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Welfare of Animals Act (Northern Ireland) 1972

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PART IF7N.I.WELFARE OF LIVESTOCK ON AGRICULTURAL LAND

F7Act repealed (prosp.) by Welfare of Animals Act (Northern Ireland) 2011 (c. 16), ss. 57(2), 59, Sch. 5 (with ss. 1(2), 52(1), 53, 54) and the repeal being partly in operation, as to which see individual sections

1Prevention of unnecessary pain and distress for livestock.N.I.

(1)Subject to subsection (2), any person who causes unnecessary pain or unnecessary distress to any livestock for the time being situated on agricultural land and under his control or permits any such livestock to suffer any such pain or distress of which he knows or may reasonably be expected to know shall be guilty of an offence.

(2)Subsection (1) shall not apply to any act lawfully done under[F1 the Animals (Scientific Procedures) Act 1986] or to any act done by or under [1876 c.77] the direction of any person in accordance with the terms of a licence granted by the Ministry for the purpose of enabling that person to undertake scientific research.

2Regulations with respect to the welfare of livestock.N.I.

(1)The Ministry may, after consultation with such persons appearing to it to represent any interests concerned as the Ministry considers appropriate, by regulations make such provision with respect to the welfare of livestock for the time being situated on agricultural land as it thinks fit; and without prejudice to the generality of the foregoing provisions of this section the regulations may in particular include provision—

(a)with respect to the dimensions and layout of accommodation for livestock, the materials to be used in constructing any such accommodation and the facilities by way of lighting, heating, cooling, ventilation, drainage, water supply and otherwise to be provided in connection with any accommodation;

(b)for ensuring the provision of balanced diets for livestock and for prohibiting or regulating the use of any substance as food for livestock and the sale and supply of any substance intended for use as food for livestock;

(c)for prohibiting the bleeding of livestock and the mutilation of livestock in any manner specified in the regulations, and for prohibiting or regulating the use of any method of marking or restraining livestock or interfering with the capacity of livestock to smell, see, hear, emit sound or exercise any other faculty;

[F2(ca)for prohibiting or regulating the movement of livestock;

(cb)for requiring such information as may be prescribed to be made available to persons concerned with livestock by such persons as may be prescribed;

(cc)for ensuring that persons concerned with livestock are aware of any codes under section 3;]

(d)that a person who contravenes specified provisions of the regulations shall be guilty of an offence under this section.

(2)Regulations made under this section shall be subject to negative resolution.

3Codes of recommendations for the welfare of livestock.N.I.

The Ministry may from time to time, after consultation with such persons appearing to it to represent any interests concerned as the Ministry considers appropriate,—

(a)prepare codes containing such recommendations with respect to the welfare of livestock for the time being situated on agricultural land as it considers proper for the guidance of persons concerned with livestock; and

(b)revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministry thinks fit.

4Expenditure on free advice on the welfare of livestock.N.I.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Powers of entry and inspection.N.I.

(1)An authorised officer may, on production of his authority if so required, at any reasonable time enter upon any land, other than premises used wholly or mainly as a dwelling, for the purpose of ascertaining whether an offence under this Part has been committed on the land.

(2)An authorised officer may take for analysis a sample of any substance which he finds on the land and which appears to him to be intended [1954 c.5] for use as food for livestock; and the provisions of subsections (2) to (7) of section 6 of the Agriculture (Poisonous Substances) Act (Northern Ireland) 1954 (which relate to the dividing up, analysis and evidence of analysis of certain samples) shall have effect in relation to a sample taken under this section as they have effect in relation to a sample taken under the said section 6 but as if for references to that Act, an inspector and such an employer as is mentioned in the said section 6 there were substituted respectively references to this Part, the officer taking the sample and a person appearing to that officer to have custody of the substance in question.

(3)An authorised officer may examine any livestock which he finds on the land and apply to and take from the livestock such tests and samples as he considers appropriate; and an officer by whom a sample is taken from livestock in pursuance of this subsection shall, if before the sample is taken he is requested to do so by any person appearing to him to have custody of the livestock, deliver a part of the sample or a similar sample to the person who made the request.

(4)Where an authorised officer requests any person present on the land, being the occupier or a servant of the occupier of the land or a person having the custody of any livestock present on the land,—

(a)to indicate to the officer the places on the land used for the accommodation of livestock or for the storage or treatment of any substance intended for use as food for livestock; or

(b)to give such assistance to the officer as is reasonable in the circumstances,

it shall be the duty of the person to whom the request is addressed to comply with the request so far as he is able to do so.

(5)A person who fails to perform his duty under subsection (4) or otherwise wilfully obstructs or delays an authorised officer in the exercise of his functions under this section shall be guilty of an offence.

6Penalties.N.I.

(1)A person guilty of an offence under section 1 or section 2 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding[F4 level 4 on the standard scale] or to bothF4. . . .

(2)A person guilty of an offence under section 5 shall be liable on summary conviction to a fine not exceeding[F4 level 3 on the standard scale].

7Interpretation of Part I.N.I.

In this Part—

  • “agricultural land” means land used for agriculture (within the meaning of the Agriculture Act (Northern Ireland) 1949 [1949 c.2] ) or for the breeding[F5, keeping or selling of livestock within the meaning of this Act, being land which is so used for the purposes of a trade or business; and

  • “livestock” means any creature kept for the production of food, wool, skin or fur or for use in the farming of land or for such purpose as the Ministry may by order, subject to negative resolution, specify.

  • [F6“selling” includes exposing for sale and accommodating before or after selling]]

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