Welfare of Animals Act (Northern Ireland) 2011

• (3) An inspector who detains a vessel in reliance on a certificate under subsection (1) must as soon as is reasonably practicable give a copy of it to the master or person in charge of the vessel.

• (4) A vessel may be detained under subsection (1) until the Department otherwise directs.

• (5) The Department may by regulations—

• (a) apply this section to aircraft or hovercraft, with such modifications as the Department thinks fit, or

• (b) make such other provision for the detention of aircraft or hovercraft in relation to offences under or by virtue of this Act as the Department thinks fit.

Obtaining of documents in connection with carrying out orders, etc.

50

• (1) Where—

• (a) an order under section 19(1), 32(1) or (2), 34(1) or (2) or 36(1) has effect, and

• (b) documents which are relevant to the carrying out of the order or any directions given in connection with it are in the possession of, or under the control of, the owner of an animal to which the order relates,

the owner must, if so required by a person authorised to carry out the order, deliver the documents to that person as soon as practicable and in any event before the end of the period of 10 days beginning with the date on which the owner is notified of the requirement.

• (2) Where—

• (a) directions under section 40(3)(b) have effect, and

• (b) documents which are relevant to the carrying out of the directions are in the possession of, or under the control of, the owner of an animal to which the directions relate,

the owner must, if so required by a person authorised to carry out the directions, deliver the documents to that person as soon as practicable and in any event before the end of the period of 10 days beginning with the date on which the owner is notified of the requirement.

• (3) A person who fails without reasonable excuse to comply with subsection (1) or (2) commits an offence.

Offences by bodies corporate

51

For the purposes of this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with that member's functions of management as if that member were a director of the body corporate.

Scientific research

52

• (1) Nothing in this Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 (c. 14).

• (2) No power of entry, inspection or search conferred by or under this Act, except for any such power conferred by section 27, may be exercised in relation to a place which is specified in a licence granted under section 2C of the Animals (Scientific Procedures) Act 1986 (licensing of undertakings involving the use of animals for scientific procedures).

• (3) Section 9 does not apply in relation to an animal which—

• (a) is being kept at a place specified in a licence granted under section 2C of the Animals (Scientific Procedures) Act 1986, and

• (b) is being so kept for the purposes of, or in connection with, an activity mentioned in section 2B(2) of that Act that is pursued at that place in the course of carrying on the undertaking authorised by the licence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hunting, coursing and fishing

53

• (1) Nothing in this Act applies in relation to anything which occurs in the normal course of hunting or coursing any animal, not being a protected animal, unless—

• (a) the animal is released in an injured, mutilated or exhausted condition; or

• (b) the animal is hunted or coursed in an enclosed space from which it has no reasonable chance of escape.

• (2) Nothing in this Act applies in relation to anything which occurs in the normal course of fishing.

Application to the Crown

54

• (1) Subject to the following provisions of this section, this Act and regulations and orders made under it bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

• (2) No contravention by the Crown of any provision of this Act or any regulation or order made under this Act makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention.

• (3) Despite subsection (2), this Act applies to persons in the public service of the Crown as it applies to other persons.

PART 6 — SUPPLEMENTARY

Orders and regulations

55

• (1) No regulations (except for regulations made under section 49(5)) shall be made under this Act unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

• (2) Any regulations made by the Department under section 49(5) shall be subject to negative resolution.

• (3) Any order or regulations made by the Department under this Act may contain such supplementary, consequential, transitional or saving provisions as the Department considers necessary or expedient.

Interpretation

56

• (1) In this Act—

• “animal” has the meaning given by section 1(1);

• “council” means a district council;

• “the Department” means the Department of Agriculture and Rural Development;

• “premises” includes any place and, in particular, includes—any vehicle, vessel, aircraft or hovercraft;any tent or movable structure;

• “protected animal” has the meaning given by section 2;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

• “suffering” means physical or mental suffering;

• “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.

• (2) In this Act, references to the occupier of premises, in relation to any vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in charge of the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be construed accordingly.

