IMPROVEMENT OF LIVESTOCK (LICENSING OP BULLS) (ENGLAND AND WALES) BEGULATIONS, 1945. Dated MAY 11, 1945.

Publication Date:January 01, 1945
 
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1945No. 540

ANIMALS

THE IMPROVEMENT OF LIVESTOCK (LICENSING OP BULLS) (ENGLAND AND WALES) BEGULATIONS, 1945. DATED MAY 11, 1945.

[This Order is printed as amended by Order, dated February 7, 1946 (S.R. & 0. 1946 (No, 223) I, p. 37)].

21 & 22 Geo. 5. c. 43.

7 & 8 Geo. 6. c. 28.

The Minister of Agriculture and Fisheries by virtue and in exercise of the powers conferred upon him by Section 11 of the Improvement of Live Stock (Licensing of Bulls) Act, 1931, hereinafter referred to as "the Act", as amended by the Agriculture (Miscellaneous Provisions) Act, 1944, hereinafter referred to as "the amending Act", hereby makes the following Regulations:—

Prescribed Age of Bull.

1. For the purpose of sub-section (1) of Section 1 of the Act the prescribed age shall be the age of ten months.

Prescribed Approved Breeding Societies.

2. For the purpose of sub-section (3) of Section 6 of the amending Act an "approved breeding society" means one of the cattle breeding societies named in the First Schedule to these Regulations.

Manner of Making Application for Licence or Permit.

3.—(1) An application for the grant of a licence shall be made on and in accordance with Form A set out in the Second Schedule to these Regulations.

(2) An application for the grant of a permit shall be made on and in accordance with Form B set out in the said Second Schedule.

Time for making Application for Licence or Permit.

4. The first application made for a licence or permit in respect of any bull shall be forwarded to the Ministry not later than twenty-eight days before the bull attains the prescribed age.

Conditions as to Inspection and Marking of Butts.

5. The following shall be the conditions as to inspection and marking of a bull before the grant of a licence or permit:—

(a) A bull shall be inspected by an Officer of the Ministry and for this purpose the Minister may require the owner of a bull to make it available for inspection at any place or time that has been notified to the owner, and the owner shall provide all reasonable facilities and assistance for the purpose of the inspection and marking of a bull. Provided that a bull that has previously been inspected for any other purpose on behalf of the Minister may with the consent of the Minister be exempted from the inspection prescribed by this rule.

(b) In the case of an application for a licence, a bull, if found suitable after inspection for a licence, shall be marked by an Officer of the Ministry on the right ear, or, if that is impracticable, on some other appropriate place with a design consisting of a Crown. The said mark may be used in conjunction with letters or numbers or both.

(c) A bull which has been found unsuitable for a licence by the inspecting officer, or a bull in respect of which a licence has been revoked, or a bull in respect of which a permit has been granted shall be marked by an Officer of the Ministry on the left ear, or, if that is impracticable, on some other appropriate place with the letter "E". The said mark may be used in conjunction with other letters or numbers or both.

Forms of Licence or Permit.

6.—(1) A licence granted under the Act shall be in accordance with such one of the forms Cl, 02 and 03, set out in the Second Schedule to these Regulations as the Minister shall deem to be appropriate.

(2) A permit granted under the Act shall be in the form set out in form D of the said Second Schedule.

Conditions of Licensing.

7.—(1) A licence in the form set out in form 01 of the said Second Schedule that is to say a Beef Bull Licence shall not be granted except in respect of a bull which is registered and duly marked or otherwise identifiable as being so registered, in the pedigree register of any beef cattle breeding society specified in the first part of the First Schedule to these Regulations or bred from parents in the pedigree or grading-up register of such a Society and which otherwise conforms with the provisions of the Act and the amending Act.

(2) A licence in the form set out in form 02 of the said Second Schedule that is to say a Dairy (official milk record) Licence shall not be granted in respect of a bull unless the applicant for the licence shall produce for the examination of the Ministry's officer when so required the official milk records of such of the ancestors of the bull as shall from time to time be determined by the Minister, and shall establish to the satisfaction of the Minister that those ancestors have attained the standard of milk production which shall for the time being be fixed by the Minister and unless the bull otherwise conforms with the provisions of the Act and the amending Act. Unless the Minister shall otherwise determine, the said ancestors shall be the dam of the bull in respect of which the application is made and the dam of the bull's sire, and the standard shall be the production in a lactation period of 365 consecutive days of a mimumum yield of 600 gallons of milk with the first calf or 700 gallons with the second calf or 800 gallons with a subsequent calf. For this purpose the term "calf" shall include multiple births, and the term "lactation period" relates only to a natural lactation period occurring in consequence of the birth of a calf.

