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14 | Making of codes of practice: Wales |
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(1) | Where the National Assembly for Wales proposes to issue (or revise) a code of |
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practice under section 12, it shall— |
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(a) | prepare a draft of the code (or revised code), |
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(b) | consult such persons about the draft as it thinks fit, and |
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(c) | consider any representations made by them. |
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(2) | The Assembly may issue (or revise) a code either in the form of the draft |
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prepared under subsection (1)(a) or with such modification as it thinks fit. |
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(3) | A code (or revised code) shall come into force on such day as the Assembly |
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(4) | An order under subsection (3) may include transitional provision or savings. |
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15 | Revocation of codes of practice |
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(1) | The appropriate national authority may by order revoke a code of practice |
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issued by it under section 12. |
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(2) | An order under subsection (1) may include transitional provision or savings. |
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16 | Powers in relation to animals in distress |
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(1) | If an inspector or a constable reasonably believes that a protected animal is |
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suffering, he may take, or arrange for the taking of, such steps as appear to him |
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to be immediately necessary to alleviate the animal’s suffering. |
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(2) | Subsection (1) does not authorise destruction of an animal. |
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(3) | If a veterinary surgeon certifies that the condition of a protected animal is such |
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that it should in its own interests be destroyed, an inspector or a constable |
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(a) | destroy the animal where it is or take it to another place and destroy it |
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(b) | arrange for the doing of any of the things mentioned in paragraph (a). |
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(4) | An inspector or a constable may act under subsection (3) without the certificate |
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of a veterinary surgeon if it appears to him— |
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(a) | that the condition of the animal is such that there is no reasonable |
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alternative to destroying it, and |
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(b) | that the need for action is such that it is not reasonably practicable to |
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wait for a veterinary surgeon. |
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(5) | An inspector or a constable may take a protected animal into possession if a |
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veterinary surgeon certifies— |
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(a) | that it is suffering, or |
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(b) | that it is likely to suffer if its circumstances do not change. |
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(6) | An inspector or a constable may act under subsection (5) without the certificate |
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of a veterinary surgeon if it appears to him— |
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(a) | that the animal is suffering or that it is likely to do so if its circumstances |
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(b) | that the need for action is such that it is not reasonably practicable to |
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wait for a veterinary surgeon. |
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(7) | The power conferred by subsection (5) includes power to take into possession |
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dependent offspring of an animal taken into possession under that subsection. |
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(8) | Where an animal is taken into possession under subsection (5), an inspector or |
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(a) | remove it, or arrange for it to be removed, to a place of safety; |
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(b) | care for it, or arrange for it to be cared for— |
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(i) | on the premises where it was being kept when it was taken into |
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(ii) | at such other place as he thinks fit; |
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(c) | mark it, or arrange for it to be marked, for identification purposes. |
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(9) | A person acting under subsection (8)(b)(i), or under an arrangement under that |
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provision, may make use of any equipment on the premises. |
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(10) | A veterinary surgeon may examine and take samples from an animal for the |
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purpose of determining whether to issue a certificate under subsection (3) or |
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(5) with respect to the animal. |
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(11) | A person commits an offence if he intentionally obstructs a person in the |
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exercise of power conferred by this section. |
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(12) | A magistrates’ court may, on application by a person who incurs expenses in |
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acting under this section, order that he be reimbursed by such person as it |
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17 | Power of entry for section 16 purposes |
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(1) | An inspector or a constable may enter premises for the purpose of searching for |
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a protected animal and of exercising any power under section 16 in relation to |
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it if he reasonably believes— |
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(a) | that there is a protected animal on the premises, and |
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(b) | that the animal is suffering or, if the circumstances of the animal do not |
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change, it is likely to suffer. |
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(2) | Subsection (1) does not authorise entry to any part of premises which is used |
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(3) | An inspector or a constable may (if necessary) use reasonable force in |
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exercising the power conferred by subsection (1), but only if it appears to him |
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that entry is required before a warrant under subsection (4) can be obtained |
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(4) | Subject to subsection (5), a justice of the peace may, on the application of an |
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inspector or constable, issue a warrant authorising an inspector or a constable |
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to enter premises for the purpose mentioned in subsection (1), if necessary |
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(5) | The power to issue a warrant under subsection (4) is exercisable only if the |
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justice of the peace is satisfied— |
