Welfare of Animals Act (Northern Ireland) 2011

Legislation Crest

N.I.

Welfare of Animals Act (Northern Ireland) 2011

2011 CHAPTER 16

An Act to make provision about animal welfare.

[29th March 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1 N.I.INTRODUCTORY

Animals to which this Act appliesN.I.

1—(1) In this Act, except in subsections (4) and (6), “animal” means a vertebrate other than man.

(2) Nothing in this Act applies to an animal while it is in its foetal or embryonic form.

(3) The Department may by regulations for all or any of the purposes of this Act—

(a)extend the definition of “animal” so as to include invertebrates of any description;

(b)amend subsection (2) to extend the application of this Act to an animal from such earlier stage of its development as may be specified in the regulations.

(4) The power under subsection (3) may only be exercised if the Department is satisfied, on the basis of scientific evidence, that animals of the kind concerned are capable of experiencing pain or suffering.

(5) Before making regulations under subsection (3), the Department must consult such persons appearing to the Department to represent relevant interests as the Department considers appropriate.

(6) In this section, “vertebrate” means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and “invertebrate” means any animal not of that Sub-phylum.

Protected animalsN.I.

2  An animal is a “protected animal” for the purposes of this Act if—

(a)it is of a kind which is commonly domesticated in Northern Ireland,

(b)it is under the control of man whether on a permanent or temporary basis, or

(c)it is not living in a wild state.

Responsibility for animalsN.I.

3—(1) In this Act, references to a person responsible for an animal are to a person responsible for an animal whether on a permanent or temporary basis.

(2) In this Act, references to being responsible for an animal include being in charge of it.

(3) For the purposes of this Act, a person who owns an animal shall always be regarded as being a person who is responsible for it.

(4) For the purposes of this Act, a person shall be treated as responsible for any animal for which a person under the age of 16 years, of whom the first mentioned person has actual care and control, is responsible.

(5) For the purposes of this Act, a person does not relinquish responsibility for an animal by reason only of abandoning it.

PART 2 N.I.PROTECTION OF ANIMALS

Prevention of harmN.I.

Unnecessary sufferingN.I.

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Administration of poisons, etc.N.I.

Fighting etc.N.I.

Promotion of welfareN.I.

Ensuring welfare of animalsN.I.

Improvement noticesN.I.

Regulations for securing welfare of animalsN.I.

Licensing or registration of activities involving animalsN.I.

Prohibition on keeping certain animalsN.I.

AbandonmentN.I.

Transfer of animals by way of sale or prize to persons under 16N.I.

Codes of practiceN.I.

PART 3 N.I.ANIMALS IN DISTRESS

Powers in relation to animals in distressN.I.

17—(1) If an inspector or a constable reasonably believes that a protected animal is suffering, the inspector or constable may take, or arrange for the taking of, such steps as appear to the inspector or constable to be immediately necessary to alleviate the animal's suffering.

(2) Subsection (1) does not authorise destruction of an animal.

(3) If a veterinary surgeon certifies that the condition of a protected animal is such that it should in its own interests be destroyed, an inspector or a constable may—

(a)destroy the animal where it is or take it to another place and destroy it there; or

(b)arrange for the doing of any of the things mentioned in paragraph (a).

(4) An inspector or a constable may act under subsection (3) without the certificate of a veterinary surgeon if it appears to the inspector or constable—

(a)that the condition of the animal is such that there is no reasonable alternative to destroying it, and

(b)that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.

(5) An inspector or a constable may take a protected animal into possession if a veterinary surgeon certifies—

(a)that it is suffering, or

(b)that it is likely to suffer if its circumstances do not change.

(6) An inspector or a constable may act under subsection (5) without the certificate of a veterinary surgeon if it appears to the inspector or constable—

(a)that the animal is suffering or that it is likely to do so if its circumstances do not change, and

(b)that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.

(7) The power conferred by subsection (5) includes power to take into possession dependent offspring of an animal taken into possession under that subsection.

(8) Where an animal is taken into possession under subsection (5), an inspector or a constable may—

(a)remove it, or arrange for it to be removed, to a place of safety;

(b)care for it, or arrange for it to be cared for—

(i)on the premises where it was being kept when it was taken into possession, or

(ii)at such other place as the inspector or, as the case may be, the constable thinks fit;

(c)mark it, or arrange for it to be marked, for identification purposes.

(9) A person acting under subsection (8)(b)(i), or under an arrangement under that provision, may make use of any equipment on the premises.

(10) A veterinary surgeon may examine and take samples from an animal for the purpose of determining whether to issue a certificate under subsection (3) or (5) with respect to the animal.

(11) If a person exercises a power under this section otherwise than with the knowledge of a person who is responsible for the animal concerned, that person must, as soon as reasonably practicable after exercising the power, take such steps as are reasonable in the circumstances to bring the exercise of the power to the notice of such a person.

(12) A person commits an offence if that person intentionally obstructs a person in the exercise of power conferred by this section.

(13) A magistrates' court may, on application by a person who incurs expenses in acting under this section, order that that person be reimbursed by such person as it thinks fit.

(14) For the purposes of Articles 143 (appeals) and 146 (cases stated) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)—

(a)an order made under subsection (13) shall be deemed to be an order in proceedings to which Article 143 applies; and

(b)the person affected by the order shall be deemed to be a party to those proceedings.

Power of entry for section 17 purposesN.I.

18—(1) An inspector or a constable may enter premises for the purpose of searching for a protected animal and of exercising any power under section 17 in relation to it if the inspector or constable reasonably believes—

(a)that there is a protected animal on the premises, and

(b)that the animal is suffering or, if the circumstances of the animal do not change, it is likely to suffer.

(2) Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling.

(3) An inspector or a constable may (if necessary) use reasonable force in exercising the power conferred by subsection (1), but only if it appears to the inspector or constable that entry is required before a warrant under subsection (4) can be obtained and executed.

(4) Subject to subsection (5), a lay magistrate may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises for the purpose mentioned in subsection (1), if necessary using reasonable force.

(5) The power to issue a warrant under subsection (4) is exercisable only if the lay magistrate is satisfied by complaint on oath—

(a)that there are reasonable grounds for believing that there is a protected animal on the premises and that the animal is suffering or is likely to suffer if its circumstances do not change, and

(b)that section 46 is satisfied in relation to the premises.

Orders in relation to animals taken under section 17(5)N.I.

19—(1) A magistrates' court may order any of the following in relation to an animal taken into possession under section 17(5)—

(a)that specified treatment be administered to the animal;

(b)that possession of the animal be given up to a specified person;

(c)that the animal be sold;

(d)that the animal be disposed of otherwise than by way of sale;

(e)that the animal be destroyed.

(2) If an animal is taken into possession under section 17(5) when it is pregnant, the power conferred by subsection (1) shall also be exercisable in relation to any offspring that results from the pregnancy.

(3) The power conferred by subsection (1) shall be exercisable on application by—

(a)the owner of the animal, or

(b)any other person appearing to the court to have a sufficient interest in the animal.

(4) A court may not make an order under subsection (1) unless—

(a)it has given the owner of the animal an opportunity to be heard; or

(b)it is satisfied that it is not reasonably practicable to communicate with the owner.

(5) Where a court makes an order under subsection (1), it may—

(a)appoint a person to carry out, or arrange for the carrying out, of the order;

(b)give directions with respect to the carrying out of the order;

(c)confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;

(d)order a person to reimburse the expenses of carrying out the order.

(6) In determining how to exercise its powers under this section, the court must have regard, amongst other things, to the desirability of protecting the animal's value and avoiding increasing any expenses which a person may incur or be ordered to reimburse.

(7) A person commits an offence if that person intentionally obstructs a person in the exercise of any power conferred by virtue of this section.

(8) If the owner of the animal is subject to a liability by virtue of section 17(13) or subsection (5)(d) of this section, any amount to which the owner is entitled as a result of sale of the animal may be reduced by an amount equal to that liability.

Orders under section 19: appealsN.I.

20—(1) For the purposes of Articles 143 (appeals) and 146 (cases stated) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)—

(a)an order made under section 19(1) shall be deemed to be an order in proceedings in which Article 143 applies; and

(b)the owner of the animal to which the order relates shall be deemed to be a party to those proceedings.

(2) Nothing may be done under an order under section 19(1) unless—

(a)the period for giving notice of appeal against the order has expired, and

(b)if the order is the subject of an appeal, the appeal has been determined or withdrawn.

(3) Where the effect of an order is suspended under subsection (2)—

(a)no directions given in connection with the order shall have effect, but

(b)the court may give directions about how any animal to which the order applies is to be dealt with during the suspension.

(4) Directions under subsection (3)(b) may, in particular—

(a)appoint a person to carry out, or arrange for the carrying out, of the directions;

(b)require any person who has possession of the animal to deliver it up for the purposes of the directions;

(c)confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the directions;

(d)provide for the recovery of any expenses which are reasonably incurred in carrying out the directions.

(5) Where a court decides on an application under section 19(3)(a) not to exercise the power conferred by subsection (1) of that section, the applicant may appeal against the decision to the county court.

(6) For the purposes of Article 143 (appeals) and 146 (cases stated) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)—

(a)an order made under section 19(5)(d) shall be deemed to be an order in proceedings to which Article 143 applies; and

(b)the person against whom the order is made shall be deemed to be a party to those proceedings.

PART 4 N.I.ENFORCEMENT

Enforcement powersN.I.

Seizure of animals involved in fighting offencesN.I.

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Inspection of records required to be kept by holder of licenceN.I.

Inspection in connection with licencesN.I.

Inspection in connection with registrationN.I.

Inspection of premises to check compliance with regulations made under section 13N.I.

Inspection of farm premisesN.I.

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ProsecutionsN.I.

Power of councils to prosecute offencesN.I.

Time limits for prosecutionsN.I.

Post-conviction powersN.I.

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Section 34: supplementaryN.I.

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Forfeiture of equipment used in offencesN.I.

Orders under section 32, 34, 36, 37 or 39: pending appealsN.I.

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Termination of disqualification under section 33 or 41N.I.

Orders made on conviction for reimbursement of expensesN.I.

Orders for reimbursement of expenses: right of appeal for non-offendersN.I.

PART 5 N.I.GENERAL

InspectorsN.I.

Conditions for grant of warrantN.I.

Powers of entry, inspection and search: supplementaryN.I.

Power to stop and detain vehiclesN.I.

Power to detain vessels, etc.N.I.

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

Offences by bodies corporateN.I.

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Hunting, coursing and fishingN.I.

Application to the CrownN.I.

PART 6 N.I.SUPPLEMENTARY

Orders and regulationsN.I.

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.

InterpretationN.I.

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—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

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).

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Transitional provisionN.I.

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”.

CommencementN.I.

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.

Subordinate Legislation Made

P1S. 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)

Short titleN.I.

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

SCHEDULES

Section 6(7).

SCHEDULE 1N.I.DOGS SPECIFIED FOR THE PURPOSES OF SECTION 6(7)

1  Spaniels of any breed or combination of breeds.N.I.

2  Terriers of any breed or combination of breeds.N.I.

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

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

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

Section 12(10).

SCHEDULE 2N.I.REGULATIONS UNDER SECTION 12

PART 1 N.I.LICENCES FOR THE PURPOSES OF SECTION 12

IntroductoryN.I.

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

Licensing authorityN.I.

2  Regulations shall provide for the licensing authority to be—N.I.

(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.N.I.

Period of licenceN.I.

4  Regulations may, in particular—N.I.

(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.N.I.

Exercise of licensing functionsN.I.

6  Regulations may, in particular—N.I.

(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.N.I.

Grant of licence subject to conditionsN.I.

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

(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 conditionN.I.

9—(1) Regulations may provide for breach of a condition of a licence to be an offence.N.I.

(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.

AppealsN.I.

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

FeesN.I.

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.N.I.

PART 2 N.I.REGISTRATION FOR THE PURPOSES OF SECTION 12

IntroductoryN.I.

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

Registering authorityN.I.

13  Regulations shall provide for the registering authority to be—N.I.

(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.N.I.

Exercise of registration functionsN.I.

15  Regulations may, in particular—N.I.

(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.

AppealsN.I.

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

FeesN.I.

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.N.I.

PART 3 N.I.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.N.I.

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.N.I.

(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.

Section 47.

SCHEDULE 3N.I.POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY

Safeguards etc. in connection with powers of entry conferred by warrantN.I.

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.N.I.

(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.N.I.

(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— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

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.N.I.

(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 identityN.I.

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.N.I.

(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 premisesN.I.

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.N.I.

Duty to exercise power of entry at reasonable timeN.I.

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.N.I.

Power to require assistanceN.I.

8—(1) This paragraph applies to a power of entry conferred by—N.I.

(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 premisesN.I.

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.N.I.

Duty to leave premises securedN.I.

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.N.I.

Functions in connection with inspection and searchN.I.

11—(1) This paragraph applies to—N.I.

(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.N.I.

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)).N.I.

(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—N.I.

(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.N.I.

(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 18N.I.

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—N.I.

(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.

OffencesN.I.

17  A person commits an offence if that person—N.I.

(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.

Section 57(1).

SCHEDULE 4N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

The Dogs (Northern Ireland) Order 1983 (NI 8)N.I.

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 ”.N.I.

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 ”.N.I.

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

3  In section 29—N.I.

(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)N.I.

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

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

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

6  In Article 7—N.I.

(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 ”.

Section 57(2).

SCHEDULE 5N.I.REPEALS

Short Title Extent of repeal
The Welfare of Animals Act (Northern Ireland) 1972 (c. 7) The whole Act.
The Diseases of Animals (Northern Ireland) Order 1981 (NI 22) Articles 21 to 23A.
The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) In Part 2 of Schedule 6, paragraph 125.
The Dogs (Northern Ireland) Order 1983 (NI 8)
The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984 (NI 2)
The Fines and Penalties (Northern Ireland) Order 1984 (NI 3) In Schedule 3, the entry relating to the Welfare of Animals Act (Northern Ireland) 1972 (c. 7).
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)
The Dangerous Wild Animals (Northern Ireland) Order 2004 (NI 16) In Article 7(1), sub-paragraph (b).