2011 No. 245 (C. 17)

Animals

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

Made

Coming into operation

The Department of Agriculture and Rural Development1, makes the following Order in exercise of the powers conferred on it by section 59 of the Welfare of Animals Act (Northern Ireland) 20112.

Citation and interpretationI11

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.

Annotations:
Commencement Information
I1

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

Appointed DayI22

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.

Annotations:
Commencement Information
I2

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

RepealsI33

The Welfare of Animals Act (Northern Ireland) 19723 is hereby repealed to the extent specified in Schedule 2.

Annotations:
Commencement Information
I3

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

Transitional ProvisionI44

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.

Annotations:
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

seal_r00001Colette McMasterA senior officer of the Department of Agriculture and Rural Development

I5SCHEDULE 1

Article 2

Annotations:
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

I6SCHEDULE 2Extent of repeal of the Welfare of Animals Act (Northern Ireland) 1972

Article 3

Annotations:
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.