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- Point in Time (01/01/2006)
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Version Superseded: 11/07/2011
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(1)Where a police officer finds any animal which is so diseased or so severely injured or in such a physical condition that in his opinion, having regard to the means available for removing the animal, it cannot be removed without causing it unnecessary suffering he may, with the consent of the owner, destroy the animal or cause or procure it to be destroyed as humanely as possible.
(2)Where the owner refuses to consent or is absent, the police officer shall, subject to subsection (4), summon a veterinary surgeon if this is reasonably practicable in the circumstances, and if such surgeon certifies that the animal is so diseased or so severely injured or in such a physical condition that it is cruel to keep it alive, the police officer may destroy the animal, or cause or procure it to be destroyed as humanely as possible.
(3)Where the veterinary surgeon certifies that the animal can be removed without unnecessary suffering, the person in charge of the animal shall forthwith remove it or cause or procure it to be removed as humanely as possible and if that person is absent or does not so remove the animal, the police officer may, without that person's consent, remove it, or cause or procure it to be removed as humanely as possible.
(4)Where a police officer finds an animal on the highway which he considers to be so severely injured that unnecessary suffering would be caused to it by his complying with subsection (2), and the owner of the animal is absent, he may destroy the animal or cause or procure it to be destroyed as humanely as possible.
(5)Where any animal is destroyed on the highway under this section the police officer may remove the carcase of the animal or cause or procure it to be removed from the highway.
(6)Any expenses reasonably incurred by a police officer under this section, including the expenses of any veterinary surgeon summoned by him, and whether the animal is destroyed under this section or not, may be recovered from the owner summarily as a civil debt.
(7)No action shall lie against a police officer in respect of anything done by him or at his request in the exercise of his functions under this section.
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