Animal Health and Welfare (Control of Bulls for Breeding) Regulations 2017 (S.I. No. 477 of 2017)

STATUTORY INSTRUMENTS. S.I. No. 477 of 2017 ———————— ANIMAL HEALTH AND WELFARE (CONTROL OF BULLS FOR BREEDING) REGULATIONS 2017 2 [477] S.I. No. 477 of 2017 ANIMAL HEALTH AND WELFARE (CONTROL OF BULLS FOR BREEDING) REGULATIONS 2017 I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following regulations: 1. These Regulations may be cited as the Animal Health and Welfare (Control of Bulls for Breeding) Regulations 2017. 2. (1) In these Regulations “Act” means Animal Health and Welfare Act 2013. (2) These Regulations do not apply to a bull used for breeding solely on the land or premises where the bull and the animals serviced are normally kept. 3. (1) A person shall not— (a) use a bull for breeding, (b) have a bull used for breeding in his or her possession or under his or her control, (c) move or transport a bull, or cause or permit another person to move or transport a bull, for breeding purposes, unless the identification and breed of the bull, the name and address of the owner, the identity of the land or premises where the bull is normally kept and any other information that the Minister may determine is entered in the register maintained under this Regulation (“breeding bulls register”). (2) An application for registration shall be in a form, contain any information, be accompanied by such material and fee set in accordance with section 73 of the Act (if any) as the Minister may require. (3) The Minister may enter details of the identification of a bull, the name and address of the owner of the bull, the identity of the land or premises where the bull is normally kept and any other information that the Minister may deter mine on the breeding bulls register, suspend or revoke an entry in the breeding bulls register, or refuse an application. (4) The Minister shall not consider an application unless the application con tains all the material sought by the Minister and is accompanied by the fee (if any) set in accordance with section 73 of the Act. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 10th November, 2017. [477] 3 (5) A person whose name is entered in the breeding bulls register shall main tain such records and make such returns to the Minister as the Minister may require. (6) Without prejudice to the generality of paragraph (3), the Minister may refuse an application or suspend or revoke a registration if he or she is satis fied that— (a) the Act, including a provision of these Regulations, or an act of the institutions of the European Union has not, is not or will not be, complied with, (b) the applicant or person to whom registration relates has committed an offence relating to animal health or welfare, (c) the applicant or person to whom registration relates has failed to com ply with a condition of registration, (d) in relation to an application, information required has not been fur nished or information that is false or misleading in a material respect has been furnished, (e) the land or premises to which the application or registration relates is not fit to be entered in the register of breeding bulls, (f) the applicant or person to whom registration relates is not fit to be entered in the register of breeding bulls, (g) it is necessary for the prevention, control or eradication of a disease (including a zoonotic disease), or (h) it is necessary, ancillary or supplementary for an act of the institutions of the European Union to have full effect. (7) Other than in the case of paragraph (6) (g) or (h), if the Minister proposes to refuse an application or suspend or revoke a registration, he or she shall (a) notify the applicant or person to whom registration relates of the pro posal and the reasons for the proposal, and that he or she may make representations in relation to the proposal to the Minister within 14 days of notification, (b) consider a representation duly made before deciding whether to pro ceed with, modify or annul the proposal, and (c) notify the applicant or person to whom registration relates of the decision and the reasons for the decision. (8) If the Minister is of the opinion that— (a) it is necessary for the prevention, control or eradication of a disease (including a zoonotic disease), or 4 [477] (b) it is necessary, ancillary or supplementary for an act of the institutions of the European Union to have full effect, he or she may refuse an application or suspend or revoke a registration in accordance with paragraph (9). (9) If the Minister refuses an application or suspends or revokes registration in accordance with this paragraph, he or she shall (a) notify the applicant or person to whom registration relates of the decision and the reasons for the decision, and that he or she may make representations in relation to the decision to the Minister within 14 days of notification, (b) consider a representation made, and (c) confirm, modify or annul the decision and notify the applicant or per son to whom registration relates of the decision and the reasons for the decision. (10) If the Minister— (a) suspends registration in the breeding bulls register, the entry relating to the bull, person and land or premises suspended has no effect for the duration of the suspension as notified to the person to whom registration formerly related, or (b) revokes registration in the breeding bulls register, the entry relating to the bull to which, person to whom, and land or premises to which, registration formerly related has no effect. 4. (1) A person shall not move or transport a bull, or cause or permit another person to move or transport a bull, for breeding purposes— (a) unless he or she has notified the Minister, in a form (if any) that the Minister determines prior to such movement or transport, and (b) except in accordance with a movement permit issued for the purposes of this Regulation that accompanies the bull. (2) The Minister may issue and attach conditions, including conditions relat ing to vaccination, to a movement permit. [477] 5 5. Regulations 3 (1) and (5) and 4 (1) are penal provisions to which section 36 (4) (b) of the Act applies. GIVEN under my Official Seal, 26 October 2017. MICHAEL CREED, Minister for Agriculture, Food and the Marine. 6 [477] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation) This SI provides for the regulation of travelling bulls — including a require ment for registration, the issuing of movement permits, record keeping and com pliance with testing and biosecurity requirements. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €2.54 Wt. (B33096). 285. 11/17. Essentra. Gr 30-15.