Dangerous Wild Animals (Northern Ireland) Order 2004
2004 No. 1993
Commentary on the Provisions of the Draft Order
Article 5: Inspection by the Department
This Article provides a comprehensive set of powers of entry and inspection. Such powers are considered necessary to ensure that DWAs are not being kept illegally and that those that are held under licence are being kept in secure, safe and suitable accommodation, and therefore assist in securing the overall objectives of the Order.
Paragraphs (1) & (2) enable the Department to authorise, in writing, a suitably competent person to exercise, on its behalf, powers of entry and inspection to relevant premises in order to gather information necessary to assist the Department appraise an application for a licence.
Paragraph (3) empowers the Department to recover the costs of the inspection carried out under paragraphs (1) and (2) from the person who applied for the licence
Paragraphs (4) and (5) enable the Department to authorise, in writing, a suitably competent person to exercise, on its behalf, powers of entry and inspection to any premises where animals are kept under the authority of a licence, in order to ascertain whether or not the conditions of the licence should be varied, or if the conditions of a licence are being complied with.
Persons authorised to perform inspections under the provisions of paragraphs (1) and (4) may enter and inspect any premises and any animal or anything else found there, at all reasonable times. Such persons are required to produce evidence of their authority, if required to do so.
Paragraph (6) enables the Department to recover from a licence-holder the costs of an inspection of any premises, which has been authorised under paragraph (4).
Paragraphs (7) to (11) enable the Department to authorise, in writing, a suitably competent person to exercise, on its behalf, powers of entry and inspection to any premises, where it has reasonable grounds to suspect that a DWA is being kept without a licence, in order to confirm if any offence against the Order is being committed. Such inspections must only be carried out under the authority of a warrant issued by a Justice of the Peace, upon application by the Department. Such a warrant will remain in force until entry and inspection has taken place. Persons authorised to perform inspections under these provisions may enter and inspect any premises and any animal or anything else found there, at all reasonable times. In addition bodily samples can be taken from any animal found there.
Paragraph (12) places a responsibility upon persons undertaking inspections under the provisions of this Article to ensure the premises are no less secure upon leaving than they were when entered. The Department is required to make good or pay compensation to the owner of any premises for any damage caused by authorised persons entering those premises and performing inspections.
Paragraph (13) makes provision for determination by the Lands Tribunal in respect of any dispute arising from the provisions in paragraph (12).
Paragraph (14) makes it an offence for any person to deliberately obstruct an inspection authorised by the Department.
- Previous
- Explanatory Memorandum Table of contents
- Next
