Animal Health and Welfare Act 2013

43.

Appeal against animal health and welfare notice.

43.—(1) A person on whom an animal health and welfare notice is served may, not later than 7 days from the date of service of the notice, appeal the notice to the judge of the District Court having jurisdiction in the District Court district—

( a) where a protected animal, animal product, animal feed or other thing relating to an animal, the subject of the notice, is situated, or

( b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to this Act.

(2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the animal health and welfare notice is unreasonable having regard to this Act and shall be served, if the authorised officer who served the animal health and welfare notice—

( a) is appointed by the Minister, is a member of the Garda Síochána or an officer of Customs and Excise, on the Minister,

( b) is appointed by the F18 [ chief executive ] of a local authority, on that local authority, or

( c) is appointed under section 37(3) , on the person who appointed the officer,

at the address included on the notice in accordance with section 42(8) not later than 48 hours prior to the hearing of the appeal.

(3) A person bringing an appeal shall lodge a copy of the notice of appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

(4) An animal health and welfare notice in respect of which an appeal is brought under this section shall have effect pending the making of an order under subsection (5).

(5) On the hearing of an appeal the judge of the District Court may confirm, modify or annul an animal health and welfare notice.

(6) A person, including a person on whom an animal health and welfare notice has been served, shall not—

( a) pending the determination of the appeal of the notice, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the animal health and welfare notice, or

( b) if the notice is confirmed or modified on appeal, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates other than in accordance with the terms of the animal health and welfare notice as confirmed or modified.

(7) A person who fails to comply with subsection (6) commits an offence.

(8) In this section “appeal” means an appeal under subsection (1).

Annotations:

Amendments:

F18

Substituted (1.06.2014) by the Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2, part 6, S.I. No. 214 of 2014.