• (3) In this Act, references to a part of premises which is used as a private dwelling include any yard, garden, garage or outhouse which is used for purposes in connection with it.

• (4) In this Act, references to responsibility, in relation to an animal, are to be read in accordance with section 3.

• (5) In this Act, references to the needs of an animal are to be read in accordance with section 9(2).

• (6) In this Act, references to a “relevant post-conviction power” are to a power conferred by—

• (a) section 32, 33, 34, 36, 39 or 41; or

• (b) Article 10(2) of the Dangerous Wild Animals (Northern Ireland) Order 2004 (NI 16) (power to cancel licence under Order and disqualify from carrying on licensable activity).

Minor and consequential amendments and repeals

57

• (1) The statutory provisions set out in Schedule 4 have effect subject to the minor and consequential amendments specified in that Schedule.

• (2) The statutory provisions set out in Schedule 5 are repealed to the extent specified in that Schedule.

Transitional provision

58

• (1) Without prejudice to section 55(3), the Department may by order subject to negative resolution make such transitional provision or savings as are considered necessary or expedient in connection with the coming into operation of any provision of this Act.

• (2) Section 33(9) shall apply in relation to a disqualification imposed by an order under section 27 of the Welfare of Animals Act (Northern Ireland) 1972 (c. 7) (power to disqualify persons convicted of cruelty to animals) as it applies in relation to a disqualification imposed by an order under section 33(1).

• (3) In relation to a person convicted of an offence under section 33(9) by virtue of breaching a disqualification imposed by an order under section 27 of the Welfare of Animals Act (Northern Ireland) 1972, section 34(2) shall have effect with the substitution for the words from “owning” to “keeps” of “having custody of an animal in breach of disqualification under section 27 of the Welfare of Animals Act (Northern Ireland) 1972, the court by or before which that person is convicted may order that all animals of which that person has custody”.

• (4) Section 42 shall apply in relation to a person who is disqualified by virtue of an order under section 27 of the Welfare of Animals Act (Northern Ireland) 1972 as it applies in relation to a person who is disqualified by virtue of an order under section 33 or 41.

• (5) In its application by virtue of subsection (4), section 42(2)(c) shall have effect with the omission of the words “section 33(6), 41(3) or”.

Commencement

59

This Act, except section 56, this section and section 60, shall come into operation on such day or days as the Department may by order appoint.

Short title

60

This Act may be cited as the Welfare of Animals Act (Northern Ireland) 2011.

SCHEDULE 1

1

Spaniels of any breed or combination of breeds.

2

Terriers of any breed or combination of breeds.

3

Any breed commonly used for hunting, or any combination of such breeds.

4

Any breed commonly used for pointing, or any combination of such breeds.

5

Any breed commonly used for retrieving, or any combination of such breeds.

SCHEDULE 2

PART 1 — LICENCES FOR THE PURPOSES OF SECTION 12

Introductory

1

This Part has effect in relation to regulations under section 12(7) about licences for the purposes of section 12.

Licensing authority

2

Regulations shall provide for the licensing authority to be—

• (a) a council; or

• (b) the Department.

3

Where the licensing authority is a council, regulations may require the council to have regard in carrying out its functions under the regulations to such guidance as may be issued by the Department.

Period of licence

4

Regulations may, in particular—

• (a) make provision about the period for which licences are to be granted;

• (b) make provision, in connection with the death of the holder of a licence, for the continuation in force of the licence for such period and subject to such conditions as the regulations may provide.

5

Regulations may not provide for licences to be granted for a period of more than 3 years.

Exercise of licensing functions

6

Regulations may, in particular—

• (a) require a licensing authority not to grant a licence unless satisfied as to a matter specified in the regulations;

• (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

7

Regulations must make provision requiring a licensing authority not to grant a licence authorising the carrying on of an activity on specific premises unless the premises have been inspected as the regulations may provide.

Grant of licence subject to conditions

8

• (1) Regulations may, in particular, make provision for the grant of a licence subject to conditions.

• (2) Provision of the kind mentioned in sub-paragraph (1) may—

• (a) enable a licensing authority to attach conditions to a licence;

• (b) require a licensing authority to attach to a licence conditions specified in the regulations.

Breach of licence condition

9

• (1) Regulations may provide for breach of a condition of a licence to be an offence.

• (2) Regulations may provide that an offence of breach of condition of a licence is to be treated as a relevant offence for the purposes of section 22.

• (3) Regulations may apply a relevant post-conviction power in relation to conviction for an offence of breach of condition of a licence.

Appeals

10

Regulations may, in particular, make provision for appeals in relation to decisions of a licensing authority under the regulations.

Fees

11

Regulations may include provision for fees or other charges in relation to the carrying out of functions of the licensing authority under the regulations.

PART 2 — REGISTRATION FOR THE PURPOSES OF SECTION 12

Introductory

12

This Part has effect in relation to regulations under section 12(7) about registration for the purposes of section 12.

Registering authority

13

Regulations shall provide for the registering authority to be—

• (a) a council; or

• (b) the Department.

14

Where the registering authority is a council, regulations may require the council to have regard in carrying out its functions under the regulations to such guidance as may be issued by the Department.

Exercise of registration functions

15

Regulations may, in particular—

• (a) require a registering authority not to register an applicant for registration unless satisfied as to a matter specified in the regulations;

• (b) require a registering authority to have regard, in deciding whether to register an applicant for registration, to a matter specified in the regulations.

Appeals

16

Regulations may, in particular, make provision for appeals in relation to decisions of a registering authority under the regulations.

Fees

17

Regulations may include provision for fees or other charges in relation to the carrying out of functions of the registering authority under the regulations.

PART 3 — SUPPLEMENTARY

18

Power to make regulations under section 12(7) includes power to make provision for purposes other than the purpose of securing the welfare of animals for which a person is responsible.

19

• (1) Without prejudice to section 55(3), power to make regulations under section 12 includes power to make incidental, supplementary, consequential or transitional provision or savings.

• (2) In the case of provision consequential on the repeal of a statutory provision specified in section 12(8), the power under sub-paragraph (1) includes power—

• (a) to amend or repeal a statutory provision;

• (b) to make provision for the purpose of continuing the effect of a statutory provision repealed under paragraph (a).

• (3) The power under sub-paragraph (2)(b) includes power to provide that breach of a provision of the regulations is an offence.

SCHEDULE 3

Safeguards etc. in connection with powers of entry conferred by warrant

1

• (1) Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) shall have effect in relation to the issue of a warrant under section 18(4) or 22(1) to an inspector as they have effect in relation to the issue of a warrant under that provision to a constable.

• (2) In their application in relation to the issue of a warrant under section 18(4) or 22(1), Articles 17 and 18 of that Order shall have effect with the following modifications.

• (3) In Article 17—

• (a) in paragraph (2), omit the words from the end of sub-paragraph (a)(ii) to the end of sub-paragraph (b);

• (b) omit paragraphs (2A) and (5A);

• (c) in paragraph (5), omit the words from “unless” to the end;

• (d) in paragraph (6)(a), omit the words from the end of head (iii) to the end of head (iv);

• (e) in paragraph (7), omit the words from “which” to the end.

• (4) In Article 18—

• (a) omit paragraphs (3A) and (3B);

• (b) in paragraph (9), omit the words after sub-paragraph (b).

2

• (1) This paragraph and paragraphs 3 and 4 have effect in relation to the issue to inspectors of warrants under section 26(4) or 27(4); and an entry on premises under such a warrant is unlawful unless it complies with this paragraph and paragraphs 3 and 4.

• (2) Where an inspector applies for a warrant, the inspector must—

• (a) state the grounds on which the application is made,

• (b) state the statutory provision under which the warrant would be issued, and

• (c) specify the premises which it is desired to enter.

• (3) The inspector must answer any question asked by the lay magistrate hearing the application.

