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The Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012

S.R. 2012/154 · Made 30 March 2012

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Animals

Made 30th March 2012

Coming into operation 2nd April 2012

The Department of Agriculture and Rural Developmentf1, makes the following Order in exercise of the powers conferred on it by section 59 of the Welfare of Animals Act (Northern Ireland) 2011f2.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I. 1)) Article 3(4)

f2

2011 c.16

Contents

  1. 1Citation and Interpretation
  2. 2Appointed Day
  3. 3Repeals
  4. Signature
  5. Schedule 1Schedule 1
  6. Schedule 2Schedule 2
  7. Schedule 3Schedule 3
  8. Explanatory note

1Citation and Interpretation

(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.

2Appointed Day

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.

3Repeals

The Welfare of Animals Act (Northern Ireland) 1972f1 is hereby repealed to the extent specified in Schedule 3.

Signature

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th March 2012.

(L.S.)

Colette McMaster

A senior officer of the Department of Agriculture and Rural Development

Schedule 1

Provisions of the ActSubject matter
Section 5Prohibited procedures
Section 10Improvement notices
Section 27Inspection of farm premises
Section 29Powers of councils to prosecute offences
Section 45Inspectors

Schedule 2

Short TitleExtent 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 TitleExtent of repeal
The Welfare of Animals (Northern Ireland) Act 1972 c.7Section 1 – Prevention of unnecessary pain
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

Explanatory note

(This note is not part of the Order)

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.