Animal Health and Welfare Act 2013

• (6) Regulations made under this section are in addition to and not in substitution for animal health and welfare regulations.

• (7) In this section “data” means information supplied or gathered and records kept for the purposes of tracing protected animals under protected animal tracing systems.

64. Census of animals.

64.—(1) The Minister may conduct a census of animals or of animals of a particular class or description for the purpose of confirming the location, category and ownership of animals in the State or for any other purpose.

• (2) The Minister may make regulations requiring persons to provide information under this Act, specifying, in particular—

• (a) the general nature of the information required,

• (b) the frequency with which it is to be provided, and

• (c) the persons required to provide it.

• (3) The Minister may, under regulations made under subsection (2), direct a person by notice in writing—

• (a) to complete and return a form, questionnaire or other record in accordance with any instructions set out in the notice or otherwise communicated to the person,

• (b) to answer questions asked of the person, or

• (c) to supply any record, copy or extract from any record,

within such period, being not less than 14 days, specified in the notice from the service of the notice and in such manner as specified in the notice.

• (4) A person who fails to provide information in accordance with a requirement under regulations made under this section commits an offence and is liable on summary conviction to a class B fine.

PART 12 Animal Marts

65. Definitions.

65.—F31[…]

66. Prohibition of unlicensed animal marts, etc.

66.— F32[…]

67. Grant of licences for animal marts, etc.

67.— F33[…]

68. Power of Minister to revoke or refuse licence.

68.— F34[…]

69. Appeal against refusal or revocation of licence.

69.— F35[…]

70. Regulations in relation to animal marts.

69.— F35[…].—

71. Application (Part 12).

71.— F37[…]

F38[PART 12A Prohibition on Fur or Skin Farming]

71A. F39[Definitions.

71A.— (1) In this Part—

“Act of 1967” means the Redundancy Payments Act 1967;

“appeal” means an appeal under section 71J(1);

“application” means, except in section 71C, an application under section 71D(1) made, in accordance with this Part and the regulations, by a licensee;

“determination” means, in relation to an application, a determination made by an assessor under section 71F(2)(b) in respect of that application;

“dispose”, in relation to a specified animal, includes killing the animal in such manner as to inflict as little suffering as possible in the circumstances or causing the animal to be so-killed;

“fur or skin farming” means the breeding, rearing or keeping of a specified animal solely or primarily for the value of, or the manufacture of products from, its fur or skin;

“income losses”means losses of income;

“licensee”means a person who immediately before the commencement of this Part held a licence granted under the Musk Rats Act 1933;

“non-income losses” means losses other than income losses;

“redundant worker” means an employee (within the meaning of the Act of 1967) of a licensee who was dismissed, during the period commencing 6 months before, and ending 6 months after, the date of commencement of this Part;

“regulations”means regulations made under section 71D;

“specified animal” means—

• (a) a dog, fox, jackal, wolf and all other members of the Canidae family,

• (b) a domestic cat, wild feline and all other members of the Felidae family,

• (c) a hare, rabbit and all other members of the Leporidae family,

• (d) a mink, weasel, stoat and all other Rodentia,

• (e) a raccoon, olingo and all other members of the Procyonidae family,

• (f) a civet and all other members of the Viverridae family,

• (g) a reptile, and

• (h) any other animal or class of animal designated in an order made by the Minister under subsection (2).

• (2) The Minister may, by order, designate an animal or class of animal as a specified animal for the purpose of paragraph (h) of the definition "specified animal" in subsection (1).]

71B. F40[Prohibition

71B.— (1) A person shall not—

• (a) engage in fur or skin farming, or

• (b) possess or have under his or her control a specified animal for the purpose of—

• (i) breeding, rearing or keeping the specified animal for or on behalf of a person who is engaged in the fur or skin farming of the specified animal, or

• (ii) selling or supplying the specified animal to another person to be used by the other person for the fur or skin farming of the specified animal.

• (2) A person who contravenes subsection (1) commits an offence.]

