Animal Health and Welfare Act 2013

F15 [ Costs of detention of seized animal

38A

38A. (1) Where an animal is seized and detained under section 38(4)(v) , the Minister or local authority in whose custody the animal is detained may make reasonable charges in respect of the costs of seizing the animal and of keeping the animal during its detention, of

( a ) the occupier or person in charge of the land or premises on which the animal was found,

( b ) the person in possession or control of the animal at the time it was seized,

( c ) the owner of the animal, or

any or all of them.

(2) A charge under subsection (1) shall include provision for expenses associated with transporting, sheltering and sustaining the animal, veterinary and other care and overheads incurred.

(3) The Minister or local authority in whose custody an animal is detained may dispose of the animal if a person mentioned in subsection (1) fails to discharge a sum charged on him or her within 14 days of the placing of a notice on or near the land or premises from which the animal was detained or where representations received under subsection (5)(a) are unsuccessful, upon the person being informed of the decision.

(4) The costs (including ancillary costs) of detaining an animal seized under section 38(4)(v) may be recovered by the Minister or local authority in whose custody the animal is detained from a person mentioned in subsection (1)

( a ) as a simple contract debt in a court of competent jurisdiction, or

( b ) by deducting the sum from any moneys due, or becoming due, and payable by the Minister or local authority to a person mentioned in subsection (1) .

(5) Where the Minister or local authority in whose custody an animal is detained proposes to recover a charge under this section, the Minister or local authority, as the case may be, shall

( a ) place or cause a notice to be placed on or near the land or premises from which the animal was seized and detained stating the sum due, the reason the sum is due and that a person mentioned in subsection (1) may make representations relating to the proposal not later than 14 days from the date of the notice and specified in the notice,

( b ) consider any representations made, and

( c ) make a decision and inform the person making the representations of the decision and the reasons for the decision. ]

Annotations:

Amendments:

F15

Inserted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 63, commenced on enactment.

Editorial Notes:

E70

The section heading is taken from the amending section in the absence of one included in the amendment.