Animal Welfare (Livestock Exports) Act 2024

2 Regulations about enforcement of section 1

(1) An appropriate national authority may by regulations make provision about the enforcement of section 1 (referred to in this Act as “enforcement regulations”).

(2) The provision that may be made by enforcement regulations includes any provision that the appropriate national authority considers appropriate for or in connection with—

(a) preventing, detecting, investigating or punishing contraventions of section 1(1), or

(b) other than in relation to Scotland, prosecuting offences under section 1(2).

(3) Enforcement regulations may (among other things)—

(a) confer a function (including a function involving the exercise of a discretion) on a person specified or described in the regulations;

(b) make provision about the keeping of records or the provision of information;

(c) confer a power of entry (whether or not on the authority of a warrant);

(d) confer a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);

(e) authorise, or make provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (c) or (d);

(f) confer a power to impose a civil sanction on a person who—

(i) contravenes section 1(1) or a provision of the regulations, or

(ii) obstructs, or fails to assist in, the exercise of a function conferred by the regulations;

(g) make provision for the revocation of a person’s licence, authorisation or other approval required by or under any enactment for the transport of live animals, where the person—

(i) contravenes section 1(1) or a provision of the regulations, or

(ii) obstructs, or fails to assist in, the exercise of a function conferred by the regulations;

(h) create a criminal offence in relation to—

(i) the contravention of a provision of the regulations, or

(ii) obstructing, or failing to assist in, the exercise of a function conferred by the regulations;

(i) create a right of appeal;

(j) apply, or make provision corresponding to, any provision of, or which may be made under, the Animal Health Act 1981 relating to the execution or enforcement of that Act, with or without modifications;

(k) apply, or make provision corresponding to, any provision that may be made under section 12 of the Animal Welfare Act 2006 or section 26 of the Animal Health and Welfare (Scotland) Act 2006 relating to the enforcement of provision made under the section concerned, with or without modifications.

(4) Where enforcement regulations confer a power to enter a private dwelling without the consent of the occupier, or with the use of reasonable force, they must provide for the power to be exercisable—

(a) in England and Wales, only on the authority of a warrant issued by a justice of the peace, or

(b) in Scotland, only on the authority of a warrant issued by a sheriff, summary sheriff or justice of the peace.

(5) Enforcement regulations may include provision for the imposition of a civil sanction whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence,

(b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or

(c) the appropriate national authority may make provision for the imposition of sanctions under that Part of that Act.

(6) Where enforcement regulations contain provision creating a criminal offence, the provision must have the effect that—

(a) the offence is triable summarily only, and

(b) the offence is punishable only with a fine.