The Diseases of Animals (Northern Ireland) Order 1981

Police N.I.

Functions of constables N.I.

42.—(1) It shall be the duty of the Royal Ulster Constabulary to execute the provisions of this Order and of every order of the Department; and such provisions shall be enforceable by any constable.

(2) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence against this Order, a constable may, without warrant, stop and detain him.

Para. (3) rep. by 1989 NI 12

(4) A constable may,[F1 whether stopping or detaining a person as mentioned in paragraph (2) or arresting under Article 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989 a person stopped or detained under that paragraph, or not],—

(a) stop, detain, and examine any animal, poultry, vehicle, boat, or thing to which the offence or suspected offence relates; and

(b) require the same to be forthwith taken back to or into any place or district from where it was unlawfully removed; and

(c) execute and enforce that requisition.

(5) If any person obstructs or impedes or assists to obstruct or impede a constable in the execution of this Order or of an order of the Department, the constable may without warrant, arrest that person.

(6) The foregoing provisions of this Article respecting a constable extend and apply to any person called by a constable to his assistance.

(7) A constable shall forthwith make a report in writing to his superior officer of every case in which he stops any person, animal, poultry, vehicle, boat, or thing under this Article, and of his consequent proceedings.

(8) Without prejudice to the powers of arrest conferred by the foregoing provisions of this Article or otherwise, a constable may arrest without warrant any person whom he, with reasonable cause, suspects to be in the act of committing or to have committed an offence consisting of—

(a) the landing or attempted landing of any animal in contravention of an order made under this Order and expressed to be made for the purpose of preventing the introduction of rabies into Northern Ireland; or

(b) the failure by the person having the charge or control of any vessel, boat or hovercraft to discharge any obligation imposed on him in that capacity by such an order; or

(c) the movement, in contravention of an order under Article 12 or 14, of any animal into, within or out of a place or area declared to be infected with rabies.

(9) For the purpose of arresting a person under the power conferred by paragraph (8), a constable may enter (if need be, by force) and search any vessel, boat, hovercraft, aircraft or vehicle of any other description in which that person is or in which the constable, with reasonable cause, suspects him to be.

(10) For the purpose of exercising any power to seize an animal or cause an animal to be seized which is conferred on constables by an order made under this Order and expressed to be made for the purpose of preventing the introduction of rabies into Northern Ireland, a constable may enter (if need be, by force) and search any vessel, boat, hovercraft, aircraft or vehicle of any other description in which there is, or in which he, with reasonable cause, suspects that there is, an animal to which that power applies.

(11) Nothing in this Article shall take away or abridge any power or authority that a constable would have had if this Article had not been made.

F1 1989 NI 12

Modifications etc. (not altering text)

C1 Art. 42 applied (23.2.2006) by Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 (S.R. 2006/42), reg. 60(b);

Art. 42 applied (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 40(b)

C2 Art. 42 applied (10.2.2007) by Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R. 2007/68), reg. 84(c) (with reg. 3)

C3 Art. 42 applied (10.2.2007) by Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007 (S.R. 2007/69), reg. 22(1)(b)

C4 Art. 42 applied (10.2.2007) by Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007 (S.R. 2007/70), reg. 18(b)

C5 Art. 42 applied (24.3.2007) by Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 (S.R. 2007/208), reg. 22(b)