71C. F41[Seizure under section 38 of specified animal: supplementary provisions.

71C.— (1) Without prejudice to section 23(4), where an authorised officer seizes and detains a specified animal pursuant to section 38(4)(v), the Minister shall, as soon as practicable after the seizure and detention, apply to a judge of the District Court for an order authorising the Minister to dispose of the specified animal and the judge shall, unless there is good reason not to do so, grant the application.

• (2) The Minister shall not make an application under subsection (1) unless he or she—

• (a) has served a notice on the person who appeared to be in possession or control of the specified animal immediately prior to it being seized and detained, or

• (b) if that person cannot be readily identified, placed or cause to be placed the notice on or near the land or premises from which the specified animal was seized and detained.

• (3) An order made under subsection (1) shall be expressed and operate to authorise the Minister to dispose of the specified animal in a manner that he or she considers appropriate.]

71D. F42[Compensation for licensees under Musk Rats Act 1933.

71D.— (1) A licensee may, subject to this Part and the regulations, make an application to the Minister for compensation for income losses, non-income losses and costs incurred by the licensee as a direct result of the licensee’s ceasing to carry on the business of the fur farming of mink by reason of the enactment of this Part.

• (2) The Minister shall, on application by a licensee to him or her in accordance with subsection (1) and the regulations, pay the licensee such compensation as may be determined in accordance with this Part.

• (3) For the purposes of this Part, the Minister may make regulations—

• (a) specifying the income losses, non-income losses and costs in respect of which compensation shall be payable,

• (b) providing for the basis of valuation for assessing income losses and non-income losses,

• (c) providing, in respect of a particular income loss, non-income loss or type of costs—

• (i) that a specified amount of compensation shall be payable, or

• (ii) the basis on which the amount of compensation payable (which may be subject to a maximum amount) shall be determined,

• (d) providing, subject to any conditions set out in the regulations, for the types of costs reasonably incurred for which compensation may be payable, including the following costs:

• (i) costs of disposal of breeding mink;

• (ii) demolition and clean-up costs in respect of the removal of any buildings, specialised fencing or other structures used for the fur farming of mink that cannot reasonably be used for any other purpose;

• (iii) amounts paid by the applicant to any redundant workers in accordance with section 19 of the Act of 1967;

• (iv) costs incurred by the applicant for services provided to the applicant—

• (I) by a chartered accountant or a public relations professional, or both, for any representations to the Minister made on behalf of the applicant during the 12 month period immediately before the date of enactment of this Part and ending on the date immediately preceding that date in respect of proposals to prohibit the fur farming of mink, and

• (II) by a chartered accountant or a valuation professional, or both, in the preparation of the applicant’s application and in providing assistance to the applicant during the course of the assessor’s consideration of the applicant’s application,

• (e) authorising the Minister to make, in specified circumstances, an advance payment to an applicant in respect of any particular income loss, non-income loss or type of cost and providing for the manner, including the setting off or recovery of the advance payment against any compensation payments to be made under this Part, in which the advance payment is to be repaid,

• (f) subject to section 71E, providing for the manner of appointment of an assessor and the terms and conditions of such an appointment,

• (g) specifying the form and content of an application, the documents and other information that are to accompany it and the period within which an application is to be submitted,

• (h) specifying the procedures to be followed by the assessor in his or her consideration of an application, and

• (i) providing for any other related matters including such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.]

71E. F43[Appointment of assessor.

71E. (1) The Minister may, in accordance with the regulations, where applicable, appoint a person (in this Part referred to as an "assessor") who, in the opinion of the Minister, possesses the appropriate level of skill, knowledge and qualifications to perform the functions of an assessor under this Part, to be an assessor.

• (2) Subject to this Part, an assessor shall be independent in the performance of his or her functions.

• (3) An assessor may engage one or more persons to assist him or her in the performance of his or her functions.

• (4) An assessor and any persons engaged by him or her under subsection (3) shall be paid such fees and expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine. ]

71F. F44[Assignment of application to assessor.

