Animal Health and Welfare Act 2013

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Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Laying of regulations and orders.

4. Repeals.

5. Expenses.

6. Disposal of moneys received by Minister.

PART 2

Prevention and Control of Animal Disease

7. Application of Act to disease.

8. Prohibition on farm animals straying.

9. Disease eradication areas.

10. Prohibition on spreading disease.

PART 3

Animal Welfare

11. Duty to protect animal welfare.

12. Prohibition on animal cruelty.

13. Feeding of animals.

14. Prohibition on abandonment of animals.

15. Prohibition on animal fighting, etc.

16. Prohibited operations and procedures.

17. Use of anaesthetics, etc.

18. Protection of animals from poison.

19. Inspection of protected animals and equipment.

20. Records as regards intensive units.

21. Welfare of animals during sale.

22. Regulation of sale of animals to minors.

23. Humane destruction of animal.

24. Measures relating to animals in distress.

PART 4

Codes of Practice

25. Codes of practice.

PART 5

Animal Health Levies

26. Animal health levies.

27. Duty to pay levy before export of live animals.

28. Animal health levy due and payable.

29. Duty to keep records.

PART 6

Destruction, Disposal, etc., of Animals

30. Destruction and disposal.

31. Compensation.

32. Valuation.

33. Arbitration.

34. Limitation on compensation.

35. Abatement of compensation.

PART 7

Regulations Relating to Animal Health and Welfare

36. Animal health and welfare regulations.

PART 8

Enforcement

37. Appointment of authorised officer.

38. Functions of authorised officer.

39. Power of member of Garda Síochána to arrest without warrant.

40. Search of suspects and stopping vehicles.

41. Assistance to authorised officer.

42. Animal health and welfare notice.

43. Appeal against animal health and welfare notice.

44. Seizure and detention for non-compliance with notice.

45. Search warrant.

46. Obstruction and false statements.

PART 9

Local Authorities

47. Functions of local authorities.

48. Default of local authority.

PART 10

Proceedings and Sanctions

49. Fixed payment notice.

50. Evidence of laboratory analysis on certificate, etc.

51. Service of notice, etc.

52. Penalties.

53. Costs of prosecution.

54. Offence — body corporate.

55. Summary proceedings.

56. Presumption of ownership in relation to animals.

57. Forfeiture — equipment, animal product, etc.

58. Disqualification.

59. Seizure of animals in connection with disqualification.

60. Forfeiture of animal.

61. Person incapable of taking care of animals.

62. Proof and authentication of certain documents.

PART 11

Animal Tracing Systems

63. Animal tracing systems.

64. Census of animals.

PART 12

Animal Marts

65. Definitions.

66. Prohibition of unlicensed animal marts, etc.

67. Grant of licences for animal marts, etc.

68. Power of Minister to revoke or refuse licence.

69. Appeal against refusal or revocation of licence.

70. Regulations in relation to animal marts.

71. Application (Part 12).

PART 13

Miscellaneous

72. Forgery.

73. Fees.

74. Service agreements.

75. Continuance of certain instruments.

PART 14

Amendment of Certain Enactments

76. Amendment of Animal Remedies Act 1993.

77. Amendment of section 17 of Dog Breeding Establishments Act 2010.

78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Diseases to which Act applies

