Animal Health and Welfare Act 2013

58.

Disqualification.

58.—(1) On conviction for an offence under this Act, except in respect of an offence under section 18(5) , 36(4)(a) , 51(4) or 64(4) or referred to in section 52(1) which is a first offence under any of those provisions committed within the previous 3 years, the court may order that the person convicted of the offence may, in addition to the penalty imposed, by order of the court (“disqualification order”)—

( a) be disqualified from owning, having any interest in, keeping, dealing in or having charge or control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed, and

( b) be disqualified from working with animals or having charge or control of the slaughter, manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale or supply of an animal, animal product or animal feed or of any class or classes of animal, animal product or animal feed,

for a period, including, where appropriate, for the life of the person, as the court considers appropriate.

(2) If any time after the expiration of 3 months from the date of a disqualification order or such further period as the court may determine, the person in respect of whom the order is made may apply to the court on notice for an order to vary or discharge the original order and the court may vary or discharge the order if satisfied that there is good reason to do so.

(3) If an application under subsection (2) is refused, a further application shall not be made within 3 months of the date of that refusal.

(4) A disqualification order may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.

(5) A person shall not own, or purport to own, have any interest in, keep, deal in or have control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed with the purpose of evading a disqualification order.

(6) Where the prosecutor has reasonable grounds to believe that—

( a) a person to whom a disqualification order relates, or

( b) another person,

is evading, or attempting to evade a disqualification order, or is conspiring in such evasion, he or she may, on notice, apply to the court for such directions as it may consider appropriate to give for the purpose of preventing such evasion.

(7) Where a person is subject to a disqualification order, an approval, authorisation, licence, permit or registration held by the person to whom the order relates under any other enactment or act adopted by an institution of the European Union relating to an animal, animal product or animal feed or class or classes of animal, animal product or animal feed to which the order relates, is suspended for the period the order is in force.

(8) A person who breaches a disqualification order or contravenes subsection (5) commits an offence.

(9) A disqualification order takes effect, except by leave of the court, upon its making.