Animal Welfare (Service Animals) Act (Northern Ireland) 2022

Service animals51A

1

Subsections (2) and (3) apply when it is being determined in connection with section 4(1) whether suffering is unnecessary in a case where the suffering was caused by conduct for the purpose mentioned in section 4(3)(c)(ii).

2

The fact that the conduct was for the purpose mentioned in section 4(3)(c)(ii) is to be disregarded if—

a

the animal was—

i

under the control of a relevant officer at the time of the conduct, and

ii

being used by the officer at the time of the conduct, in the course of the officer’s duties, in a way that was reasonable in all the circumstances, and

b

the conduct was that of someone other than the officer.

3

A relevant officer is—

a

a constable (but see subsection (4)),

b

a person (other than a constable)—

i

employed for the purposes of the police, or

ii

engaged to provide services for the purposes of the police, or

c

a prisoner custody officer as defined in Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994.

4

A reference in this section to a constable excludes a member of the Naval, Military or Royal Air Force Police.

5

The Department of Agriculture, Environment and Rural Affairs may by regulations amend this section so as to alter the meaning of a relevant officer in this section.

6

Only a person in the public service of the Crown may be included within the meaning of a relevant officer in this section by virtue of regulations under this section.