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Sales, Markets and Lairs (Amendment) Order (Northern Ireland) 2004

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Citation and commencement

1.  This Order may be cited as the Sales, Markets and Lairs (Amendment) Order (Northern Ireland) 2004 and shall come into operation on 27th December 2004.

Amendment of the Sales, Markets and Lairs Order (Northern Ireland) 1975

2.  The Sales, Markets and Lairs Order (Northern Ireland) 1975(1) shall be amended as provided in Articles 3 and 4.

Notice of approval of markets

3.  For paragraphs (2) and (3) of Article 13 there shall be substituted the following paragraphs –

(2) A notice of approval issued to any person under paragraph (1) may be –

(a)issued subject to conditions; and

(b)amended, suspended or revoked by further notice in writing issued to the same person in accordance with the following paragraph.

(3) A notice of approval under paragraph (1) may be –

(a)suspended or revoked if the Department is of the reasonable opinion that the provisions of this Order are not being complied with in relation to the market to which the notice relates; and

(b)revoked if the person to whom the notice was issued is convicted of a relevant offence in relation to a bovine animal or swine offered or exposed for sale at the market to which the notice relates.

(4) In paragraph (3) “relevant offence” means –

(a)in relation to a bovine animal, under the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998(2), the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998(3) or the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999(4); or

(b)in relation to a swine, under the Diseases of Animals (Northern Ireland) Order 1981 for contravention of the Animals (Records) Order (Northern Ireland) 1997(5), in so far as it relates to same, or Article 12 of the Aujeszky’s Disease Order (Northern Ireland) 1994(6)..

General conditions

4.  For paragraph (3) of Article 15 there shall be substituted the following paragraph –

(3) A person to whom a notice of approval has been issued under Article 13(1) shall not admit to the market specified in the notice –

(a)any bovine animal,

(i)unless accompanied by a notification document in accordance with regulation 7(4) of the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999; and

(ii)the holder has examined any such animal and notification document to ensure that the document has been correctly completed and the details entered thereon correspond to the animal to which they refer; or

(b)any swine, unless the holder has examined the animal and any document required as a condition of a licence issued by the Department under Article 5(1)(b) of the Aujeszky’s Disease Order (Northern Ireland) 1994 to ensure that the document has been correctly completed and the details entered thereon correspond to the animal to which they refer..

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 25th November 2004.

L.S.

Liam McKibben

A senior officer of the

Department of Agriculture and Rural Development

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