71F. (1) The Minister, upon receipt on an application, shall—

• (a) assign an assessor to consider the application in accordance with subsection (2), and

• (b) transmit the application and any documents required to be submitted with it to the assessor.

• (2) The assessor to whom an application is assigned under subsection (1) shall, in accordance with this Part and the regulations—

• (a) examine the application and any information or documents transmitted to him or her under subsection (1) or provided by the applicant in compliance with section 71G, and

• (b) determine the amount of compensation payable to the applicant.]

71G. F45[Assessor may require or seek further information or documents.

71G. (1) For the purpose of performing his or her functions under this Part in relation to an application, the assessor may, by notice in writing, require an applicant—

• (a) to provide such further information or documents as are specified by the assessor that, in the assessor’s opinion, are reasonably required for the purposes of the consideration of the application, or

• (b) to verify such information or documents submitted with the application or provided under paragraph (a) as are specified by the assessor.

• (2) For the purposes of subsection (1), where the information or documents referred to in paragraph (b) of that subsection, or anything required to verify such information or documents, is in the power, possession or procurement of a third party, the applicant shall make every reasonable effort to obtain that information or those documents from the third party concerned.

• (3) The notice under subsection (1) shall specify the period, which may be extended by the assessor for good reason, within which the requirement concerned shall be complied with.

• (4) An applicant and his or her employees, servants or agents shall give all assistance (including permission to enter the applicant’s property) to, and cooperate with, the assessor and any persons engaged under section 71E(3) for the purpose of performing their functions under this Part.]

71H. F46[Failure by applicant to cooperate.

71H. (1) This section applies where an applicant or, where applicable, his or her employee, servant or agent—

• (a) fails to provide any information or documents required to be submitted with the application,

• (b) fails to comply with a requirement under section 71G(1),

• (c) fails to comply with section 71G(4), or

• (d) provides information to the assessor that is, in a material respect, incomplete, inaccurate or misleading.

• (2) Where a circumstance referred to in paragraph (a), (b), (c) or (d) of subsection (1) applies and, as a result, the assessor is of the opinion that he or she is unable to adequately verify or substantiate any information or document provided by the applicant, he or she, in making a determination, may do one or more of the following:

• (a) draw any adverse inferences that he or she considers appropriate;

• (b) in determining the amount of compensation payable to the applicant in respect of the income loss, non-income loss or cost to which the failure to provide the required information, documentation or cooperation, or the incomplete, inaccurate or misleading information provided, relates—

• (i) determine that the applicant is not entitled to compensation, or

• (ii) have regard to the failure or to the fact that the information is incomplete, inaccurate or misleading, as the case may be.]

71I. F47[Notice of determination.

71I. (1) Upon making his or her determination the assessor shall, as soon as practicable, by notice in writing, inform the applicant concerned of—

• (a) in relation to each income loss, non-income loss and type of cost in respect of which the applicant has applied for compensation—

• (i) whether any compensation is payable, and

• (ii) where compensation is payable, the amount of compensation payable to the applicant,

• (b) the reasons for the determination, and

• (c) the applicant’s entitlement under section 71J to appeal the determination, or a part of the determination.

• (2) The assessor shall, as soon as possible after providing the applicant with a notice under subsection (1), provide a copy of the notice to the Minister.

• (3) The assessor shall transmit to the Minister all of the information and documents examined by the assessor in the course of his or her consideration of the application.

• (4) Subject to an appeal, a determination is final.]

71J. F48[Appeal to High Court.

71J. (1) The applicant concerned or the Minister, where he or she is dissatisfied with a determination or with a part of such a determination relating to a particular income loss, non-income loss or type of cost to which the application concerned relates, may, not later than 3 months from the date on which he or she receives the notice referred to in section 71I, appeal the determination, or the part of the determination, as the case may be, to the High Court.

• (2) An appeal shall be commenced by motion on notice grounded on affidavit.

