The Diseases of Animals (Northern Ireland) Order 1981

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Diseases of Animals (Northern Ireland) Order 1981.

(2) This Order shall come into operation on the expiration of one month from the day on which it is made.

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order

• “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;

• “animal” means an animal of any kind specified in Part I of Schedule 1;

• “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 of it;

• “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 1979F2 and any enactment amending or substituted for that Act;

• “the Department” means the Department of Agriculture;

• “disease”, in relation—

  (a)

  to animals, means any disease specified in Part III of Schedule 1; and

  (b)

  to poultry, means any disease specified in Part IV of Schedule 1;

• “diseased” means affected with disease;

• “eggs”[F3 , except in Part 2A,] 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;

• “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, 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 Department to be an inspector for the purpose of this Order;

• “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 part of a port or aerodrome, or any other place, defined by an order of the Department 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;

• “modify” means making additions, omissions, amendments, extensions, restrictions and substitutions;

• “notice” means notice in writing;

• “order of the Department” means an order made by the Department under this Order;

• “pleuro-pneumonia” means contagious pleuro-pneumonia of cattle;

• “poultry” means birds of any of the kinds specified in Part II of Schedule 1, and “bird” shall be construed accordingly;

• [F4 “premises” includes—

  (a)

  any land, building, shed, pen or other place;

  (b)

  any receptacle or container;

  (c)

  any ship, vessel, boat, aircraft, hovercraft or vehicle of any other description;]

• “shipping” includes carriage by air and carriage in a vehicle;

• “statutory provision” has the meaning assigned to it by section 1 (f) of the Interpretation Act (Northern Ireland) 1954;

• “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 Department;

• “veterinary surgeon” includes any person lawfully qualified to practise veterinary surgery in Northern Ireland.

(3) For[F5 all or any of] the purposes of this Order, the Department may, by order, modify the provisions of Schedule 1; and an order made under this paragraph may modify the provisions of Schedule 2 if it appears to the Department that the modifications are necessary or expedient for the purposes of that order.

(4) For the purposes of section 42 (2) of the Northern Ireland Constitution Act 1973F6 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

(5) Provisions of this Order which re-enact provisions of an order or regulations made under any statutory provision shall have no greater effect by virtue of their re-enactment.

F1 1954 c. 33 (NI)

F2 1979 c. 2

F3 Art. 2(2): words in definition of "eggs" inserted (12.3.2010) by Diseases of Animals Act (Northern Ireland) 2010 (c. 1), ss. 21(1), 22(1), Sch. 2 para. 1(a); S.R. 2010/70, art. 2

F4 Art. 2(2): definition of "premises" inserted (12.3.2010) by Diseases of Animals Act (Northern Ireland) 2010 (c. 1), ss. 21(1), 22(1), Sch. 2 para. 1(b); S.R. 2010/70, art. 2

F5 1994 NI 6

F6 1973 c. 36