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

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 interpretation N.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

I1 Art. 1 in operation at 11.7.2011, see art. 2

Appointed Day N.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

I2 Art. 2 in operation at 11.7.2011, see art. 2

Repeals N.I.

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  The Welfare of Animals Act (Northern Ireland) 1972(3) is hereby repealed to the extent specified in Schedule 2.

Commencement Information

I3 Art. 3 in operation at 11.7.2011, see art. 2

Transitional Provision N.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

I4 Art. 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

Colette McMaster

A senior officer of the Department of Agriculture and Rural Development

Article 2

SCHEDULE 1 N.I.

Commencement Information

I5 Sch. 1 in operation at 11.7.2011, see art. 2

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

Commencement Information

I6 Sch. 2 in operation at 11.7.2011, see art. 2

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

(2)

2011 c. 16

(3)

1972 c. 7