Welfare of Animals Act (Northern Ireland) 2011

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Animals to which this Act applies

   2. 2. Protected animals

   3. 3. Responsibility for animals

3. PART 2 PROTECTION OF ANIMALS

   1. Prevention of harm

      1. 4. Unnecessary suffering

      2. 5. Prohibited procedures

      3. 6. Docking of dogs’ tails

      4. 7. Administration of poisons, etc.

      5. 8. Fighting etc.

   2. Promotion of welfare

      1. 9. Ensuring welfare of animals

      2. 10. Improvement notices

      3. 11. Regulations for securing welfare of animals

      4. 12. Licensing or registration of activities involving animals

      5. 13. Prohibition on keeping certain animals

      6. 14. Abandonment

      7. 15. Transfer of animals by way of sale or prize to persons under 16

      8. 16. Codes of practice

4. PART 3 ANIMALS IN DISTRESS

   1. 17. Powers in relation to animals in distress

   2. 18. Power of entry for section 17 purposes

   3. 19. Orders in relation to animals taken under section 17(5)

   4. 20. Orders under section 19: appeals

5. PART 4 ENFORCEMENT

   1. Enforcement powers

      1. 21. Seizure of animals involved in fighting offences

      2. 22. Entry and search under warrant in connection with offences

      3. 23. Inspection of records required to be kept by holder of licence

      4. 24. Inspection in connection with licences

      5. 25. Inspection in connection with registration

      6. 26. Inspection of premises to check compliance with regulations made under section 13

      7. 27. Inspection of farm premises

      8. 28. Inspection relating to Community obligations

   2. Prosecutions

      1. 29. Power of councils to prosecute offences

      2. 30. Time limits for prosecutions

   3. Post-conviction powers

      1. 31. Penalties

      2. 32. Deprivation

      3. 33. Disqualification

      4. 34. Seizure of animals in connection with disqualification

      5. 35. Section 34: supplementary

      6. 36. Destruction in the interests of an animal

      7. 37. Destruction of animals involved in fighting offences

      8. 38. Reimbursement of expenses relating to animals involved in fighting offences

      9. 39. Forfeiture of equipment used in offences

      10. 40. Orders under section 32, 34, 36, 37 or 39: pending appeals

      11. 41. Orders with respect to licences

      12. 42. Termination of disqualification under section 33 or 41

      13. 43. Orders made on conviction for reimbursement of expenses

      14. 44. Orders for reimbursement of expenses: right of appeal for non-offenders

6. PART 5 GENERAL

   1. 45. Inspectors

   2. 46. Conditions for grant of warrant

   3. 47. Powers of entry, inspection and search: supplementary

   4. 48. Power to stop and detain vehicles

   5. 49. Power to detain vessels, etc.

   6. 50. Obtaining of documents in connection with carrying out orders, etc.

   7. 51. Offences by bodies corporate

   8. 52. Scientific research

   9. 53. Hunting, coursing and fishing

   10. 54. Application to the Crown

7. PART 6 SUPPLEMENTARY

   1. 55. Orders and regulations

   2. 56. Interpretation

   3. 57. Minor and consequential amendments and repeals

   4. 58. Transitional provision

   5. 59. Commencement

   6. 60. Short title

8. SCHEDULES

   1. SCHEDULE 1

      DOGS SPECIFIED FOR THE PURPOSES OF SECTION 6(7)

      1. 1. Spaniels of any breed or combination of breeds.

      2. 2. Terriers of any breed or combination of breeds.

      3. 3. Any breed commonly used for hunting, or any combination of...

      4. 4. Any breed commonly used for pointing, or any combination of...

      5. 5. Any breed commonly used for retrieving, or any combination of...

   2. SCHEDULE 2

      REGULATIONS UNDER SECTION 12

      1. PART 1 LICENCES FOR THE PURPOSES OF SECTION 12

         1. Introductory

            1. 1. This Part has effect in relation to regulations under section...

         2. Licensing authority

            1. 2. Regulations shall provide for the licensing authority to be—

            2. 3. Where the licensing authority is a council, regulations may require...

