DISEASES OF ANIMALS, ACT, 1938

AN ACT TO AMEND AND EXTEND THE DISEASES OF ANIMALS (IRELAND) ACTS, 1894 TO 1935. [16th May, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Diseases of Animals Act, 1894, and where the context so permits or requires, includes all Acts (including this present Act) amending or extending the Diseases of Animals Act, 1894;

the expression “the Act of 1934” means the Poultry (Diseases) Act, 1934 (No. 25 of 1934);

the expression “the Minister” means the Minister for Agriculture.

2 Amendment of the Act of 1934.

2.—(1) The definition of the word “poultry” contained in section 1 of the Act of 1934 is hereby amended by the insertion after the word “turkeys”, of the words “ducks, geese”, and the word “poultry” in the Act of 1934 (including the Act of 1934, as amended by this section) and this Act shall be construed accordingly.

• (2) The expression “poultry eggs” in the Act of 1934 (including the Act of 1934, as amended by this section) and this Act means eggs of poultry.

• (3) Section 2 of the Act of 1934 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

• (a) by the deletion in paragraph (c) of the said section of the words “intended to be used for hatching” and the substitution, in lieu of the words so deleted, of the words “either generally or with such exceptions as the Minister for Agriculture thinks fit”;

• (b) by the substitution of the following paragraph in lieu of paragraph (d) of the said section, that is to say:.—

• “(d) for prohibiting or restricting and regulating the movement and use within the State of poultry eggs, whether produced within or without the State”.

3 Suspension of operation of orders under the Principal Act.

3.—(1) The Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a suspensory order) declare that any specified order made under the Principal Act shall, so long as such suspensory order remains in force, cease to be in operation, and whenever a suspensory order is made then, as on and from the date on which such suspensory order comes in force, the Order under the Principal Act to which such suspensory order relates shall, so long as such suspensory order remains in force, cease to be in operation.

• (2) The Minister may by order under this sub-section revoke a suspensory order, and thereupon, as on and from the date on which such first-mentioned order comes into force, the Order under the Principal Act to which such suspensory order relates shall again come into operation.

4 Export of articles imported in contravention of an order under the Principal Act.

4.—(1) Whenever any animals, poultry, poultry eggs or other articles of whatsoever kind are imported in contravention of an order made under the Principal Act, an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such animals, poultry, poultry eggs or other articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence under this section and be liable on summary conviction thereof to a fine of fifty pounds.

• (2) An offence under this section may be prosecuted by the Revenue Commissioners.

5 Short title and collective citation.

5.—This Act may be cited as the Diseases of Animals Act, 1938, and the Diseases of Animals (Ireland) Acts, 1894 to 1935, and this Act may be cited together as the Diseases of Animals (Ireland) Acts, 1894 to 1938.