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Inspection of animals and equipment.
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4.—(1) The person who is the owner of or for the time being has under his control animals to which this Act applies shall—
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(a) in case the animals are for the time being kept in an intensive unit, not less than once per day,
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(i) thoroughly inspect the animals' condition and state of health or cause their condition and state of health to be so inspected,
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(ii) for the purpose of ensuring that the automatic or other technical equipment used in the unit is free from defects either—
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(I) if he is competent so to do, thoroughly inspect such equipment, or
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(II) cause such equipment to be thoroughly inspected by a competent person,
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(b) in case the animals are for the time being not so kept, at intervals sufficient to avoid their being caused unnecessary suffering, thoroughly inspect the animals' condition and state of health, or cause their condition and state of health to be so inspected.
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(2) Where an animal to which this Act applies is found on inspection (whether the inspection is made in pursuance of the requirements of this section or otherwise) not to be in a state of well-being, the person who has for the time being the animal under his control shall forthwith take such measures as may be necessary to prevent the animal's being caused unnecessary suffering.
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(3) Where on an inspection of automatic or other technical equipment used in an intensive unit (whether the inspection is made in pursuance of the requirements of this section or otherwise) a defect in the equipment is discovered, the owner or the person who is for the time being in charge of the unit shall forthwith remedy, or cause to be so remedied, the defect, or, if this is impracticable, such owner or person shall forthwith take or cause to be so taken such measures as may be required to safeguard the welfare of animals kept in the unit, and in case such measures are taken, then until the defect is remedied such owner or person shall also ensure that such measures are maintained.
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(4) In any proceedings in which it is proved that an inspection referred to in subsection (2) or (3) of this section was carried out and that on such inspection either an animal to which this Act applies was found not to be in a state of well-being or a defect described in subsection (3) of this section was discovered, it shall be a defence for the defendant to show both that he was unaware that the inspection had been carried out and that in the circumstances of the case his being so unaware was not unreasonable.
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