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Specified Diseases (Notification and Movement Restrictions) Order (Northern Ireland) 1997

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Restrictions on movement of animals and poultry in cases of a specified disease or suspected specified disease

6.—(1) If the Department has reasonable grounds for supposing that a specified disease exists on any premises it may serve a restriction notice on the occupier or person in charge of the premises prohibiting the movement of any animal, bird, carcase or other thing described in the notice onto or off the premises, except under the authority of a licence issued by the Department and in accordance with any conditions subject to which the licence is issued.

(2) A restriction notice—

(a)may contain such other restrictions or requirements with regard to the premises to which it relates or with regard to persons, animals, poultry, carcases or other things on such premises as the Department may consider necessary for the purpose of preventing the spread of the specified disease; and

(b)shall continue in force until it is withdrawn by a notice in the form prescribed in Schedule 3 served by the Department on the occupier or person in charge of the premises to which the restriction notice relates.

(3) A restriction notice shall be withdrawn by a notice in the form prescribed in Schedule 3 served by the Department on the occupier or person in charge of the premises to which the restriction notice relates if it is satisfied that—

(a)the specified disease which the Department had reasonable grounds for supposing existed on the premises to which the restriction notice relates does not so exist; or

(b)the keeping in force of the restriction notice is no longer necessary for the purposes of this Order.

(4) If any person fails to comply with any of the restrictions on the movement of any animal, bird, carcase or other thing imposed by a restriction notice, or with any other restriction or requirement imposed by such a notice, the Department may, without prejudice to any proceedings for an offence arising out of such contravention or default, seize or cause to be seized any animal, bird, carcase or other thing which has been moved in contravention of any provision of the notice and detain it at such place as it shall consider appropriate until the restriction notice is withdrawn by a notice in the form prescribed in Schedule 3, or, as the case may be, take, or cause to be taken, such other action as may be necessary so as to ensure that any other restriction or requirement imposed by the restriction notice is complied with.

(5) The amount of any expenses reasonably incurred by the Department in the exercise of the powers under paragraph (4) shall be recoverable as a civil debt by the Department from the person who caused or permitted such contravention or, as the case may be, from the person in default.

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