• (3) In any appeal—

• (a) where the appeal is by the applicant, the Minister shall be the respondent,

• (b) where the appeal is by the Minister, the applicant shall be the respondent, and

• (c) each party shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

• (4) The High Court shall give such directions and make such orders for the conduct of an appeal as it considers appropriate for the purpose of determining the proceedings in a manner which is just and expeditious.

• (5) Following consideration of an appeal, the High Court may by order—

• (a) affirm the determination or part of the determination, as the case may be, or

• (b) subject to subsection (6)—

• (i) vary the determination or part of the determination,

• (ii) set aside the determination or part of the determination and remit it, for stated reasons, to the Minister, or

• (iii) where the Court considers it appropriate to do so, by reference to submissions, documents or evidence before it which were not examined by the assessor in his or her consideration of the application concerned or for other good reason, substitute its determination for the determination or part of the determination.

• (6) The High Court shall make an order under subsection (5)(b) only where it is satisfied, taking into account the degree of expertise and specialist knowledge possessed by the assessor and taking the process as a whole, that—

• (a) a serious and significant error or a series of such errors was made in making the determination or part of the determination the subject of the appeal, or

• (b) the determination or part of the determination was made without complying with fair procedures.]

71K. F49[Remission of determination to Minister.

71K. Where the High Court makes an order under section 71J(5)(b)(ii), the Minister shall, in accordance with the terms of the order and section 71F(1), assign an assessor to consider the application concerned and the assessor shall proceed, having regard to the stated reasons of the Court, to consider the application concerned in accordance with this Part, and this Part and the regulations shall apply accordingly.]

71L. F50[Payment of compensation by Minister.

71L. (1) The Minister shall—

• (a) pay to the applicant concerned the amount of compensation set out in the determination—

• (i) where no appeal has been made, as soon as practicable after the date on which the period specified in section 71J(1) for making such an appeal has expired, or

• (ii) where an appeal has been made, but the determination under appeal ceases to be under appeal, as soon as practicable after the date on which the determination under appeal ceases to be under appeal,

or

• (b) where the High Court has made an order under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5), pay to the applicant concerned compensation in accordance with the order as soon as practicable after the date on which the order is made.

• (2) Where an appeal has been made in respect of a part of a determination only—

• (a) the Minister shall, as soon as practicable, pay to the applicant concerned compensation in accordance with the parts of the determination that are not the subject of the appeal, and

• (b) paragraphs (a)(ii) and (b) of subsection (2) shall apply in respect of the parts of the determination that are the subject of the appeal.

• (3) Where an advance payment has been made to an applicant by the Minister in accordance with regulations made under section 71D(3)(e), and has not been repaid in whole or in part, the Minister may, in accordance with regulations made under section 71D(3)(e), reduce the amount payable to the applicant under subsection (1) or (2), as the case may be, by the amount, or a portion of the amount, of the advance payment owing.

• (4) For the purposes of this section, a determination under appeal ceases to be under appeal where—

• (a) the party who appealed withdraws or abandons the appeal, or

• (b) where both parties have appealed, the appeal is withdrawn or abandoned by both parties.

• (5) In this section—

"determination under appeal" means a determination, or a part of a determination, that has been appealed under section 71J, but in relation to which no order has been made by the High Court under paragraph (a), or paragraph (b)(i) or (iii), of section 71J(5);

"date on which a determination under appeal ceases to be under appeal" means—

• (a) where subsection (4)(a) applies, the date of the withdrawal or abandonment concerned, or

• (a) where subsection (4)(b) applies, the date on which the later party to withdraw or abandon the appeal does so.]

71M. F51[Revocation of licences under Musk Rats Act 1933

All licences granted under the Musk Rats Act 1933 and subsisting on the date immediately before the date on which this Part comes into operation are, on that date, revoked.]

