LegalizeThe Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012
Made: 30th March 2012
Coming into operation: 2nd April 2012
The Department of Agriculture and Rural Development[^f00001], makes the following Order in exercise of the powers conferred on it by section 59 of the Welfare of Animals Act (Northern Ireland) 2011[^f00002].
Citation and Interpretation
1
- (1) This Order may be cited as the Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012.
- (2) In this Order “the Act” means The Welfare of Animals Act (Northern Ireland) 2011.
Appointed Day
2
The day appointed for the coming into operation of—
- (a) the provisions of the Act specified in Schedule 1; and
- (b) Section 57(2) of and Schedule 5 to the Act insofar as may relate to the statutory provisions listed in Schedule 2,
is the 2nd day of April 2012.
Repeals
3
The Welfare of Animals Act (Northern Ireland) 1972[^f00003] is hereby repealed to the extent specified in Schedule 3.
SCHEDULE 1
| Provisions of the Act | Subject matter |
|---|---|
| Section 5 | Prohibited procedures |
| Section 10 | Improvement notices |
| Section 27 | Inspection of farm premises |
| Section 29 | Powers of councils to prosecute offences |
| Section 45 | Inspectors |
SCHEDULE 2
| Short Title | Extent of repeal |
|---|---|
| The Diseases of Animals (Northern Ireland) Order 1981 (NI 22) | Article 22 |
| The Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26) | In Part 2 of Schedule 6, paragraph 125 |
| The Wildlife (Northern Ireland) Order 1985 (NI 2) | In Schedule 12, paragraph 5 |
| The Food and Environment Protection Act 1985 (c.48) | In section 16, subsection (14)(c) |
| The Animals (Scientific Procedures) Act 1986 (c.14) | In Schedule 3, paragraph 8 |
| The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6) | Article 13 and 15 |
SCHEDULE 3
| Short Title | Extent of repeal |
|---|---|
| The Welfare of Animals (Northern Ireland) Act 1972 c.7 | Section 1 – Prevention of unnecessary pain |
| The Welfare of Animals (Northern Ireland) Act 1972 c.7 | Section 13 – Acts of cruelty |
| Section 14 – Offences in relation to operations | |
| Section 15 - Exceptions to sections 13 and 14 | |
| Section 18 – Docking and nicking of horses | |
| Section 25 - Penalties | |
| Section 26 – Power of the court to order destruction of an animal | |
| Section 27 – Power to disqualify persons convicted of cruelty | |
| Section 28 – Cost of caring for neglected animals | |
| Schedule 1 – Operations which may be performed without an anaesthetic |
Signed
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th March 2012.
Colette McMaster — A senior officer of the Department of Agriculture and Rural Development
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order commences certain provisions of the Welfare of Animals (Northern Ireland) Act 2011 and repeals certain provisions of the Welfare of Animals Act (Northern Ireland) 1972.
This Order specifically commences certain repeals contained in Schedule 5 of the Welfare of Animals Act (Northern Ireland) 2011. These repeals are consequential upon the commencement of the earlier repeal of provisions in the Welfare of Animals Act (Northern Ireland) 1972 and their replacement by provisions of the Welfare of Animals Act (Northern Ireland) 2011.
Footnotes
[^f00001]: Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I. 1)) Article 3(4)
[^f00002]: 2011 c.16
[^f00003]: 1972 c.7
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