Animal Health and Welfare Act 2013

44.

Seizure and detention for non-compliance with notice.

44.—(1) Without prejudice to an appeal under section 43 , if—

( a) the owner, occupier or person in charge of land or premises, or the owner or person in possession or control of a protected animal, an animal product, animal feed or other thing fails to comply with an animal health and welfare notice within the time specified in the notice,

( b) an authorised officer has reasonable grounds for believing that an animal health and welfare notice, whether or not modified under section 43(5) , will not be complied with, or

( c) an animal health and welfare notice has been confirmed with or without modification under section 43(5) and the notice has not been complied with,

then the authorised officer may seize and detain the animal, animal product or animal feed and any means of transport or other thing used in connection with such.

(2) Where an animal, animal product, animal feed, means of transport or other thing is seized and detained under subsection (1), an authorised officer may—

( a) sell, destroy or dispose of the animal, animal product, animal feed or other thing or cause it to be sold, destroyed or disposed of, or

( b) take such other measures in relation to the animal, animal product, animal feed, means of transport or other thing as the authorised officer considers appropriate, in the circumstances.

(3) The profits, if any, arising out of the sale, destruction or disposal of an animal, animal product, animal feed, means of transport or other thing seized and detained under subsection (1) shall be paid to the owner of the animal, animal product, animal feed or other thing less any expenses (including ancillary expenses) incurred in connection with the seizure, detention, sale, destruction or disposal.

(4) The costs (including ancillary costs) of a measure taken under this section may be recovered by the Minister, the local authority concerned or the person who appointed the authorised officer—

( a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, animal product, animal feed, or means of transport or other thing at the time the measure was carried out, or

( b) by deducting the costs from any moneys due, or becoming due, and payable by the Minister to the person on whom the animal health and welfare notice concerned was served.

(5) Where a local authority, the Minister or a person who appointed an authorised officer proposes to recover the costs of anything done under this section, the authority, Minister or person shall—

( a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice,

( b) consider any representations duly made, and

( c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision.