The Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 154 (C. 15)

Animals

The Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012

Made

30th March 2012

Coming into operation

2nd April 2012

The Department of Agriculture and Rural Development(1), makes the following Order in exercise of the powers conferred on it by section 59 of the Welfare of Animals Act (Northern Ireland) 2011(2).

Citation and Interpretation

1.—(1) This Order may be cited as the Welfare of Animals (2011 Act) (Commencement and Transitional Provisions No.2) Order (Northern Ireland) 2012.

(2) In this Order “the Act” means The Welfare of Animals Act (Northern Ireland) 2011.

Appointed Day

2.  The day appointed for the coming into operation of—

(a) the provisions of the Act specified in Schedule 1; and

(b) Section 57(2) of and Schedule 5 to the Act insofar as may relate to the statutory provisions listed in Schedule 2,

is the 2nd day of April 2012.

Repeals

3.  The Welfare of Animals Act (Northern Ireland) 1972(3) is hereby repealed to the extent specified in Schedule 3.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th March 2012.

(L.S.)

Colette McMaster

A senior officer of the Department of Agriculture and Rural Development

Article 2

SCHEDULE 1

Provisions of the Act	Subject matter
Section 5	Prohibited procedures
Section 10	Improvement notices
Section 27	Inspection of farm premises
Section 29	Powers of councils to prosecute offences
Section 45	Inspectors

Article 2

SCHEDULE 2

Short Title	Extent of repeal
The Diseases of Animals (Northern Ireland) Order 1981 (NI 22)	Article 22
The Magistrates’ Courts (Northern Ireland) Order 1981 (NI 26)	In Part 2 of Schedule 6, paragraph 125
The Wildlife (Northern Ireland) Order 1985 (NI 2)	In Schedule 12, paragraph 5
The Food and Environment Protection Act 1985 (c.48)	In section 16, subsection (14)(c)
The Animals (Scientific Procedures) Act 1986 (c.14)	In Schedule 3, paragraph 8
The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6)	Article 13 and 15

Article 3

SCHEDULE 3

Short Title	Extent of repeal
The Welfare of Animals (Northern Ireland) Act 1972 c.7	Section 1 – Prevention of unnecessary pain
	Section 13 – Acts of cruelty
	Section 14 – Offences in relation to operations
	Section 15 - Exceptions to sections 13 and 14
	Section 18 – Docking and nicking of horses
	Section 25 - Penalties
	Section 26 – Power of the court to order destruction of an animal
	Section 27 – Power to disqualify persons convicted of cruelty
	Section 28 – Cost of caring for neglected animals
	Schedule 1 – Operations which may be performed without an anaesthetic

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences certain provisions of the Welfare of Animals (Northern Ireland) Act 2011 and repeals certain provisions of the Welfare of Animals Act (Northern Ireland) 1972.

This Order specifically commences certain repeals contained in Schedule 5 of the Welfare of Animals Act (Northern Ireland) 2011. These repeals are consequential upon the commencement of the earlier repeal of provisions in the Welfare of Animals Act (Northern Ireland) 1972 and their replacement by provisions of the Welfare of Animals Act (Northern Ireland) 2011.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Welfare of Animals (Northern Ireland) 2011 have been brought into operation by a commencement order made before the date of this Order

Provision	Date of Commencement	S.R. No.
Section 1	11th July 2011	2011 No. 245 (c.17)
Section 2	11th July 2011	2011 No. 245 (c.17)
Section 3	11th July 2011	2011 No. 245 (c.17)
Section 4	11th July 2011	2011 No. 245 (c.17)
Section 5(5)(a)(iv) and (6)	11th July 2011	2011 No. 245 (c.17)
Section 6(16) and (17)	11th July 2011	2011 No. 245 (c.17)
Section 7	11th July 2011	2011 No. 245 (c.17)
Section 8	11th July 2011	2011 No. 245 (c.17)
Section 9	11th July 2011	2011 No. 245 (c.17)
Section 11	11th July 2011	2011 No. 245 (c.17)
Section 12	11th July 2011	2011 No. 245 (c.17)
Section 13	11th July 2011	2011 No. 245 (c.17)
Section 14	11th July 2011	2011 No. 245 (c.17)
Section 15	11th July 2011	2011 No. 245 (c.17)
Section 16	11th July 2011	2011 No. 245 (c.17)
Section 17	11th July 2011	2011 No. 245 (c.17)
Section 18	11th July 2011	2011 No. 245 (c.17)
Section 19	11th July 2011	2011 No. 245 (c.17)
Section 20	11th July 2011	2011 No. 245 (c.17)
Section 21	11th July 2011	2011 No. 245 (c.17)
Section 22	11th July 2011	2011 No. 245 (c.17)
Section 23	11th July 2011	2011 No. 245 (c.17)
Section 24	11th July 2011	2011 No. 245 (c.17)
Section 25	11th July 2011	2011 No. 245 (c.17)
Section 26	11th July 2011	2011 No. 245 (c.17)
Section 28	11th July 2011	2011 No. 245 (c.17)
Section 30	11th July 2011	2011 No. 245 (c.17)
Section 31	11th July 2011	2011 No. 245 (c.17)
Section 32	11th July 2011	2011 No. 245 (c.17)
Section 33	11th July 2011	2011 No. 245 (c.17)
Section 34	11th July 2011	2011 No. 245 (c.17)
Section 35	11th July 2011	2011 No. 245 (c.17)
Section 36	11th July 2011	2011 No. 245 (c.17)
Section 37	11th July 2011	2011 No. 245 (c.17)
Section 38	11th July 2011	2011 No. 245 (c.17)
Section 39	11th July 2011	2011 No. 245 (c.17)
Section 40	11th July 2011	2011 No. 245 (c.17)
Section 41	11th July 2011	2011 No. 245 (c.17)
Section 42	11th July 2011	2011 No. 245 (c.17)
Section 43	11th July 2011	2011 No. 245 (c.17)
Section 44	11th July 2011	2011 No. 245 (c.17)
Section 46	11th July 2011	2011 No. 245 (c.17)
Section 47	11th July 2011	2011 No. 245 (c.17)
Section 48	11th July 2011	2011 No. 245 (c.17)
Section 49	11th July 2011	2011 No. 245 (c.17)
Section 50	11th July 2011	2011 No. 245 (c.17)
Section 51	11th July 2011	2011 No. 245 (c.17)
Section 52	11th July 2011	2011 No. 245 (c.17)
Section 53	11th July 2011	2011 No. 245 (c.17)
Section 54	11th July 2011	2011 No. 245 (c.17)
Section 55	11th July 2011	2011 No. 245 (c.17)
Section 57	11th July 2011	2011 No. 245 (c.17)
Section 58	11th July 2011	2011 No. 245 (c.17)
Schedule 2	11th July 2011	2011 No. 245 (c.17)
Schedule 3	11th July 2011	2011 No. 245 (c.17)
Schedule 4	11th July 2011	2011 No. 245 (c.17)
Schedule 5	11th July 2011	2011 No. 245 (c.17)
The entries in Schedule 5 relating to the Welfare of Animals Act (Northern Ireland) 1972 are repealed to the extent specified in Schedule 2 of this Order

(1)

Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I. 1)) Article 3(4)

(2)

2011 c.16

(3)

1972 c.7