5 Power of local authorities to prosecute. E+W+S
(1)A local authority [F1in England or Wales] may subject to the provisions of this section prosecute proceedings for any offence under this Act committed in the area of the authority.
(2)[F2In England and Wales] No proceedings for an offence under section 1(9) of this Act in respect of a contravention of or failure to comply with a condition subject to which a licence is granted in accordance with the provisions of this Act shall be instituted except by a local authority, and a local authority shall not institute any such proceedings except after receiving and considering a report by a veterinary surgeon or veterinary practitioner authorised by them to carry out inspections under section 2 of this Act being a report which in their opinion indicates that such an offence has been committed.
Textual Amendments
F1Words in s. 5(1) omitted (E.W.) (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 4(4)(a) (with reg. 27)
F2Words in s. 5(2) omitted (E.W.) (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 4(4)(b) (with reg. 27)
Modifications etc. (not altering text)
C1S. 5 extended by Riding Establishments Act 1970 (c. 32), s. 1(3)