Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1891 |
1994No. 1891 (N.I. 6)
NORTHERN IRELAND
The Agriculture (Miscellaneous Provisions)
(Northern Ireland) Order 1994
19thJuly1994
ARRANGEMENT OF ORDER
Article
Introductory
1. Title and commencement.
2. Interpretation.
General
3. Duty of Department to balance interests.
Rural development
4. Grants for rural development.
Suckler cows
5. Additional grants for persons entitled to Community suckler cow premiums.
Contributions and levy in respect of pigs
6. Abolition of contribution payable on sale of pigs to the Pigs Marketing Board.
7. Levy on pigs sold for slaughter or exported.
Livestock Marketing Commission renamed
8. Livestock and Meat Commission.
Loans for fish farming
9. Repeal of power to make loans for fish farming.
Welfare of animals
10. Regulations with respect to welfare of livestock.
11. Extension of Part I of 1972 Act to selling of livestock.
12. Sale of animals as pets in street or public place.
13. Power to extend provisions of Part II of 1972 Act to livery establishments, etc.
14. Restriction of definition of "zoological establishment".
15. Increase of fine for offences of cruelty.
Erne drainage and navigation
16. Power to impose charges for use of locks and effluent disposal facilities.
Artificial reproduction of animals
17. Advertisements.
18. Fees for licences.
Diseases of animals
19. Power to modify Schedules 1 and 2 to 1981 Order for limited purposes.
20. Suspected or diseased animals and poultry.
21. Replacement of provision for compensation for slaughter.
22. Examinations by inspectors.
23. Powers to make orders.
Supplementary
24. Repeals and consequential amendment.
SCHEDULE - Repeals.
At the Court at Buckingham Palace, the 19th day of July 1994
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 ( a), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
Introductory
Title and commencement
1.-(1) This Order may be cited as the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994.
(2) Except as provided by paragraphs (3) and (4), this Order shall
(a) 1974 c. 28
come into operation on the expiration of two months from the day on which it is made.
(3) Article 12 (sale of animals as pets in street or public place) and the Schedule so far as it relates to the definition of "petshop" in section 12(1) of the 1972 Act shall come into operation on the expiration of six months from the day on which this Order is made.
(4) Article 21 (replacement of provision for compensation for slaughter) and the Schedule so far as it relates to Part II of Schedule 2 to the 1981 Order shall come into operation on such day or days as the Head of the Department may by order appoint.
Interpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954 ( a) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order-
"the Department" means the Department of Agriculture;
"the 1972 Act" means the Welfare of Animals Act (Northern Ireland) 1972 ( b);
"the 1981 Order" means the Diseases of Animals (Northern Ireland) Order 1981 ( c).
General
Duty of Department to balance interests
3. In discharging its functions in relation to any land the Department shall, so far as is consistent with the proper and efficient discharge of those functions, have regard to and endeavour to achieve a reasonable balance between the following considerations-
(a) the promotion and maintenance of a stable and efficient agricultural industry;
(b) the economic and social interest of rural areas;
(c) the conservation and enhancement of the natural beauty and amenity of the countryside (including its flora and fauna and geological and physiographical features) and of any features of archaeological interest there; and
(d) the promotion of the enjoyment of the countryside by the public.
Rural development
Grants for rural development
4. The Department may, with the approval of the Department of Finance and Personnel, make grants for the purpose of encouraging rural development.
(a) 1954 c. 33 (N.I.)
(b) 1972 c. 7 (N.I.)
(c) 1981 NI 22
Suckler cows
Additional grants for persons entitled to Community suckler cow premiums
5.-(1) In this Article "suckler cow premium" and "additional premium" have the same meanings as in paragraph 1 and paragraph 7 of Article 4d of Council Regulation (EEC) No.805/68 ( a).
(2) The Department may by regulations made with the consent of the Department of Finance and Personnel make provision for the payment of a grant-
(a) to any person entitled to receive a suckler cow premium; and
(b) of an amount not exceeding the maximum payable by way of an additional premium.
(3) Regulations under this Article may in particular-
(a) require applications for a grant to be made within a specified period and at specified times;
(b) make provision as to the amount of any grant;
(c) make the payment of a grant subject to compliance with conditions, including conditions requiring repayment (or repayment with interest) in specified circumstances;
(d) confer powers of entry and inspection and impose requirements as to the keeping, preservation and production of records and other documents for the purpose of verifying entitlement to grants;
(e) in connection with any provision made by virtue of sub-paragraph (d) or the making of false statements for the purpose of obtaining a grant create offences punishable on summary conviction with a fine not exceeding level 5 on the standard scale;
(f) make such further incidental and supplementary provision as the Department thinks necessary or expedient for the purposes of this Article.
(4) Regulations under this Article shall be subject to negative resolution.
Contributions and levy in respect of pigs
Abolition of contribution payable on sale of pigs to the Pigs Marketing Board
6.-(1) Section 4 of the Pig Production Development Act (Northern Ireland) 1964 ( b) (contribution payable on sale of pigs to the Pigs Marketing Board) shall cease to have effect.
(2) In section 2(2) of that Act (recommendations as to amount of
(a) O.J. No. L148
(b) 1964 c. 25 (N.I.)
levy under section 4), for the words "section 4" there shall be substituted the words "section 5".
(3) In section 12 of that Act (interpretation), in the definition of "the Board" for the words "has the meaning assigned to it by section 4(1)" there shall be substituted the words "means the Pigs Marketing Board".
Levy on pigs sold for slaughter or exported
7.-(1) In section 5 of the Pig Production Development Act (Northern Ireland) 1964 (power to impose levy on pigs sold to, or exported by, persons other than the Pigs Marketing Board), for subsection (1) there shall be substituted the following subsection-
"(1) For the purpose of enabling the Committee to meet expenses incurred or likely to be incurred by them in connection with the carrying out of their functions under this Act, the Department on the recommendation of the Committee may, by order made subject to negative resolution, impose a levy-
(a) upon every holder of a licence under section 1 of the Slaughter-houses Act (Northern Ireland) 1953 in respect of each pig slaughtered in the slaughter-house to which the licence relates, not being a pig imported into Northern Ireland for immediate slaughter; and
(b) upon every person exporting pigs from Northern Ireland in respect of each pig so exported by him.".
(2) In subsection (2) of that section (levy to be of such amount as the Department, on the recommendation of the Northern Ireland Pig Production Development Committee, may by order determine), after the word "Committee" where it first occurs there shall be inserted the words "under section 2(2)".
(3) In subsection (3)(a) of that section (determination of liability to pay levy), for the words "person, other than the Board, purchasing pigs for slaughter in Northern Ireland or" there shall be substituted the words "holder of a licence under section 1 of the Slaughter-houses Act (Northern Ireland) 1953 and every person".
Livestock Marketing Commission renamed
Livestock and Meat Commission
8.-(1) The Livestock Marketing Commission for Northern Ireland established under section 1 of the Livestock Marketing Commission Act (Northern Ireland) 1967 ( a) is renamed the...
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