(3) A licence in the form set out in the form 03 of the said Second Schedule, that is to say a General Class Licence shall be granted in respect of any bull which is not eligible for a licence in accordance with paragraph (1) or (2) of this Article but which otherwise conforms with the provisions of the Act and the amending Act.

Change of Glass Licence.

8. Where the dam or sire's dam of a bull licensed under paragraph (3) of Article 7 subsequently attains a milk yield which would entitle the bull to be considered for a Dairy (official milk record) Licence, application for such a licence may be made and shall be in the form set out in form Al of the said Second Schedule: but save as hereby provided, no application for a licence of one class in substitution for a licence of a different class shall be made.

Saving of Existing Licence.

9. Any licence granted under the Improvement of Livestock (Licensing of Bulls) (England and Wales) Regulations, 1934(a), shall not be rendered void by reason only of the revocation of these Regulations but shall remain valid notwithstanding such revocation until otherwise determined revoked or invalidated.

Duplicates of Licences or Permits.

10. Where a licence or a permit granted in respect of a bull has been lost or destroyed the owner of the bull may apply to the Minister in accordance with Form E set out in the Second Schedule to these Regulations for a duplicate of the licence or permit to be issued, and the Minister on being satisfied that a duplicate licence or permit should be issued may issue the same to the owner.

Change of Place at which Permit Bulls may be kept.

11. Where in accordance with a permit granted under the Act a bull is kept in a specified place, and the owner of the bull desires authority to substitute another place for that specified in the permit, he shall make application to the Minister in writing.

Application for Referee's Inspection.

12. Where the owner of a bull desires to appeal against the Minister's action in

(a) refusing to grant a licence, or

(b) revoking a licence on any ground other than that a condition of the licence has been contravened or not complied with, or

(a) S.R. & O. 1934 (No. 239) I, p. 172.

(c) serving a notice of suspension

and requires a referee's inspection of the bull he shall make application to the Minister within fourteen days from the date of the refusal or revocation or the service of the notice as the case may be, on and in accordance with Form F set out in the Second Schedule to these Regulations.

On the receipt of the referee's report the Minister shall notify in writing to the owner of the bull his decision with regard to the appliaction.

Fees.

13.—(1) The fees hereby prescribed in respect of an application for the grant of a licence or permit or for a duplicate thereof or for a referee's inspection are:—

 £ s. d
 Licence or Permit .. .. .. .. .. 5 0
 Provided that if the prescribed fee has been paid in
 respect of an application for a licence that has
 been refused no further fee will be payable in
 respect of a permit
 Duplicate Licence or Permit .. .. .. .. 2 6
 Referee's Inspection .. .. .. .. .. 2 2 0
 (Returnable under Section 5(7) of the Act if refusal
 revocation, or notice of suspension is not confirmed.)

(2) The prescribed fee shall be remitted to the Ministry with the corresponding application.

(3) If, prior to the inspection in accordance with Article 5(a), or Article 12 of these Regulations, the relative application for a licence, permit or referee's inspection is withdrawn by means of a written notice given by the applicant to the Ministry, the Minister may return the fee to the applicant.

Service of Documents.

14. A notice or other document required or authorised by the Act to be given or served by the Minister or any officer of the Ministry to or on any person may be given or served either personally or by post and if served by post shall be addressed:—

(a) in the case of a notice or other document required or authorised to be given or served to or on a person being an applicant for a licence or permit, to that person at the address stated in the application;

(b) in the case of a notice or other document required or authorised to be given or served to or on a person being the holder of a permit, or to or on a person stated in a permit to be the owner of the bull to which it relates, to that person at the address stated in the permit, or, if a change of address has been notified at the address which was last so notified.

(c) in any other case to the person, on whom the notice or other document is to be served, at his last known place of abode or business.

An application, notice or other document required or authorised by the Act or by these...

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