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(a) | that there are reasonable grounds for believing that there is a protected |
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animal on the premises and that the animal is suffering or is likely to |
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suffer if its circumstances do not change, and |
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(b) | that section 47 is satisfied in relation to the premises. |
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18 | Orders in relation to animals taken under section 16(5) |
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(1) | A magistrates’ court may order any of the following in relation to an animal |
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taken into possession under section 16(5)— |
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(a) | that specified treatment be administered to the animal; |
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(b) | that possession of the animal be given up to a specified person; |
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(c) | that the animal be sold; |
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(d) | that the animal be disposed of otherwise than by way of sale; |
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(e) | that the animal be destroyed. |
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(2) | If an animal is taken into possession under section 16(5) when it is pregnant, |
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the power conferred by subsection (1) shall also be exercisable in relation to |
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any offspring that results from the pregnancy. |
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(3) | An order under subsection (1) may be made on application, by way of |
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complaint for an order, by— |
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(a) | the owner of the animal, or |
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(b) | any other person appearing to the court to have a sufficient interest in |
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(4) | A court may not make an order under subsection (1) unless— |
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(a) | it has given the owner of the animal an opportunity to be heard, or |
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(b) | it is satisfied that it is not reasonably practicable to communicate with |
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(5) | Where a court makes an order under subsection (1), it may— |
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(a) | appoint a person to carry out, or arrange for the carrying out, of the |
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(b) | give directions with respect to the carrying out of the order; |
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(c) | confer additional powers (including power to enter premises where the |
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animal is being kept) for the purpose of, or in connection with, the |
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carrying out of the order; |
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(d) | order a person to reimburse expenses incurred in carrying out the |
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(6) | In determining how to exercise its powers under this section, the court shall |
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have regard, amongst other things, to the desirability of protecting the |
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animal’s value and avoiding increasing any costs which a person may be |
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(7) | A person commits an offence if he intentionally obstructs a person in the |
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exercise of any power conferred by virtue of this section. |
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(8) | If the owner of the animal is subject to a liability by virtue of section 16(12) or |
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subsection (5)(d) above, any amount to which he is entitled as a result of sale |
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of the animal may be reduced by an amount equal to that liability. |
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19 | Seizure of animals involved in fighting offences |
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(1) | A constable may seize an animal if it appears to him that the animal has been |
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the subject of, or used in connection with, an offence under section 7. |
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(2) | A constable may enter and search premises for the purpose of exercising the |
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power under subsection (1) if he reasonably believes— |
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(a) | that there is an animal on the premises, and |
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(b) | that the animal is one in relation to which the power under subsection |
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(3) | Subsection (2) does not authorise entry to any part of premises which is used |
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(4) | Subject to subsection (5), a justice of the peace may, on the application of a |
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constable, issue a warrant authorising a constable to enter and search premises, |
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if necessary using reasonable force, for the purpose of exercising the power |
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(5) | The power to issue a warrant under subsection (4) is exercisable only if the |
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justice of the peace is satisfied— |
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(a) | that there are reasonable grounds for believing that there is on the |
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premises an animal which has been the subject of, or used in connection |
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with, an offence under section 7, and |
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(b) | that section 47 is satisfied in relation to the premises. |
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20 | Entry and search under warrant in connection with offences |
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(1) | Subject to subsection (2), a justice of the peace may, on the application of an |
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inspector or constable, issue a warrant authorising an inspector or a constable |
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to enter premises, if necessary using reasonable force, in order to search for |
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evidence of the commission of a relevant offence. |
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(2) | The power to issue a warrant under subsection (1) is exercisable only if the |
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justice of the peace is satisfied— |
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(a) | that there are reasonable grounds for believing— |
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(i) | that a relevant offence has been committed on the premises, or |
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(ii) | that evidence of the commission of a relevant offence is to be |
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found on the premises, and |
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(b) | that section 47 is satisfied in relation to the premises. |
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(3) | In this section, “relevant offence” means an offence under any of sections 4 to |
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21 | Entry for purposes of arrest |
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In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (power |
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of constable to enter and search premises for purpose of arresting a person for |
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offence under specified enactments), at end insert— |
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“(v) | any of sections 4 to 7 of the Animal Welfare Act 2006 |