PART 13 Miscellaneous

72. Forgery.

72.—(1) A person shall not forge or utter knowing it to be forged—

• (a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act,

• (b) a form of identification relating to an animal,

• (c) a requirement of an authorised officer under section 41, if the requirement is in writing,

• (d) an animal health and welfare notice, or

• (e) a notice erected under animal health and welfare regulations F52[…].

• (2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered—

• (a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act,

• (b) a form of identification relating to an animal,

• (c) a requirement of an authorised officer under section 41, if the requirement is in writing,

• (d) an animal health and welfare notice, or

• (e) a notice erected under animal health and welfare regulations F52[…].

• (3) A person shall not have, without lawful authority (the proof of which lies on him or her), in his or her possession or under his or her control a document that has been forged, uttered or altered in contravention of subsection (1) or (2).

• (4) A person who contravenes this section commits an offence.

73. Fees.

73.—(1) A person shall pay—

• (a) on application for a registration, licence, permit, approval, authorisation or certificate of the Minister or other person under animal health and welfare regulations,

• (b) in respect of an inspection required before consideration of an application mentioned in paragraph (a),

• (c) in respect of the provision of any examination, test or analyses of an animal, animal product, animal feed or other thing or sample, or

• (d) in respect of any treatment of an animal by the Minister,

such fee (if any) as may be fixed from time to time by the Minister.

• (2) Different fees may be fixed in respect of applications for different classes of the matters referred to in subsection (1) but may not exceed the cost of providing the service, estimated by the Minister, to which the fee relates.

• (3) The Minister or other person referred to in subsection (1) shall not consider an application unless it is accompanied by the appropriate fee (if any).

• (4) The Minister may publish in such manner as he or she decides fees fixed under this section.

74. Service agreements.

74.—(1) The Minister may, from time to time, enter in writing into an agreement or other arrangement (“service agreement”) subject to such terms or conditions as the Minister decides, with another person for the performance of a function under this Act (other than a function under sections 1(2), 7, 9, 26(2), 36(1) regarding the making of regulations, 49, 55, 61, 63 and 64(2) and under Parts 6 and 9).

• (2) The Minister may at any time withdraw or alter the terms of a service agreement.

• (3) A service agreement operates, so long as it continues in operation, to confer on and vest in the person with whom the agreement is made, the function specified in, and subject to any conditions set out in, the agreement.

• (4) Notice of a service agreement or its withdrawal or alteration, shall be published in the Iris Oifigiúil and in such other manner (if any) as the Minister decides.

75. Continuance of certain instruments.

75.— The statutory instruments mentioned in Schedule 4, are continued in force and are considered to be animal health and welfare regulations and may be amended or revoked under section 36.

PART 14 Amendment of Certain Enactments

76. Amendment of Animal Remedies Act 1993.

76.—F53[…]

77. Amendment of section 17 of Dog Breeding Establishments Act 2010.

77.— The Dog Breeding Establishments Act 2010 is amended, in section 17(b), by the insertion after “Act of 1986” of “or regulations made under section 36 of the Animal Health and Welfare Act 2013”.

78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.

78.— The Welfare of Greyhounds Act 2011 is amended—

• (a) in section 12(7)(b), by substituting for subparagraph (iii) the following:

• “(iii) Part 2 or 3 or regulations made under section 36 of the Animal Health and Welfare Act 2013,”,

and

• (b) in section 15(8)—

• (i) in paragraph (a), by substituting for subparagraph (iii) the following:

• “(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”,

and

• (ii) in paragraph (b), by substituting for subparagraph (iii) the following:

• “(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”.

SCHEDULE 1 Enactments Repealed

Section 4.

