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Statutory Rules of Northern Ireland

2011 No. 245 (C. 17)

Animals

The Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.1) Order (Northern Ireland) 2011

Made

29th June 2011

Coming into operation

11th July 2011

The Department of Agriculture and Rural Development(1), makes the following Order in exercise of the powers conferred on it by section 59 of the Welfare of Animals Act (Northern Ireland) 2011(2).

Citation and interpretationN.I.

1.—(1) This Order may be cited as the Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.1) Order (Northern Ireland) 2011.

(2) In this Order “the Act” means the Welfare of Animals Act (Northern Ireland) 2011.

Commencement Information

I1Art. 1 in operation at 11.7.2011, see art. 2

Appointed DayN.I.

2.  The day appointed for the coming into operation of the provisions of the Act listed in Schedule 1 is the 11th day of July 2011.

Commencement Information

I2Art. 2 in operation at 11.7.2011, see art. 2

RepealsN.I.

3.  The Welfare of Animals Act (Northern Ireland) 1972(3) is hereby repealed to the extent specified in Schedule 2.

Commencement Information

I3Art. 3 in operation at 11.7.2011, see art. 2

Transitional ProvisionN.I.

4.—(1) Section 30 of the Act shall only apply in respect of offences committed after the coming into operation of that section.

(2) For the purposes of this Article any offence which begins before the date of coming into operation of section 30 but which continues after that date shall be treated as having been committed after that date.

Commencement Information

I4Art. 4 in operation at 11.7.2011, see art. 2

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 29th    June 2011

Legal seal

Colette McMaster

A senior officer of the Department of Agriculture and Rural Development

Article 2

SCHEDULE 1N.I.

Commencement Information

I5Sch. 1 in operation at 11.7.2011, see art. 2

Provisions of the ActSubject matter
Section 1Animals to which this Act applies
Section 2Protected animals
Section 3Responsibility for animals
Section 4Unnecessary suffering
Section 5(5)(a)(iv) and (6)Prohibited procedures
Section 6(16) and (17)Docking of dogs’ tails
Section 7Administration of poisons, etc.
Section 8Fighting etc.
Section 9Ensuring welfare of animals
Section 11Regulations for securing welfare of animals
Section 12Licensing or registration of activities involving animals
Section 13Prohibition on keeping certain animals
Section 14Abandonment
Section 15Transfer of animals by way of sale or prize to persons under 16
Section 16Codes of practice
Section 17Powers in relation to animals in distress
Section 18Power of entry for section 17 purposes
Section 19Orders in relation to animals taken under section 17(5)
Section 20Orders under section 19: appeals
Section 21Seizure of animals involved in fighting offences
Section 22Entry and search under warrant in connection with offences
Section 23Inspection of records required to be kept by holder of licence
Section 24Inspection in connection with licences
Section 25Inspection in connection with registration
Section 26Inspection of premises to check compliance with regulations made under section 13
Section 28Inspection relating to Community obligations
Section 30Time limits for prosecutions
Section 31Penalties
Section 32Deprivation
Section 33Disqualification
Section 34Seizure of animals in connection with disqualification
Section 35Section 34: supplementary
Section 36Destruction in the interests of an animal
Section 37Destruction of animals involved in fighting offences
Section 38Reimbursement of expenses relating to animals involved in fighting offences
Section 39Forfeiture of equipment used in offences
Section 40Orders under section 32, 34, 36, 37 or 39: pending appeals
Section 41Orders with respect to licences
Section 42Termination of disqualification under section 33 or 41
Section 43Orders made on conviction for reimbursement of expenses
Section 44Orders for reimbursement of expenses: right of appeal for non-offenders
Section 46Conditions for grant of warrant
Section 47Powers of entry, inspection and search: supplementary
Section 48Power to stop and detain vehicles
Section 49Power to detain vessels, etc.
Section 50Obtaining of documents in connection with carrying out orders, etc.
Section 51Offences by bodies corporate
Section 52Scientific research
Section 53Hunting, coursing and fishing
Section 54Application to the Crown
Section 55Orders and regulations
Section 57Minor and consequential amendments and repeals
Section 58Transitional provision
Schedule 2Regulations under section 12
Schedule 3Powers of entry, inspection and search: supplementary
Schedule 4Minor and consequential amendments
Schedule 5Repeals
The entries in Schedule 5 relating to the Welfare of Animals Act (Northern Ireland) 1972 are repealed to the extent specified in Schedule 2 of this Order

Article 3

SCHEDULE 2N.I.Extent of repeal of the Welfare of Animals Act (Northern Ireland) 1972

Commencement Information

I6Sch. 2 in operation at 11.7.2011, see art. 2

Provisions of the ActSubject matter
Section 4Expenditure on free advice on the welfare of livestock
Section 11ALivery establishments and other premises where horses are kept
Section 16Powers of veterinary inspectors
Section 17Export of horses
Section 19Offences in relation to the fighting, baiting or exhibition of animals
Section 20Owner of animal failing to exercise reasonable care and supervision
Section 22Poisonous substances
Section 23Injured animals
Section 24Power of entry

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the coming into operation of the provisions of the Welfare of Animals Act (Northern Ireland) 2011 listed in Schedule 1 to this Order, on the 11 July 2011 and specifies in Schedule 2 the provisions of the Welfare of Animals Act (Northern Ireland) 1972 being repealed. It also makes transitional provision in connection with the commencement of section 30 of the Welfare of Animals Act (Northern Ireland) 2011.

(1)

Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I. 1)) Article 3(4)