The Dangerous Wild Animals (Northern Ireland) Order 2004

Provisions supplementary to Article 3 N.I.

4.—(1) Where—

(a) a person is aggrieved by the refusal of the Department to grant a licence; or

(b) the holder of a licence is aggrieved by a condition of the licence (whether specified at the time the licence is granted or later) or by the variation or revocation of any condition of the licence,

he may appeal to a court of summary jurisdiction in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(2) An appeal under paragraph (1) shall be brought within 21 days from the date on which the person wishing to appeal receives notification of the Department's decision to refuse to grant a licence, to specify a condition (whether on the grant of the licence or later) or to vary or revoke a condition, as the case may be.

(3) On an appeal under paragraph (1), the court may confirm, vary or reverse the Department's decision and generally give such directions with respect to the grant of a licence or, as the case may be, with respect to the conditions of the licence as it thinks proper, having regard to the provisions of this Order.

(4) Subject to paragraphs (5) and (6) and to Article 10(2), a licence shall remain in force for a period of 12 months from the date on which it is granted (or for such longer period as the Department may by order prescribe) and shall then expire.

(5) If before a licence expires application is made for a further licence, the licence shall remain in force pending the grant or refusal of the further licence, and if it is granted the further licence shall commence from the date of the expiry of the last licence.

(6) Where the licence holder dies—

(a) the licence shall continue in force for a period of 28 days from the date of death as if it had been granted to the personal representatives of the deceased; and

(b) if application is made for a new licence within that period, the licence shall remain in force pending the grant or refusal of the new licence.

(7) Any person who contravenes Article 3(1) shall be guilty of an offence.

(8) If any condition of a licence is contravened or not complied with, then,—

(a) the licence holder, and

(b) any other person who is entitled to keep any animal under the authority of the licence and who was primarily responsible for the contravention or failure to comply,

shall, subject to paragraph (9), be guilty of an offence.

(9) In any proceedings for an offence under paragraph (8), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.