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The Dangerous Wild Animals (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Power to seize and to destroy or dispose of animals without compensation

This section has no associated Explanatory Memorandum

6.—(1) Where a veterinary surgeon or other person authorised under paragraph (4) or (7) of Article 5 has entered premises in accordance with the provisions of that Article, he may seize any animal found there if he reasonably suspects that—

(a)any condition of a licence is contravened or not complied with in relation to that animal; or

(b)the animal is being kept in contravention of Article 3(1).

(2) Where an animal is seized under paragraph (1), the licence holder or (as the case may be) the keeper of the animal may, within 21 days from the seizure of the animal, appeal against the decision to seize the animal to a court of summary jurisdiction in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(3) On an appeal under paragraph (2), the court may confirm or reverse the decision to seize the animal concerned and generally give such directions as it thinks proper, having regard to the provisions of this Order.

(4) Subject to paragraphs (8), (9) and (11), where an animal has been seized under paragraph (1), the Department may retain it, destroy it or otherwise dispose of it.

(5) Where the Department wishes to retain the animal concerned, it may designate any person whom it thinks suitable to do so to keep the animal concerned in his possession on behalf of the Department for such period as may be agreed with that person.

(6) Where an animal is in the possession of a person designated under paragraph (5), the Department—

(a)shall pay the reasonable expenses incurred by that person in keeping the animal concerned in his possession; and

(b)may make such other arrangements in respect of the animal concerned on such terms and conditions as may be agreed with that person.

(7) During the period agreed with a designated person under paragraph (5), Article 3(1) shall not apply to the keeping by that person of the animal concerned.

(8) An animal seized under paragraph (1) shall not be destroyed or otherwise disposed of by the Department—

(a)until the expiration of the time within which an appeal may be brought under paragraph (2); or

(b)where such an appeal is brought, before the determination of the appeal.

(9) An animal seized under paragraph (1) shall not be destroyed by the Department unless the destruction is carried out by, or under the supervision of, a veterinary surgeon.

(10) Paragraphs (8) and (9) do not apply to any action taken to prevent the animal concerned from presenting a serious and immediate risk to the safety of any person, or to any section of the public or the public in general.

(11) An animal seized under paragraph (1) shall not be disposed of by the Department for the purposes of animal experimentation.

(12) Where an animal is disposed of under paragraph (4), any person to whom the animal is sold or given shall have a good title to it.

(13) Without prejudice to paragraphs (12) and (13) of Article 5, the Department shall not be liable to pay compensation to any person in respect of the seizure of any animal under this Article.

(14) Where the Department incurs any expenditure in exercising its powers under this Article, it shall be entitled to recover the amount of the expenditure as a civil debt from—

(a)the licence holder concerned, if the power of seizure was exercised under paragraph (1)(a); or

(b)any person who was at the time of the seizure a keeper of the animal concerned, if the power of seizure was exercised under paragraph (1)(b).

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

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