OpenLegislation

Regulation 3 Enforcement of the Council RegulationI1

Northern Ireland

F1(1)

Any person who contravenes any of the following provisions of the Council Regulation shall be guilty of an offence, that is to say—

(a)

paragraph (1)(a) and (b) of Article 102;

(b)

Article 102(3).

(2)

Without prejudice to F2paragraph (1)(a) ) any person who fails to keep a register in accordance with the requirements of paragraph (4) shall be guilty of an offence.

(3)

The Department shall be the competent authority for the purposes of F3Articles 38, 39, 40, 41, 42 and 44 of the Commission Regulation and Articles 102(3), 104 and 111 of the Council Regulation EC.

(4)

A person who keeps a register shall ensure that it is in the form set out in the Schedule and that it includes—

(a)

within 36 hours of the movement of any animal kept by him on or off a holding, a record of that movement;

(b)

within 7 days of the birth of an animal in a dairy herd kept by him, a record of that birth;

(c)

within 30 days of the birth of any other animal kept by him, a record of that birth;

(d)

within 7 days of the death of an animal kept by him, a record of that death;

(e)

within 36 hours of the replacement of the ear tag of any animal kept by him, a record of that replacement.

(5)

A person who keeps a register shall do so for—

(a)

10 years insofar as the records in that register relate to a farm; and

(b)

3 years in any other case,

in both cases from the end of the calendar year in which the last entry was made in the register.

(6)

Any record relating to animals made under the Animals (Records) Order (Northern Ireland) 1997f1 shall be kept for the same period as if that record was in a register.

(7)

In the case of an animal which is not ear tagged, but is marked under the Tuberculosis Control Order (Northern Ireland) 1964f2, the reference in the form set out in the Schedule to an ear tag shall be construed as a reference to a mark applied under that Order.

Annotations

Textual amendments

F1

Reg. 3(1) substituted (24.1.2025) by The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/11), regs. 1(1), 2(3)(a)

F2

Words in reg. 3(2) substituted (24.1.2025) by The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/11), regs. 1(1), 2(3)(b)

F3

Words in reg. 3(3) substituted (24.1.2025) by The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/11), regs. 1(1), 2(3)(c)

Commencement

I1

Reg. 3 in operation at 2.2.1998, see reg. 1

Footnotes

f1

S.R. 1997 No. 172

f2

S.R. 1964 No. 31 as amended by S.R. 1981 No. 348, S.R. 1986 No. 48, S.R. 1994 No. 214 and S.R. 1996 No. 9