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Welfare of Animals Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Prohibition on keeping certain animals

This section has no associated Explanatory Notes

13.—(1) The Department may by regulations prohibit the keeping at—

(a)domestic premises; or

(b)other premises,

of any animals of a kind specified in the regulations.

(2) For the purposes of subsection (1)(b)—

(a)“other premises”—

(i)does not include the premises of a zoo licensed or regulated by the Department of the Environment under any statutory provision;

(ii)otherwise, means premises of such type as are described in the regulations;

(b)“animal” does not include a dangerous wild animal within the meaning of the Dangerous Wild Animals (Northern Ireland) Order 2004 (NI 16).

(3) Regulations under subsection (1) must be made for the purposes of securing the welfare of animals.

(4) Power to make regulations under subsection (1) includes power—

(a)to provide that a breach of a provision of the regulations is an offence;

(b)to apply a relevant post-conviction power in relation to conviction for an offence under the regulations.

(5) Regulations under subsection (1) may provide that an offence specified in the regulations is to be treated as a relevant offence for the purposes of section 22.

(6) In determining whether to make regulations under subsection (1) in relation to a type of premises, the Department must have regard to whether (and the extent to which) adequate provision for the welfare of animals of the kind in question—

(a)is capable of being made, and

(b)is likely to be made,

at that type of premises.

(7) Before making regulations under subsection (1), the Department must consult—

(a)such persons appearing to it to represent relevant interests, and

(b)such other persons,

as the Department considers appropriate.

(8) In this section, “zoo” means a permanent establishment where animals of wild species are kept primarily for exhibition to the public.

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