Session and Chapter or Number and Year	Short Title or Subject	Extent of Repeal
(1)	(2)	(3)
5 & 6 Vict., c. 24	Dublin Police Act 1842	Sections 8 and 17(5)
10 & 11 Vict., c. 89	Town Police Clauses Act 1847	Sections 28 and 36
17 & 18 Vict., c. 103	Towns Improvement (Ireland) Act 1854	Sections 72 and 75
41 & 42 Vict., c. 52	Public Health (Ireland) Act 1878	Section 57(1)
50 & 51 Vict., c. 27	Markets and Fairs (Weighing of Cattle) Act 1887	The whole Act
54 & 55 Vict., c. 70	Markets and Fairs (Weighing of Cattle) Act 1891	The whole Act
8 Edw. 7, c. 34	Bee Pest Prevention (Ireland) Act 1908	The whole Act
1 & 2 Geo. 5, c. 27	Protection of Animals Act 1911	The whole Act
11 & 12 Geo. 5, c. 13	Captive Birds Shooting (Prohibition) Act 1921	The whole Act
11 & 12 Geo. 5, c. 16	Importation of Plumage (Prohibition) Act 1921	The whole Act
No. 16 of 1933	Musk Rats Act 1933	The whole Act
No. 42 of 1934	Slaughter of Cattle and Sheep Act 1934	The whole Act
No. 37 of 1935	Slaughter of Cattle and Sheep (Amendment) Act 1935	The whole Act
No. 45 of 1935	Slaughter of Animals Act 1935	The whole Act
No. 20 of 1936	Flax Act 1936	The whole Act
No. 33 of 1936	Slaughter of Cattle and Sheep (Amendment) Act 1936	The whole Act
No. 14 of 1938	Agricultural Products (Regulation of Import) Act 1938	The whole Act
No. 18 of 1947	Agricultural and Fishery Products (Regulation of Export) Act 1947	The whole Act
No. 27 of 1947	Clean Wool Act 1947	The whole Act
No. 49 of 1947	Poultry Hatcheries Act 1947	The whole Act
No. 9 of 1950	Flax Act 1936 (Suspension) Act 1950	The whole Act
No. 10 of 1965	Protection of Animals (Amendment) Act 1965	The whole Act
No. 6 of 1966	Diseases of Animals Act 1966	The whole Act
No. 20 of 1967	Livestock Marts Act 1967	The whole Act
No. 26 of 1968	Wool Marketing Act 1968	The whole Act
No. 26 of 1979	Bovine Diseases (Levies) Act 1979	The whole Act
No. 11 of 1984	Wool Marketing Act 1984	The whole Act
No. 13 of 1984	Protection of Animals Kept for Farming Purposes Act 1984	The whole Act
No. 13 of 1985	Control of Bulls for Breeding Act 1985	The whole Act
No. 32 of 1986	Control of Dogs Act 1986	Sections 20, 24 and 29
No. 5 of 1996	Bovine Diseases (Levies) (Amendment) Act 1996	The whole Act
No. 37 of 1996	Control of Horses Act 1996	Sections 43, 44 and 48
No. 2 of 2000	National Beef Assurance Scheme Act 2000	The whole Act
No. 3 of 2001	Diseases of Animals (Amendment) Act 2001	The whole Act
No. 29 of 2001	Agriculture Appeals Act 2001	Sections 12 and 13

SCHEDULE 2 Diseases to which Act applies

Sections 2 and 7.

SCHEDULE 3 Matters in respect of which Animal Health and Welfare Regulations may be made

Section 36(1).

Housing and Husbandry of animals

• (a) dimensions and layout of housing,

• (b) materials to be used in constructing housing, and

• (c) lighting, heating, cooling and ventilation of housing.

Disease control and veterinary

Identification of animals

F54[14A. The regulation (including the restriction or prohibition) of the acquisition, possession, sale, supply or transport of an animal required to be identified.

14B. The establishment and maintenance of a database and entry on the database of information relating to an animal required to be identified and publication of information relating to such an animal.

14C. The operation and training of persons in connection with the provision and publication of information on and the operation of a database referred to in paragraph 14B.]

Measures to be taken regarding animals

Transport or movement of animals

F55[21. The regulation (including restriction or prohibition) of transport or movement of animals, animal products or animal feed, including provisions in respect of—

• (a) the conditions (including provision of adequate food and water) in which an animal is kept while being moved or transported to avoid any unnecessary suffering or discomfort, and

• (b) notification of the transport or movement, including any notification of adverse weather conditions forecast for the period of transport or movement.]

