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Statutory Instruments

1980 No. 869 (N.I. 7)

Bees (Northern Ireland) Order 1980

[24th June 1980]

Title and commencementN.I.

1.—(1) This Order may be cited as the Bees (Northern Ireland) Order 1980.

(2) Commencement

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] 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—

“authorised person” means a person generally or specially authorised in writing by the Department;

“bees” includes bees in any stage of their life cycle;

“bee product” means any natural product of the activities of bees (such as, for example, honey or beeswax) in its natural state; and

“the Department” means the Department of Agriculture.

Control of pests and diseases affecting beesN.I.

3.—(1) The Department may by order make such provision as it thinks fit for the purpose of preventing the introduction into or spreading within Northern Ireland of pests or diseases affecting bees.

(2) Without prejudice to the generality of paragraph (1), for the purpose there mentioned an order under this Article—

(a)may prohibit or regulate the importation into or movement within Northern Ireland of bees and combs, bee products, hives, containers and other appliances used in connection with keeping or transporting bees, and of any other thing which has or may have been exposed to infection with any pest or disease to which the order applies; and

(b)may make provision with respect to any of the matters specified in the Schedule.

(3) Any authorised person may examine any bees or other things subject to control under an order under this Article, and may take samples of them, in order to see if they are free from infection.

(4) Where any bees or other things subject to control under any such order are found to be infected, or to have been exposed to infection, with any pest or disease to which the order applies, any authorised person may destroy them by such means as he thinks fit, or cause them to be so destroyed.

(5) Without prejudice to paragraph (4), where any bees or other things are imported into Northern Ireland in contravention of an order under this Article, any authorised person may destroy them by such means as he thinks fit, or cause them to be so destroyed, and may do so with or without first allowing an opportunity for them to be re-exported.

(6) No compensation shall be payable in respect of any exercise of the powers conferred by paragraphs (3) and (5).

(7) Any person who—

(a)imports any bees or other things into Northern Ireland in contravention of an order under this Article;

(b)moves any bees or other things within Northern Ireland in contravention of any such order; or

(c)otherwise contravenes or fails to comply with the provisions of any such order or with any condition imposed by any licence issued under any such order;

shall be liable on summary conviction to a fine not exceeding £1,000.

(8) An order under this Article shall be subject to negative resolution.

Power of entryN.I.

4.—(1) For the purpose of exercising any power conferred on him by or under Article 3 an authorised person may at any time enter—

(a)any premises or other place; or

(b)any vessel, boat, hovercraft, aircraft or vehicle of any other description;

on or in which he has reasonable grounds for supposing there are or have been any bees or other things subject to control under an order under that Article.

(2) A person seeking to enter any premises or other place, or any vessel, boat, hovercraft, aircraft or other vehicle in exercise of the power of entry under this Article shall, if so required by or on behalf of the owner or occupier or person in charge, produce evidence of his authority before entering.

(3) Any person who intentionally obstructs a person acting in exercise of the power of entry under this Article shall be liable on summary conviction to a fine not exceeding £200.

Art.5 repeals 1945 c.1 (NI); 1955 c.3 (NI); s.3 of 1970 c.20 (NI)

SCHEDULE

Article 3(2).

N.I.SPECIFIC MATTERS WITH RESPECT TO WHICH PROVISION MAY BE MADE BY ORDERS UNDER ARTICLE 3

1.  The conditions to be observed before, during and after importation.N.I.

2.  Exemptions from prohibitions on importation in the order by means of licences, whether general or specific and whether conditional or unconditional, issued in accordance with the order (whether on or before importation) by the Department or (where the order so provides) by any authorised person.N.I.

3.  The revocation of any licence issued in accordance with the order and the variation of any conditions attached to a licence so issued.N.I.

4.  Securing information with respect to—N.I.

(a)the persons who keep bees;

(b)the occurrence of any pest or disease to which the order applies;

(c)the country or place of origin or consignment, contacts in transit and destination of any bees or other things subject to control under the order (whether the information is required on, before or following their importation into or transportation within Northern Ireland);

(d)any other matter relevant to determining whether any bees or other things subject to control under the order have been exposed to infection with any pest or disease to which the order applies.

5.  The circumstances in which and the time when any bees or other things brought into Northern Ireland are to be regarded for the purposes of this Order as being imported into Northern Ireland.N.I.

6.  Treatment of any bees found to be infected or to have been exposed to infection with any pest or disease to which the order applies.N.I.

7.  Cleansing and disinfection.N.I.

8.  Marking of hives or other containers for identification.N.I.

9.  Recovery of costs.N.I.

10.  Payment of compensation for bees or other things subject to control destroyed in accordance with Article 3(4).N.I.

11.  Any matter incidental or supplementary to any of the matters mentioned above.N.I.