Part II Disease

Infection

F128B Deliberate infection: disqualification

1

If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in—

a

any animals, or

b

any animals of a specified kind.

2

The court may suspend the operation of the order—

a

for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification relates;

b

pending an appeal.

3

A person who is disqualified under subsection (1) may from time to time apply to the court which imposed the disqualification to remove it or vary it.

4

On an application under subsection (3) the court may by order—

a

refuse the application,

b

remove the disqualification, or

c

vary the disqualification to apply it only to such animals or kind of animals as it specifies.

5

In considering an application under subsection (3) the court may have regard to—

a

the nature of the offence in respect of which the disqualification was imposed;

b

the character of the applicant;

c

his conduct since the disqualification was imposed.

6

The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts.

7

A further application must not be made before the end of the period of one year starting with the date of the court’s last order.

8

For the purposes of this section keeping or dealing in an animal includes—

a

having custody or control of an animal;

b

being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.