Welfare of Animals and Poultry at Markets Order (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Order.)

This Order makes provision for the welfare of animals at markets. It prohibits the exposure for sale of unfit animals (Article 4) lambs or goat kids with unhealed navels (Article 5) and foals unless at the foot of a dam (Article 7) and requires that lambs and goat kids are removed from the market without undue delay (Article 6). The Order also requires that no injury or unnecessary suffering may be caused to an animal at a market (Article 8).

The Order also restricts the manner in which animals may be tied or handled (Article 9), the use of force to control an animal (the use of sticks, crops, whips, goads or certain other instruments is also restricted) (Article 10) and prohibits the obstruction or annoyance of an animal by any person (Article 11). The Order also prohibits the keeping at the market of any horse which, by reason of being clipped, is insufficiently protected against the weather (Article 15).

The market operator must ensure that animals are properly penned and caged (Article 12), adequately provided with lighting and bedding (Article 14), and that there is accommodation for unfit animals (Article 18). Duties are placed on the owner (or his duly authorised agent) or the person in charge of the animal to ensure that it is adequately fed and watered (Article 13). It is the duty of the market authority to provide covered accommodation (Article 16) and other facilities (Article 17) including ramps for the purpose of loading and unloading animals out of a vehicle (Article 21).

Provision is made for the detention and treatment of unfit animals (Article 19) and for an inspector to apply a mark, or cause a mark to be applied, to an animal for identification purposes (Article 20).

Any person who without lawful authority, or excuse, proof of which shall lie on him, contravenes any provision of this Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981. The penalties for such an offence are, on summary conviction, a fine not exceeding level 5 on the standard scale (currently £5,000) or in the case of an offence committed with respect to more than 5 animals, not exceeding level 3 on the standard scale (currently £1,000) for each animal.