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The Dangerous Wild Animals (Northern Ireland) Order 2004

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9.—(1) Paragraph (2) applies if a person—

(a)was keeping a dangerous wild animal at any premises immediately before the coming into operation of Article 3(1); and

(b)is not disqualified under Article 10(2) from keeping that animal.

(2) That person shall be entitled to keep that animal at those premises without a licence—

(a)for a period of 90 days beginning with the day on which Article 3(1) comes into operation; and

(b)if before the end of that period he applies for a licence, until the seventh day after the day on which the application is withdrawn or finally determined.

(3) For the purposes of paragraph (2)(b) an application for a licence is finally determined when—

(a)the licence is granted; or

(b)if the application is refused by the Department

(i)the period within which an appeal may be brought under Article 4 expires; or

(ii)if such an appeal is brought, that appeal is finally disposed of.

(4) The owner of a dangerous wild animal may at any time during the surrender period surrender that animal to the Department at such premises as the Department may designate for that purpose.

(5) The surrender period for an animal is the period—

(a)beginning with the coming into operation of this Article; and

(b)ending on the date on which (having regard where appropriate to the provisions of paragraphs (1) to (3)) the keeping of the animal without a licence first becomes an offence under Article 3(1).

(6) Subject to paragraphs (11) and (13), where an animal has been surrendered under paragraph (4), the Department may retain it, destroy it or otherwise dispose of it.

(7) 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.

(8) Where an animal is in the possession of a person designated under paragraph (7), 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.

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

(10) Article 8(1) shall not apply to the surrender of a dangerous wild animal under paragraph (4).

(11) An animal surrendered under paragraph (4) shall not be destroyed by the Department unless the destruction is carried out by, or under the supervision of, a veterinary surgeon.

(12) Paragraph (11) does 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.

(13) An animal surrendered under paragraph (4) shall not be disposed of by the Department for the purposes of animal experimentation.

(14) Where an animal is disposed of under paragraph (6), any person to whom the animal is sold or given shall have a good title to it.

(15) The Department shall not be liable to pay compensation to any person in respect of the surrender of any animal under this Article.

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