oestrogenic or progestational substance or preparation, prepared synthetically or from a natural source, which, on being administered to animals or incorporated in animal feedingstuffs produces androgenic, oestrogenic or progestational effects. 3. Any substance containing any proportion of (a)any of the substances specified in paragraph 1, or (b)any substance or preparation such as is mentioned in paragraph 2.] [[4. Any of the following substances to be administered to swine: (a)Para-aminophenylarsonic acid. (b)Any other form of arsenic.]] 5. Any substance containing any proportion of any of the substances specified in paragraph 4 if such substance is to be administered to swine.] 6. The prohibition in section 32A of the Act shall not apply to any person who has in his possession a substance specified in paragraphs 4 and 5 for administration to animals other than swine (whether by himself or by any other person) or who administers any such substance to any animal other than swine.] Fifth Schedule rep. by SLR 1973

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	Statutes of Northern Ireland
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Statutes of Northern Ireland