SCHEDULE 3

Matters in respect of which Animal Health and Welfare Regulations may be made

SCHEDULE 4

Statutory Instruments considered to be Animal Health and Welfare Regulations


Acts Referred to

Agricultural and Fishery Products (Regulation of Export) Act 1947

1947, No. 18

Agricultural Products (Regulation of Import) Act 1938

1938, No. 14

Agriculture Appeals Act 2001

2001, No. 29

Air Navigation and Transport (Amendment) Act 1998

1998, No. 24

Animal Remedies Act 1993

1993, No. 23

Arbitration Act 2010

2010, No. 1

Bee Pest Prevention (Ireland) Act 1908

8 Edw. 7, c.34

Bovine Diseases (Levies) (Amendment) Act 1996

1996, No. 5

Bovine Diseases (Levies) Act 1979

1979, No. 26

Broadcasting Act 2009

2009, No. 18

Captive Birds Shooting (Prohibition) Act 1921

11 & 12 Geo. 5, c.13

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Clean Wool Act 1947

1947, No. 27

Companies Act 1963

1963, No. 33

Companies Acts

Control of Bulls for Breeding Act 1985

1985, No. 13

Control of Dogs Act 1986

1986, No. 32

Control of Dogs Acts 1986 to 2010

Control of Horses Act 1996

1996, No. 37

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 2006

2006, No. 26

Customs Acts

Data Protection Acts 1988 and 2003

Diseases of Animals (Amendment) Act 2001

2001, No. 3

Diseases of Animals Act 1966

1966, No. 6

Dog Breeding Establishments Act 2010

2010, No. 29

Domestic Violence Act 1996

1996, No. 1

Dublin Police Act 1842

5 & 6 Vict., c.24

Electronic Commerce Act 2000

2000, No. 27

European Communities Act 1972

1972, No. 27

Flax Act 1936

1936, No. 20

Flax Act 1936 (Suspension) Act 1950

1950, No. 9

Garda Síochána Act 2005

2005, No. 20

Importation of Plumage (Prohibition) Act 1921

11 & 12 Geo. 5, c.16

Industrial and Provident Societies Act 1893

56 & 57 Vict., c.39

Irish Medicines Board (Miscellaneous Provisions) Act 2006

2006, No. 3

Irish Medicines Board Act 1995

1995, No. 29

Livestock Marts Act 1967

1967, No. 20

Local Government Act 2001

2001, No. 37

Markets and Fairs (Weighing of Cattle) Act 1887

50 & 51 Vict., c.27

Markets and Fairs (Weighing of Cattle) Act 1891

54 & 55 Vict., c.70

Mental Health Act 2001

2001, No. 25

Musk Rats Act 1933

1933, No. 16

National Beef Assurance Scheme Act 2000

2000, No. 2

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c.93

Poultry Hatcheries Act 1947

1947, No. 49

Protection of Animals (Amendment) Act 1965

1965, No. 10

Protection of Animals Act 1911

1 & 2 Geo. 5, c.27

Protection of Animals kept for Farming Purposes Act 1984

1984, No. 13

Public Health (Ireland) Act 1878

41 & 42 Vict., c.52

Slaughter of Animals Act 1935

1935, No. 45

Slaughter of Cattle and Sheep (Amendment) Act 1935

1935, No. 37

Slaughter of Cattle and Sheep (Amendment) Act 1936

1936, No. 33

Slaughter of Cattle and Sheep Act 1934

1934, No. 42

Town Police Clauses Act 1847

10 & 11 Vict., c.89

Towns Improvement (Ireland) Act 1854

17 & 18 Vict., c.103

Veterinary Practice Act 2005

2005, No. 22

Veterinary Practice (Amendment) Act 2012

2012, No. 25

Welfare of Greyhounds Act 2011

2011, No. 29

Wool Marketing Act 1968

1968, No. 26

Wool Marketing Act 1984

1984, No. 11

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Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013


AN ACT TO REVISE THE LAW RELATING TO THE HEALTH AND WELFARE OF ANIMALS AND THEIR PROTECTION AND IDENTIFICATION; TO PROVIDE FOR THE REGULATION OF CERTAIN ACTIVITIES RELATING TO ANIMALS; TO PREVENT CRUELTY TO ANIMALS; TO MAKE PROVISION FOR THE LICENSING OF ANIMAL MARTS AND FOR LEVIES FOR THE PURPOSES OF ANIMAL HEALTH AND THE CONTROL OF ANIMAL DISEASES; TO REPEAL VARIOUS ENACTMENTS RELATING TO ANIMALS; TO AMEND THE DOG BREEDING ESTABLISHMENTS ACT 2010, THE ANIMAL REMEDIES ACT 1993 AND THE WELFARE OF GREYHOUNDS ACT 2011 AND TO PROVIDE FOR RELATED MATTERS.

[29th May, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: