Control of Horses Act, 1996

PART IV

Miscellaneous Amendments to Other Enactments Relating to Animals

Amendment of section 1 (1) of Protection of Animals Act, 1911 (alteration of penalties) and repeal.

48.—(1) Section 1 of the Protection of Animals Act, 1911 , is hereby amended by the deletion in subsection (1) (as amended by section 20 of the Control of Dogs Act, 1986 ), of all words from “on summary conviction thereof—” to the end of the subsection and the substitution therefor of the following:

“(i) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £10,000, or to imprisonment for a term not exceeding 2 years or to both.”,

and the said subsection as so amended is set out in the Table to this section.

(2) Subsections (2) and (3) of section 20 of the Control of Dogs Act, 1986 , are hereby repealed.

TABLE

(1) If any person—

(a) shall cruelly beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate, or terrify any animal, or shall cause or procure, or, being the owner, permit any animal to be so used, or shall, by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering, or, being the owner, permit any unnecessary suffering to be so caused to any animal; or

(b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such manner or position as to cause that animal any unnecessary suffering; or

(c) shall cause, procure, or assist at the fighting or baiting of any animal; or shall keep, use, manage, or act or assist in the management of, any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or shall permit any premises or place to be so kept, managed, or used, or shall receive, or cause or procure any person to receive, money for the admission of any person to such premises or place; or

(d) shall wilfully, without any reasonable cause or excuse, administer, or cause or procure, or being the owner permit, such administration of, any poisonous or injurious drug or substance to any animal, or shall wilfully, without any reasonable cause or excuse, cause any such substance to be taken by any animal; or

(e) shall subject, or cause or procure, or being the owner permit, to be subjected, any animal to any operation which is performed without due care and humanity; or

(f) being the owner or having charge or control of any animal shall without reasonable cause or excuse abandon it, whether permanently or not, in circumstances likely to cause it unnecessary suffering, or cause or procure or, being the owner, permit it to be so abandoned;

such person shall be guilty of an offence of cruelty within the meaning of this Act and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £10,000, or to imprisonment for a term not exceeding 2 years or to both.