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LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - LONG TITLE

An Act to make Provision for the licensing of bulls and for the
improvement of the breed of certain classes of live stock in
Northern Ireland.
[5th July 1922]
Restriction on keeping of bulls, boars and rams.

[

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 1

1.(1) The Department of Agriculture (in this Act referred to as
"the Department") may by regulations make such provision as it
considers necessary for controlling the kind and standard of bulls,
boars and rams which may be owned or kept in Northern Ireland.

(2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may

(a)prohibit the keeping of any bull, boar or ram of such age as
may be specified in the regulations except in accordance with a
licence or permit granted by the Department;

(b)specify the conditions on which a licence may be granted for the
keeping of a bull, boar or ram which is intended to be used for
breeding purposes and on which a permit may be granted for a bull,
boar or ram intended to be fattened for slaughter;

(c)provide for exemption from any provision of the regulations for
any category, herd, flock, breed or type of bull, boar or ram;

(d)specify the circumstances in which the Department may refuse to
grant or may revoke or suspend a licence or permit;

(e)provide for the transfer of licences and permits;

(f)authorise the imposition of charges for the inspection and
examination of bulls, boars and rams and for the issue of licences
and permits;

(g)make provision for licences and permits granted before the coming
into force of the regulations;

(h)impose duties or restrictions on any person who owns, keeps or
for the time being is in charge of or has control of a bull,
boar or ram.

(3) Any person who contravenes any provision of regulations made
under this section or any condition of a licence or permit granted
under those regulations shall be guilty of an offence under this
Act and liable on summary conviction to a fine not exceeding such
amount (not being greater than #500) as may be specified in the
regulations.

(4) Regulations made under this section shall be subject to negative
resolution and any such regulations imposing a charge shall be
subject to the approval of the Department of Finance.]

Ss.2, 2A, 2B and 3 rep. by 1977 NI 12 art.22 sch.3

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 4
Slaughtering or castration of unsuitable bulls.

4.(1) If the Ministry is of opinion that any bull is not suitable
for breeding purposes, the Ministry may, by notice served on the
owner of the bull, in such manner as may be prescribed, require
that the bull shall either be fattened off for slaughter, subject
to such conditions as may be specified in a permit under this Act,
or be castrated within such period, not being less than seven days
after service of the notice, as may be therein specified, and the
owner of any such bull shall, if he fails to comply with such
notice, be liable on summary conviction to a fine not exceeding
[#500].

(2) In the event of the failure of the owner of a bull to comply
with any such notice as aforesaid, the Ministry may, at the expense
of such owner, cause the bull referred to in the notice to be
slaughtered or castrated as the Ministry may think fit.

(3) The person to whom a bull belongs absolutely shall,
notwithstanding any other provision of this Act, be deemed to be
the owner thereof for the purposes of this section to the exclusion
of any lessee or hirer.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 5
Appeals.

5.(1) PS0800[If the Ministry refuses to grant or transfer [or
suspends or revokes a licence in respect of a bull, boar or ram
intended to be used for breeding purposes or requires the
slaughtering or castration of any such bull, boar or ram], the
owner of the bull shall be entitled, on application being made
within the prescribed time, in the prescribed manner and on payment
of such fee as may be prescribed, to have the bull inspected by
such member or members of the panel of referees constituted under
this section as may be selected by the Ministry].PS1000 The members
of the said panel shall report to the Ministry the result of the
inspection and examination, and the Ministry, after consideration of
the report, may confirm or vary the decision to which the
application relates, and such confirmation or variation shall be
final:

Provided that no member of the panel who may previously have been
employed either by the Ministry or by the applicant for the purpose
of the inspection or examination of the bull shall be selected.

(2) For the purposes of inspections and examinations under this
section, there shall be constituted a panel of referees consisting
of such persons as may be appointed by the Lord Lieutenant.

(3) The fee payable on an application under this section shall, if
the Ministry does not confirm the decision to which the application
relates, be returned to the applicant by the Ministry.

(4) The charges of a referee in respect of an application shall be
such as may be fixed by the Ministry, and shall be paid by the
Ministry.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 6
Duties of owners of licenced or permit bulls.

6. The owner of a bull in respect of which a licence or permit
is in force under this Act shall:

(a)give notice to the Ministry within the prescribed time, and in
the prescribed manner, of any sale or hiring or other change in
the ownership or control of the bull or of its castration or
death;

(b)submit the bull to inspection and examination by any person
authorised in that behalf by the Ministry; and

(c)return the licence and the certified copy (if any) or the permit
to the Ministry within the prescribed time after the expiration,
revocation or suspension thereof;

Inspection and marking of bulls.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 7

7. For the purposes of this Act any person duly authorised in
writing by the Ministry shall have power:

(a)to inspect and examine and mark in the prescribed manner any
bull; and

(b)to enter at all reasonable times any premises where he has
reason to believe that any bull is kept;

Forgery and fraudulent use of licence or permit.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 8

8. If any person forges or fraudulently alters or uses, or permits
to be fraudulently altered or used, any licence, permit or certified
copy of a licence issued under this Act, he shall be liable on
summary conviction to imprisonment for a term not exceeding three
months or to a fine not exceeding [#500], or to both such
imprisonment and fine.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 9
Burden of proof.

9. In any proceedings under this Act for owning, keeping or having
control of a bull without a licence or permit, the burden of proof
that a licence or permit in respect of the bull was in force
shall lie on the person charged, and until the contrary is proved
it shall be assumed that neither a licence nor a permit was in
force.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 10
Power to make rules.

10. The Ministry may make rules (subject in respect of fees to the
approval of the Ministry of Finance) for prescribing anything which
under this Act is to be prescribed, and generally for carrying this
Act into effect PS0800[and such rules shall be subject to negative
resolution]PS1000.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 11
Fines.

11.Subs.(1) rep. by SLR 1980

(2) All ... sums received under this Act by the Ministry shall be
paid to the Exchequer, ...

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 12
Interpretation.

12. In this Act, unless the context otherwise requires

The expression "owner," in relation to a bull, means the person to
whom for the time being the bull belongs, whether absolutely or as
a lessee or hirer, and the expression "ownership" shall be construed
accordingly:

The expression "certified" means certified in the prescribed manner:

The expression "prescribed" means prescribed by rules made by the
Ministry.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 13
Power to apply Act to boars and rams.

13. The Ministry may, ... by order, apply the provisions of this
Act [which do not apply to boars and rams], with such modifications
as may be specified in such order, to boars and rams, or to
either of those classes of live stock, and any such order shall
have effect as if enacted in this Act, but may be varied or
revoked by a subsequent order.

LIVE STOCK BREEDING ACT (NORTHERN IRELAND) 1922 - SECT 14
Short title.

14.Subs.(1) rep. by SLR (NI) 1953

(2) This Act may be cited as the Live Stock Breeding Act (Northern
Ireland), 1922.