• (4) A warrant shall authorise an entry on one occasion only.

• (5) A warrant must specify—

• (a) the name of the person who applies for it,

• (b) the date on which it is issued, and

• (c) the statutory provision under which it is issued.

• (6) Two copies must be made of a warrant.

• (7) The copies must be clearly certified as copies by the lay magistrate who issues the warrant.

3

• (1) A warrant may be executed by any inspector.

• (2) A warrant may authorise persons to accompany any inspector who is executing it.

• (3) A person authorised under sub-paragraph (2) has the same powers as the inspector whom that person accompanies in respect of the execution of the warrant, but may exercise those powers only in the company of, and under the supervision of, an inspector.

• (4) Execution of a warrant must be within three months from the date of its issue.

• (5) Execution of a warrant must be at a reasonable hour unless it appears to the inspector executing it that the purpose of entry may be frustrated on an entry at a reasonable hour.

• (6) Where the occupier of premises which are to be entered under a warrant is present at the time when an inspector seeks to execute it, the inspector must—

• (a) identify himself or herself to the occupier and shall produce to the occupier documentary evidence that he or she is an inspector,

• (b) produce the warrant to the occupier, and

• (c) supply the occupier with a copy of it.

• (7) Where—

• (a) the occupier of premises which are to be entered under a warrant is not present when an inspector seeks to execute it, but

• (b) some other person who appears to the inspector to be in charge of the premises is present,

sub-paragraph (6) shall have effect as if any reference to the occupier were a reference to that other person.

• (8) If there is no person present who appears to the inspector to be in charge of the premises, the inspector must leave or affix a copy of the warrant in a prominent place on the premises.

• (9) A warrant which—

• (a) has been executed; or

• (b) has not been executed within the time authorised for its execution,

shall be returned to the clerk of petty sessions ....

• (10) A warrant which is returned under sub-paragraph (9) shall be retained by the officer to whom it is returned for 12 months from its return.

• (11) If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, the occupier shall be allowed to do so.

4

• (1) An inspector who enters any premises by virtue of a warrant must comply with a code of practice which has been published under sub-paragraph (4) and has not been withdrawn.

• (2) The Department must prepare a code of practice in connection with the exercise by inspectors of a power of entry conferred by virtue of a warrant.

• (3) After preparing a draft of the code the Department—

• (a) must publish the draft in such manner as it thinks appropriate and invite representations regarding the draft;

• (b) must consider any representations made to it regarding the draft; and

• (c) may amend the draft accordingly.

• (4) After the Department has proceeded under sub-paragraph (3) it must publish the code in such manner as it thinks appropriate.

• (5) The Department must from time to time review the code and if it thinks it appropriate revise the code.

• (6) Sub-paragraphs (2) to (4) apply to a revision of the code as they apply to its preparation.

Duty to produce evidence of identity

5

• (1) This paragraph applies to a power of entry conferred by section 18(1), 21(2), 24(2), 25(2), 26(2), 27(2), 28(2), 48 or 49.

• (2) A person may only exercise a power of entry to which this paragraph applies if on request—

• (a) that person produces evidence of his or her identity and of entitlement to exercise the power,

• (b) that person outlines the purpose for which the power is exercised.

Power to take persons onto premises

6

In exercising a power to which paragraph 5 applies, a person may be accompanied on to the premises by such persons as that person thinks appropriate.

Duty to exercise power of entry at reasonable time

7

Entry under a power to which paragraph 5 applies must be at a reasonable time, unless it appears to the person exercising the power that the purpose for which that person is exercising the power would be frustrated on entry at a reasonable time.

Power to require assistance

8

• (1) This paragraph applies to a power of entry conferred by—

• (a) section 18(1), 21(2), 24(2), 25(2), 26(2), 27(2) or 28(2); or

• (b) a warrant under section 18(4), 21(4), 22(1), 26(4) or 27(4).

