Search Legislation

The Dangerous Wild Animals (Northern Ireland) Order 2004

Status:

This is the original version (as it was originally made).

Inspection by the Department

This section has no associated Explanatory Memorandum

5.—(1) The Department may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises where any animal is proposed to be held under the authority of a licence.

(2) A person authorised under paragraph (1) may, on producing his authority if so required, enter any premises mentioned in that paragraph at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining whether or not a licence should be granted.

(3) Where the Department has authorised any person to inspect premises under paragraph (1), the Department may require the person who applied for the licence to pay it the reasonable costs of the inspection.

(4) Where the Department has granted a licence, it may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises where any animal is or may be held under the authority of the licence.

(5) A person authorised under paragraph (4) may, on producing his authority if so required, enter any premises mentioned in that paragraph at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining—

(a)whether or not a licence should be varied; or

(b)whether an offence under this Order is being committed.

(6) Where the Department has authorised any person to inspect premises under paragraph (4), the Department may require the licence holder to pay it the reasonable costs of the inspection.

(7) The Department may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises if it has reasonable grounds for suspecting that an animal is being kept there in contravention of Article 3(1).

(8) Subject to paragraph (9), a person authorised under paragraph (7) may—

(a)enter any premises mentioned in that paragraph at all reasonable times;

(b)inspect them and any animal or other thing found there; and

(c)take bodily samples from any animal found there,

for the purpose of ascertaining whether an animal is being kept there in contravention of Article 3(1).

(9) A person authorised to inspect premises under paragraph (7) may only enter those premises under the authority of a warrant issued under paragraph (10).

(10) Where a justice of the peace is satisfied by complaint on oath—

(a)that admission to the premises is reasonably required for the purpose specified in the complaint; and

(b)that a person authorised under paragraph (7) would, apart from paragraph (9), be entitled for that purpose to exercise in respect of the premises a power of entry under paragraph (8),

he may issue a warrant under his hand authorising that person to enter the premises.

(11) A warrant issued under paragraph (10) shall continue in force until the purpose for which entry is required has been satisfied.

(12) Where a person enters any premises in pursuance of a power of entry under this Article, that person shall ensure that the premises are left no less secure by reason of the entry, and the Department shall make good or pay compensation for any damage to property caused by the person in entering the premises, in carrying out any inspection, in taking bodily samples from any animal, in seizing any animal under Article 6(1) or in making the premises secure.

(13) Any question of disputed compensation under paragraph (12) shall be referred to and determined by the Lands Tribunal.

(14) Any person who intentionally obstructs any person in the exercise of any power under this Article shall be guilty of an offence.

(15) In this Article—

“bodily samples” means samples of bodily fluid or bodily tissue taken for the purpose of scientific tests; and

“scientific tests” means scientific tests carried out with the object of ascertaining whether an animal is of a kind for the time being specified in the Schedule.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources