The Diseases of Animals (Northern Ireland) Order 1981

[F1 Restriction notice N.I.

F1 Pt. 2A (arts. 32A-32J) inserted (12.3.2010) by Diseases of Animals Act (Northern Ireland) 2010 (c. 1), ss. 3, 22(1), Sch. 1; S.R. 2010/70, art. 2

Restrictions on breeding N.I.

32C— (1) This Article applies where it appears to the Department that livestock is of a genotype specified in an order under Article 32A.

(2) The Department shall consider whether there are exceptional circumstances that justify allowing the livestock to be used for breeding.

(3) If it appears to the Department that allowing the livestock, or its semen, eggs or embryos, to be used for, or in connection with, breeding would not be justified, it shall give a notice (in this Part referred to as a “restriction notice”) to the keeper of the livestock.

(4) A restriction notice—

(a) may be made so as to apply to more than one creature, and

(b) may describe the livestock to which it applies in such a way as the Department considers appropriate, and

(c) shall specify the restrictions and requirements provided for in paragraphs (7) to (10).

(5) If the keeper of the livestock is not the same person as its owner, the Department may give a separate restriction notice to the owner.

(6) If the keeper of the livestock is not the same person as the person in possession of the semen, eggs or embryos of the livestock, the Department may give a separate restriction notice to the person in possession of the semen, eggs or embryos.

(7) A person to whom a restriction notice is given shall not—

(a) use livestock to which the notice applies, or its semen, eggs or embryos, for purposes of or in connection with breeding, or

(b) cause or permit such livestock or such semen, eggs or embryos to be used by another person for those purposes.

(8) A person to whom a restriction notice is given shall arrange for any semen, egg or embryo which has at any time been taken from livestock to which the notice applies, and which is in the person's possession or under the person's control, to be destroyed within such period, of not less than 28 days, as may be specified in the notice.

(9) A person to whom a restriction notice is given shall arrange for each creature to which the notice applies—

(a) to be castrated or (as appropriate) sterilised within such period, of not less than 28 days, as may be specified in the notice, or

(b) to be slaughtered before the end of the period of 7 months beginning with that date.

(10) A person to whom a restriction notice is given shall comply with any restrictions on the movement of any livestock to which the notice applies as may be specified in the notice.

(11) For the purposes of paragraph (2) exceptional circumstances include circumstances in which the imposition in relation to the livestock of the restrictions and requirements of paragraphs (7) to (10) is likely to cause the extinction of the breed or type of which the livestock is a member.

Appeal N.I.

32D— (1) A person to whom a restriction notice has been given may appeal against the notice to a person appointed by the Department for the purpose of dealing with appeals under this Part (“an assessor”).

(2) Subject to paragraph (3), an appeal may not be brought after the end of the period of 21 days beginning with the date on which the notice concerned was given to the appellant.

(3) The Department may, in a particular case, extend the period of 21 days if it considers that there are exceptional circumstances justifying the extension.

(4) If the restriction notice applies to more than one creature, the appeal may be limited to the creature or creatures specified by the appellant.

(5) If the assessor allows the appeal, in whole or in part, the assessor may—

(a) revoke the notice,

(b) revoke the notice so far as it applies to one or more creatures specified by the assessor, or

(c) direct that a further test is carried out in relation to such livestock as may be specified by the assessor.

(6) A direction under paragraph (5)(c) may require—

(a) a further sample to be taken,

(b) the further test to be carried out by a different testing laboratory.

(7) The Department may by order supplement the provisions of this Article.

(8) An order under paragraph (7) may, in particular, make provision—

(a) as to the procedure to be followed on an appeal,

(b) extending the period mentioned in Article 32C(9)(a) or (b) where an appeal is brought against a restriction notice,

(c) requiring the appellant to meet the reasonable costs of, and in connection with, the taking of a further sample or the carrying out of a further test as a result of a direction under paragraph (5)(c), and

(d) as to the recovery of any such costs.

(9) The revocation of a restriction notice (in whole or in part) by an assessor does not prevent the issue of another restriction notice, following the testing of a further sample.]