• (2) Where a person enters premises in the exercise of a power of entry to which this paragraph applies, that person may require any qualifying person on the premises to give such assistance as may reasonably be required for the purpose for which entry is made.

• (3) The reference in sub-paragraph (2) to a qualifying person is to—

• (a) the occupier of the premises;

• (b) any person who appears to the person exercising the power to be responsible for animals on the premises;

• (c) any person who appears to the person exercising the power to be under the direction or control of a person mentioned in paragraph (a) or (b).

• (4) In the case of a power under section 24(2), the reference in sub-paragraph (2) to a qualifying person also includes the holder of a licence—

• (a) specifying the premises as premises on which the carrying on of an activity is authorised; or

• (b) relating to an activity which is being carried on on the premises.

Power to take equipment onto premises

9

In exercising a power to which paragraph 8 applies, a person may take with him or her such equipment and materials as he or she thinks appropriate.

Duty to leave premises secured

10

If, in the exercise of a power of entry to which paragraph 8 applies, a person enters premises which are unoccupied, that person must leave them as effectively secured against entry as they were found.

Functions in connection with inspection and search

11

• (1) This paragraph applies to—

• (a) a power of inspection conferred by section 24(1), 25(1), 26(1), 27(1) or 28(1), and

• (b) a power of search conferred by a warrant under section 22(1).

• (2) A person exercising a power to which this paragraph applies may—

• (a) inspect an animal found on the premises;

• (b) inspect any other thing found on the premises, including a document or record (in whatever form it is held);

• (c) carry out a measurement or test (including a measurement or test of an animal found on the premises);

• (d) take a sample (including a sample from an animal found on the premises or from any substance on the premises which appears to be intended for use as food for such an animal);

• (e) mark an animal found on the premises for identification purposes;

• (f) remove a carcass found on the premises for the purpose of carrying out a post-mortem examination on it;

• (g) take copies of a document or record found on the premises (in whatever form it is held);

• (h) require information sorted in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form;

• (i) take a photograph of anything on the premises;

• (j) seize and detain or remove anything which the person exercising the power reasonably believes to be evidence of any non-compliance, or of the commission of any offence, relevant to the purpose for which the inspection or search is made.

• (3) A person taken onto premises under paragraph 6 may exercise any power conferred by sub-paragraph (2) if that person is in the company of, and under the supervision of, a person exercising a power to which this paragraph applies.

12

A person who takes a sample from an animal pursuant to paragraph 11(2)(d) must give a part of the sample, or a similar sample, to any person appearing to be responsible for the animal, if, before the sample is taken, he or she is requested to do so by that person.

13

• (1) Paragraph 11(2)(j) does not include power to seize an item which the person exercising the power has reasonable grounds for believing to be subject to legal privilege (within the meaning of Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)).

• (2) A person who seizes anything in exercise of the power under paragraph 11(2)(j) shall on request provide a record of the thing seized to a person showing himself or herself—

• (a) to be the occupier of premises on which it was seized; or

• (b) to have had possession or control of it immediately before its seizure.

• (3) Subject to sub-paragraph (4), anything which has been seized in the exercise of a power under paragraph 11(2)(j) may be retained so long as is necessary in all the circumstances and in particular—

• (a) for use as evidence at a trial for a relevant offence; or

• (b) for forensic examination or for investigation in connection with a relevant offence.

• (4) Nothing may be retained for either of the purposes mentioned in sub-paragraph (3) if a photograph or a copy would be sufficient for that purpose.

14

As soon as reasonably practicable after having exercised a power to which paragraph 11 applies, the person who exercised the power shall—

• (a) prepare a written report of the inspection or search, and

• (b) if requested to do so by the occupier of the premises, give the occupier a copy of the report.

15

• (1) A person exercising a power of search conferred by a warrant under section 22(1) may (if necessary) use reasonable force in the exercise of powers under paragraph 11 in connection with the execution of the warrant.

• (2) A person carrying out an inspection under section 26(1) or 27(1) on premises which that person is authorised to enter by a warrant under section 26(4) or, as the case may be, section 27(4), may (if necessary) use reasonable force in the exercise of powers under paragraph 11 in connection with the inspection.

Functions in connection with entry under section 18

16

• (1) Where a person enters premises in exercise of a power of entry conferred by section 18(1), or by a warrant under section 18(4), that person may—

• (a) inspect an animal found on the premises;

• (b) remove a carcass found on the premises for the purposes of carrying out a post-mortem examination on it;

• (c) remove for those purposes the carcass of an animal destroyed on the premises in exercise of power conferred by section 17(3) or (4);

• (d) take a photograph of anything on the premises.

• (2) Where a person exercising a power of entry under section 18(1) is accompanied by another person under paragraph 6, the other person may exercise any power conferred by sub-paragraph (1) if that person is in the company of, and under the supervision of, the person exercising the power of entry.

Offences

17

A person commits an offence if that person—

• (a) intentionally obstructs a person in the lawful exercise of a power to which paragraph 8 or 11 applies;

• (b) intentionally obstructs a person in the lawful exercise of a power conferred by this Schedule;

• (c) fails without reasonable excuse to give any assistance which that person is required to give under paragraph 8.

SCHEDULE 4

The Dogs (Northern Ireland) Order 1983 (NI 8)

1

In Articles 4(2)(a), 10(2), 13(2) and 18(1)(b), for “section 27 of the Welfare of Animals Act (Northern Ireland) 1972” substitute “ section 33 of the Welfare of Animals Act (Northern Ireland) 2011 ”.

2

In Articles 10(5)(a), 13(5)(a) and 34(1) for “Part 3 of the Welfare of Animals Act (Northern Ireland) 1972” substitute “ Part 2 of the Welfare of Animals Act (Northern Ireland) 2011 ”.

The Animals (Scientific Procedures) Act 1986 (c. 14)

3

In section 29—

• (a) in subsection (5) for “sections 13 and 14 of the Welfare of Animals Act (Northern Ireland) 1972” substitute “ sections 4, 5, 6(1) and (2), 7 and 8 of the Welfare of Animals Act (Northern Ireland) 2011 ”;

• (b) in subsection (5A) for “sections 13 and 14 of the Welfare of Animals Act (Northern Ireland) 1972” substitute “ sections 4, 5, 6(1) and (2) and 7 to 9 of the Welfare of Animals Act (Northern Ireland) 2011 ”.

The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6)

4

In Article 1(2) for “paragraphs (3) and (4)” substitute “ paragraph (4) ”.

The Dangerous Wild Animals (Northern Ireland) Order 2004 (NI 16)

5

In Article 2(5) for “Welfare of Animals Act (Northern Ireland) 1972” substitute “ Welfare of Animals Act (Northern Ireland) 2011 ”.

6

In Article 7—

• (a) for paragraph (1)(a) substitute—

(a) premises in relation to which a licence under section 12 of the Welfare of Animals Act is in force;

;

• (b) in paragraph (2)—

• (i) for “licensed as a zoological establishment” substitute “ in relation to which a licence under section 12 of the Welfare of Animals Act is in force ”;

• (ii) for “establishment” substitute “ premises ”.

SCHEDULE 5

Protected animals

Prohibited procedures

Abandonment

Power of entry for section 17 purposes

Entry and search under warrant in connection with offences

Seizure of animals in connection with disqualification

Interpretation

Transitional provision

Short title

Editorial notes

[^c22529071]: S. 5 partly in operation; s. 5 not in operation at Royal Assent see s. 59; s. 5(5)(a)(iv) and (6) in operation at 11.7.2011 by S.R. 2011/245, art. 2, Sch. 1

[^c22529081]: S. 6 partly in operation; s. 6 not in operation at Royal Assent see s. 59; s. 6(16) and (17) in operation at 11.7.2011 by S.R. 2011/245, art. 2, Sch. 1

[^c22529061]: S. 59 power partly exercised: 11.7.2011 appointed for specified provisions by S.R. 2011/245, art. 2, Sch. 1 (with transitional provision in art. 4)