• (a) standards required of equipment, a vessel, aircraft, vehicle, container or other thing used for, or ancillary to, the transport or movement of an animal, animal product or animal feed, and

• (b) care, including feeding, watering and rest periods of an animal during transport or movement.

• (a) notice to be given prior to the import or export,

• (b) places of departure from, or entry into, the State,

• (c) documentation to accompany an animal, animal product, animal feed, litter, farm machinery, animal transport vehicles or other equipment being imported or exported.

Regulation of activities relating to animals

• (a) keeping, breeding, rearing or other use of an animal in such a manner as to avoid unnecessary suffering to the animal,

• (b) breeding of animals (including zootechnical matters) to protect or enhance their health and welfare including—

• (i) their possession and sale, and

• (ii) the use of their semen, ova, eggs, embryos and foetuses.

The regulation or prohibition of the movement of persons

Regulation of veterinary and other procedures

Animal health and welfare control programmes

• (a) programmes for the identification (including microchipping), neutering, spaying or humane destruction of animals,

• (b) regulation (including prohibition) of the sale orsupply of an animal unless identified, neutered or spayed,

• (c) identifying (including microchipping), neutering or spaying an animal detained under this or any other enactment prior to returning the animal or supplying it to any person, and

• (d) the provision of sufficient security by a person to identify, neuter or spay an animal.

Administrative

F57[40A. The granting (including the suspension and revocation) of licences in respect of the operation of a livestock mart, where the mart holds livestock on its land or premises immediately before or after the sale, supply, auction or brokerage of the livestock.]

F55[EU matters

Collection of information in relation to animals and animal products (tracing systems)

F56[48. Establishing standards for tracing systems whether established and maintained by the Minister or another person (including the training of persons involved in the operation of the systems).

• (a) monitoring, controlling or preventing disease or the risk of disease,

• (b) eradicating or reducing the incidence of disease, or

• (c) monitoring, optimising or enhancing animal welfare.

• (a) the identification of animals by a local authority or charity engaged in work relating to the welfare of animals, and

• (b) access to information kept on an animal tracing system database by a local authority or charity engaged in work relating to the welfare of animals.

SCHEDULE 4 Statutory Instruments considered to be Animal Health and Welfare Regulations

Section 75.