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(offences relating to the prevention of harm to |
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22 | Inspection of records required to be kept by holder of licence |
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(1) | An inspector may require the holder of a licence to produce for inspection any |
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records which he is required to keep by a condition of the licence. |
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(2) | Where records which a person is so required to keep are stored in electronic |
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form, the power under subsection (1) includes power to require the records to |
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be made available for inspection— |
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(a) | in a visible and legible form, or |
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(b) | in a form from which they can readily be produced in a visible and |
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(3) | An inspector may inspect and take copies of any records produced for |
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inspection in pursuance of a requirement under this section. |
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23 | Inspection in connection with licences |
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(1) | An inspector may carry out an inspection in order to check compliance with— |
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(a) | the conditions subject to which a licence is granted; |
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(b) | provision made by or under this Act which is relevant to the carrying |
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on of an activity to which a licence relates. |
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(2) | An inspector may, for the purpose of carrying out an inspection under |
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(a) | premises specified in a licence as premises on which the carrying on of |
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an activity is authorised; |
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(b) | premises on which he reasonably believes an activity to which a licence |
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relates is being carried on. |
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(3) | Subsection (2) does not authorise entry to any part of premises which is used |
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as a private dwelling unless 24 hours’ notice of the intended entry is given to |
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24 | Inspection in connection with registration |
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(1) | An inspector may carry out an inspection in order to check compliance with |
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provision made by or under this Act which is relevant to the carrying on of an |
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activity to which a registration for the purposes of section 11 relates. |
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(2) | An inspector may, for the purpose of carrying out an inspection under |
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subsection (1), enter premises on which he reasonably believes a person |
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registered for the purposes of section 11 is carrying on an activity to which the |
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(3) | Subsection (2) does not authorise entry to any part of premises which is used |
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as a private dwelling unless 24 hours’ notice of the intended entry is given to |
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25 | Inspection of farm premises |
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(1) | An inspector may carry out an inspection in order to— |
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(a) | check compliance with regulations under section 10 which relate to |
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animals bred or kept for farming purposes; |
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(b) | ascertain whether any offence under or by virtue of this Act has been or |
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is being committed in relation to such animals. |
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(2) | An inspector may enter premises which he reasonably believes to be premises |
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on which animals are bred or kept for farming purposes in order to carry out |
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an inspection under subsection (1). |
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(3) | Subsection (2) does not authorise entry to any part of premises which is used |
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(4) | Subject to subsection (5), a justice of the peace may, on the application of an |
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inspector, issue a warrant authorising an inspector to enter premises, if |
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necessary using reasonable force, in order to carry out an inspection under |
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(5) | The power to issue a warrant under subsection (4) is exercisable only if the |
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justice of the peace is satisfied— |
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(a) | that it is reasonable to carry out an inspection on the premises, and |
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(b) | that section 47 is satisfied in relation to the premises. |
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26 | Inspection relating to Community obligations |
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(1) | An inspector may carry out an inspection in order to check compliance with |
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regulations under section 10 which implement a Community obligation. |
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(2) | An inspector may enter any premises in order to carry out an inspection under |
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(3) | Subsection (2) does not authorise entry to any part of premises which is used |
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27 | Power of local authority to prosecute offences |
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A local authority in England or Wales may prosecute proceedings for any |
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28 | Time limits for prosecutions |
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(1) | Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980 |
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(c. 43), a magistrates’ court may try an information relating to an offence under |
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this Act if the information is laid— |
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(a) | before the end of the period of three years beginning with the date of |
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the commission of the offence, and |
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(b) | before the end of the period of six months beginning with the date on |
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which evidence which the prosecutor thinks is sufficient to justify the |
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proceedings comes to his knowledge. |
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(2) | For the purposes of subsection (1)(b)— |
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(a) | a certificate signed by or on behalf of the prosecutor and stating the |
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date on which such evidence came to his knowledge shall be conclusive |
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evidence of that fact, and |
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(b) | a certificate stating that matter and purporting to be so signed shall be |
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treated as so signed unless the contrary is proved. |
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