[^c22529091]: Sch. 5 partly in operation; Sch. 5 not in operation at Royal Assent see s. 59; Sch. 5 in operation for specified purposes at 11.7.2011 by S.R. 2011/245, arts. 2, 3, Schs. 1, 2

[^key-97b22696ec2c18cb150224fd680baf40]: S. 5(1)(2) excluded (2.4.2012) by The Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012 (S.R. 2012/153), art. 1, reg. 3, Schs. 1-11

[^key-a3751b3b96ff3cb1d2860a10deac27b6]: S. 5 in operation at 2.4.2012 by S.R. 2012/154, art. 2(a), Sch. 1

[^key-196c7aad020644b2c0c04d5e122d77ea]: S. 10 in operation at 2.4.2012 by S.R. 2012/154, art. 2(a), Sch. 1

[^key-f5387e91e002e58f9dfb78f127766f48]: S. 27 in operation at 2.4.2012 by S.R. 2012/154, art. 2(a), Sch. 1

[^key-15a5f33ae9c5477d134367755e4b426e]: S. 29 in operation at 2.4.2012 by S.R. 2012/154, art. 2(a), Sch. 1

[^key-3221242203fd551c742443aa1f84bb05]: S. 45 in operation at 2.4.2012 by S.R. 2012/154, art. 2(a), Sch. 1

[^key-3ca70190429de2129e4baa4617fe37e5]: S. 57(2) in operation at 2.4.2012 for specified purposes by S.R. 2012/154, art. 2(b)

[^key-f583d2c60805f69507a36a0b932f83d3]: Sch. 5 in operation at 2.4.2012 for specified purposes by S.R. 2012/154, arts. 2(b), 3, Sch. 2, 3

[^key-57116fb210d96e6c518410761be63080]: S. 6(1)-(15) (18) in operation at 1.1.2013 by S.R. 2012/386, art. 2(a)

[^key-7fdacadbd721103a6639356c80f87718]: Sch. 1 para. 1 in operation at 1.1.2013 by S.R. 2012/386, art. 2(b)

[^key-5d3631de3bf564c0c615d09218945882]: Sch. 1 para. 2 in operation at 1.1.2013 by S.R. 2012/386, art. 2(b)

[^key-af3b76df21d0d3374be2e0f4a0b0dc59]: Sch. 1 para. 3 in operation at 1.1.2013 by S.R. 2012/386, art. 2(b)

[^key-b7ae792a428284cdb0c1ce1e706f2339]: Sch. 1 para. 4 in operation at 1.1.2013 by S.R. 2012/386, art. 2(b)

[^key-4dd856a34e318f531d599866b4ae5f7f]: Sch. 1 para. 5 in operation at 1.1.2013 by S.R. 2012/386, art. 2(b)

[^key-91e46b385d75e8b9b5433918a2201df8]: S. 52(4) omitted (1.1.2013) by virtue of The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 41(4) (with Sch. 3)

[^key-55dc1b26f1e0b12152116dbf4e335c8d]: Words in s. 52(2) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 41(2) (with Sch. 3)

[^key-10d7ad27c1942780b605cb4fc63ef541]: S. 52(3)(a)(b) substituted (1.1.2013) for s. 52(3)(a)-(d) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 41(3) (with Sch. 3)

[^key-cbab69b2c70d60663595e74109063d5b]: S. 22 modified (1.4.2013) by The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/43), regs. 1, 15

[^key-70d1138137305a631e8194682c602088]: S. 32 applied (1.4.2013) by The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/43), regs. 1, 17

[^key-ee1db169210a009daf80e76648242172]: S. 33 applied (1.4.2013) by The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/43), regs. 1, 17

[^key-4228bdf10b85048a0e1e215621c662f9]: S. 34 applied (1.4.2013) by The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/43), regs. 1, 17

[^key-fabfd04b20fef26f8fc74588f3574927]: S. 41 applied (1.4.2013) by The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/43), regs. 1, 17