Orders under the Diseases of Animals Act 1966

1.	The Importation of Dogs and Cats Order 1929 (S.R. & O., No. 4 of 1929)
2.	Importation of Dogs and Cats (Amendment) (No. 2) Order 1970 (S.I. No. 203 of 1970)
3.	Rabies (Importation, Landing and Movement of Animals) Order 1972 (S.I. No. 16 of 1972)
4.	Warble Fly (Notification and Treatment) Order 1975 (S.I. No. 267 of 1975)
5.	Rabies Order 1976 (S.I. No. 94 of 1976)
6.	Rabies (Importation, Landing and Movement of Animals) (Amendment) Order 1976 (S.I. No. 95 of 1976)
7.	Warble Fly (Notification and Treatment) (Amendment) Order 1977 (S.I. No. 10 of 1977)
8.	Warble Fly Order 1981 (S.I. No. 338 of 1981)
9.	Diseases of Animals (Feeding and Use of Swill) Order 1985 (S.I. No. 153 of 1985)
10.	Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 (S.I. No. 308 of 1989)
11.	Brucellosis in Cattle (General Provisions) Order 1991 (S.I. No. 114 of 1991)
12.	Diseases of Animals (Poultry Feed) Order 1991 (S.I. No. 364 of 1991)
13.	Diseases of Animals (Carriage of Cattle by Sea) Order 1996 (S.I. No. 17 of 1996)
14.	Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 1996 (S.I. No. 85 of 1996)
15.	Brucellosis in Cattle (General Provisions) (Amendment) Order 1996 (S.I. No. 86 of 1996)
16.	Importation of Pathogenic Agents Order 1997 (S.I. No. 373 of 1997)
17.	Brucellosis in Cattle (General Provisions) (Amendment) Order 1998 (S.I. No. 39 of 1998)
18.	Diseases of Animals (Carriage of Cattle by Sea) (Amendment) Order 1998 (S.I. No. 343 of 1998)
19.	Diseases of Animals (Carriage of Cattle by Sea) (Amendment) (No. 2) Order 1998 (S.I. No. 506 of 1998)
20.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2000 (S.I. No. 57 of 2000)
21.	Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2000 (S.I. No. 161 of 2000)
22.	Diseases of Animals (Transmissible Spongiform Encephalopathies in Sheep and Goats) Order 2001 (S.I. No. 450 of 2001)
23.	Diseases of Animals (Prohibition on the Use of Swill) Order 2001 (S.I. No. 597 of 2001)
24.	Diseases of Animals Act (Carriage of Cattle by Sea) Order 1996 (Extension to Sheep and Consequential Provisions) Order 2002 (S.I. No. 99 of 2002)
25.	Diseases of Animals Act 1966 (National Pig Identification and Tracing System) Order 2002 (S.I. No. 341 of 2002)
26.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2002 (S.I. No. 415 of 2002)
27.	Diseases of Animals Act 1966 (Aujeszky’s Disease) Order 2002 (S.I. No. 479 of 2002)
28.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) Order 2002 (S.I. No. 528 of 2002)
29.	Bovine Tuberculosis (Attestation of State and General Provisions) (Amendment) Order 2003 (S.I. No. 32 of 2003)
30.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2003 (S.I. No. 159 of 2003)
31.	Importation of Dogs and Cats Order 2003 (S.I. No. 192 of 2003)
32.	Diseases of Animals Act 1966 (Monkey Pox Virus) Order 2003 (S.I. No. 279 of 2003)
33.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2003 (S.I. No. 700 of 2003)
34.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2004 (S.I. No. 508 of 2004)
35.	Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2005 (S.I. No. 7 of 2005)
36.	Diseases of Animals Act 1966 (Goat Identification) Order 2006 (S.I. No. 79 of 2006)
37.	Diseases of Animals Act 1966 (Foot and Mouth Disease) (Disinfection facilities) Order 2007 (S.I. No. 574 of 2007)
38.	Diseases of Animals (Animal Transport) (Roll-on Roll-off vessels) Order 2007 (S.I. No. 580 of 2007)
39.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2007 (S.I. No. 666 of 2007)
40.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2007 (S.I. No. 765 of 2007)
41.	Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008 (S.I. No. 101 of 2008)
42.	Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilisers and Soil Improvers) Order 2008 (S.I. No. 253 of 2008)
43.	Diseases of Animals Act 1966 (Prohibition on the Use of Swill) (Amendment) Order 2009 (S.I. No. 12 of 2009)
44.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2009 (S.I. No. 357 of 2009)
45.	Rabies (Importation, Movement and Landing of Animals) Order 2009 (S.I. No. 261 of 2009)
46.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2009 (S.I. No. 323 of 2009)
47.	Diseases of Animals Act 1966 (Control on salmonella in swine) Order 2009 (S.I. No. 522 of 2009)
48.	Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2010 (S.I. No. 289 of 2010)
49.	Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2010 (S.I. No. 307 of 2010)
50.	Diseases of Animals Act 1966 (National Pig Identification and Tracing System) (Amendment) Order 2010 (S.I. No. 364 of 2010)
51.	Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2010 (S.I. No. 475 of 2010)
52.	Diseases of Animals Act 1966 (Control of Salmonella in Ducks) Order 2010 (S.I. No. 565 of 2010)
53.	Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2011 (S.I. No. 277 of 2011)
54.	Brucellosis in Cattle (General Provisions) (Amendment) Order 2012 (S.I. No. 554 of 2012)
55.	Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2012 (S.I. No. 555 of 2012)