         3. Period of licence

            1. 4. Regulations may, in particular— (a) make provision about the period...

            2. 5. Regulations may not provide for licences to be granted for...

         4. Exercise of licensing functions

            1. 6. Regulations may, in particular— (a) require a licensing authority not...

            2. 7. Regulations must make provision requiring a licensing authority not to...

         5. Grant of licence subject to conditions

            1. 8. (1) Regulations may, in particular, make provision for the grant...

         6. Breach of licence condition

            1. 9. (1) Regulations may provide for breach of a condition of...

         7. Appeals

            1. 10. Regulations may, in particular, make provision for appeals in relation...

         8. Fees

            1. 11. Regulations may include provision for fees or other charges in...

      2. PART 2 REGISTRATION FOR THE PURPOSES OF SECTION 12

         1. Introductory

            1. 12. This Part has effect in relation to regulations under section...

         2. Registering authority

            1. 13. Regulations shall provide for the registering authority to be—

            2. 14. Where the registering authority is a council, regulations may require...

         3. Exercise of registration functions

            1. 15. Regulations may, in particular— (a) require a registering authority not...

         4. Appeals

            1. 16. Regulations may, in particular, make provision for appeals in relation...

         5. Fees

            1. 17. Regulations may include provision for fees or other charges in...

      3. PART 3 SUPPLEMENTARY

         1. 18. Power to make regulations under section 12(7) includes power to...

         2. 19. (1) Without prejudice to section 55(3), power to make regulations...

   3. SCHEDULE 3

      POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY

      1. Safeguards etc. in connection with powers of entry conferred by warrant

         1. 1. (1) Articles 17 and 18 of the Police and Criminal...

         2. 2. (1) This paragraph and paragraphs 3 and 4 have effect...

         3. 3. (1) A warrant may be executed by any inspector.

         4. 4. (1) An inspector who enters any premises by virtue of...

      2. Duty to produce evidence of identity

         1. 5. (1) This paragraph applies to a power of entry conferred...

      3. Power to take persons onto premises

         1. 6. In exercising a power to which paragraph 5 applies, a...

      4. Duty to exercise power of entry at reasonable time

         1. 7. Entry under a power to which paragraph 5 applies must...

      5. Power to require assistance

         1. 8. (1) This paragraph applies to a power of entry conferred...

      6. Power to take equipment onto premises

         1. 9. In exercising a power to which paragraph 8 applies, a...

      7. Duty to leave premises secured

         1. 10. If, in the exercise of a power of entry to...

      8. Functions in connection with inspection and search

         1. 11. (1) This paragraph applies to— (a) a power of inspection...

         2. 12. A person who takes a sample from an animal pursuant...

         3. 13. (1) Paragraph 11(2)(j) does not include power to seize an...

         4. 14. As soon as reasonably practicable after having exercised a power...

         5. 15. (1) A person exercising a power of search conferred by...

      9. Functions in connection with entry under section 18

         1. 16. (1) Where a person enters premises in exercise of a...

      10. Offences

          1. 17. A person commits an offence if that person—

   4. SCHEDULE 4

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Dogs (Northern Ireland) Order 1983 (NI 8)

         1. 1. In Articles 4(2)(a), 10(2), 13(2) and 18(1)(b), for “section 27...

         2. 2. In Articles 10(5)(a), 13(5)(a) and 34(1) for “Part 3 of...

      2. The Animals (Scientific Procedures) Act 1986 (c. 14)

         1. 3. In section 29— (a) in subsection (5) for “sections 13...

      3. The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6)

         1. 4. In Article 1(2) for “paragraphs (3) and (4)” substitute “paragraph...

      4. The Dangerous Wild Animals (Northern Ireland) Order 2004 (NI 16)

         1. 5. In Article 2(5) for “Welfare of Animals Act (Northern Ireland)...

         2. 6. In Article 7— (a) for paragraph (1)(a) substitute—

   5. SCHEDULE 5

      REPEALS