[^key-6694f311aa8276cf5190156852020de5]: Words in s. 31(1) omitted (1.8.2016) by virtue of Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(1), 61(2); S.R. 2016/248, art. 2

[^key-0d7a176821f12cccb3aaa79b57643bf7]: S. 31(1A) inserted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(2), 61(2); S.R. 2016/248, art. 2

[^key-446e96c6b8a8e12efc8eb80205d6173a]: Word in s. 31(2) omitted (1.8.2016) by virtue of Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(3)(a), 61(2); S.R. 2016/248, art. 2

[^key-36545dee3c6ac4fb8a70baf99741f596]: Words in s. 31(2) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(3)(b), 61(2); S.R. 2016/248, art. 2

[^key-15858bcd959d4c406b581ad4ecb627b4]: Words in s. 31(2)(b) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(4), 61(2); S.R. 2016/248, art. 2

[^key-8d877346553fbbac5a71b53d12c39964]: Word in s. 32(1) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(5)(a), 61(2); S.R. 2016/248, art. 2

[^key-992648570eba8ff5dfe7416f5a35e950]: Word in s. 33(10) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(5)(b), 61(2); S.R. 2016/248, art. 2

[^key-f9068997bc7356d8f9e11874e58be451]: Word in s. 36(1) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(5)(c), 61(2); S.R. 2016/248, art. 2

[^key-af4c86e2b2ac5a72b0998d212c84dda6]: Word in s. 36(6) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(6)(a), 61(2); S.R. 2016/248, art. 2

[^key-70ca3be9e0c6a982e8f0392edde594b1]: Word in s. 37(1) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(6)(b), 61(2); S.R. 2016/248, art. 2

[^key-46b4ecfea10fc39e3c3cb1dd0bbb3722]: Word in s. 38(1) substituted (1.8.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 48(6)(c), 61(2); S.R. 2016/248, art. 2

[^key-1ce374465d1562c0340508a132c16f85]: Words in Sch. 3 para. 3(9) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 141, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

[^key-76e5e44b455773d8c76e5784a08d11e6]: S. 28(1)(a)-(c) substituted for words (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(3)

[^key-f957d821abe2b3bd82c210c7acd5ae6b]: S. 28(4) inserted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(4)

[^key-39214f13fb9641786a36739ad79c5ca0]: Words in s. 28 heading substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 4(2)

[^key-4235e2de04b3ffb29bf45686df4b24ed]: S. 51A inserted (31.3.2022) by Animal Welfare (Service Animals) Act (Northern Ireland) 2022 (c. 9), ss. 1, 2(1)

[^key-6b6063df4bfdb5bf1b8b0fae86a23dce]: Word in s. 28 and heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 74

Deprivation

Transitional provision

Short title

51A

• (1) Subsections (2) and (3) apply when it is being determined in connection with section 4(1) whether suffering is unnecessary in a case where the suffering was caused by conduct for the purpose mentioned in section 4(3)(c)(ii).

• (2) The fact that the conduct was for the purpose mentioned in section 4(3)(c)(ii) is to be disregarded if—

• (a) the animal was—

• (i) under the control of a relevant officer at the time of the conduct, and

• (ii) being used by the officer at the time of the conduct, in the course of the officer’s duties, in a way that was reasonable in all the circumstances, and

• (b) the conduct was that of someone other than the officer.

• (3) A relevant officer is—

• (a) a constable (but see subsection (4)),

• (b) a person (other than a constable)—

• (i) employed for the purposes of the police, or

• (ii) engaged to provide services for the purposes of the police, or

• (c) a prisoner custody officer as defined in Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994.

• (4) A reference in this section to a constable excludes a member of the Naval, Military or Royal Air Force Police.

• (5) The Department of Agriculture, Environment and Rural Affairs may by regulations amend this section so as to alter the meaning of a relevant officer in this section.

• (6) Only a person in the public service of the Crown may be included within the meaning of a relevant officer in this section by virtue of regulations under this section.