Animal Health and Welfare Act 2013

61.

Person incapable of taking care of animals.

61.—(1) A judge of the District Court, after hearing an application under this section by—

( a) the Minister,

( b) a local authority,

( c) the Health Service Executive,

( d) a member of the Garda Síochána, or

( e) a parent, relative, spouse (all within the meaning of the Mental Health Act 2001) or civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) (other than a spouse or civil partner who is living separately and apart from the person or in respect of whom F25 [ an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act ]) of a person,

or, in proceedings under this Act, on his or her own motion if he or she is satisfied F26 [ that a person is not taking adequate care of an animal, is unfit to keep the animal or that the owner of the animal is unknown or cannot be found, or ] that a person, because of, physical or mental infirmity, addiction to drugs or intoxicants, or a personality disorder is incapable of taking care of an animal or an animal of a particular class or description or is incapable of carrying out a duty under this Act, may order—

(i) that an animal in the possession of the person or of which the person has control be sold or otherwise disposed of,

(ii) that the number of animals generally or of a particular class or description in the person’s possession or under his or her control be reduced to a number (which may be zero) specified in the order,

(iii) that the person refrain from purchasing or having in his or her possession or under his or her control animals generally or animals of a particular class or description,

(iv) that the person refrain from a particular activity in relation to animals,

(v) that food and liquid specified in the order be made available to animals in the possession of the person or of which the person has control,

(vi) that care specified in the order, including veterinary treatment, be made available to animals in the possession of the person or of which the person has control,

(vii) that biosecurity measures specified in the order be put in place in respect of—

(I) land or premises specified in the order, or

(II) animals in the possession of the person or of which the person has control,

(viii) that another person nominated by the judge manage the land or premises owned or occupied by the person and animals located there, or

(ix) any other measure that the judge considers appropriate having regard to the need to protect the health and welfare of the animal, to avoid injury or unnecessary suffering to the animal or to prevent the risk of, or spread of, disease or of a disease agent.

(2) An application under this section may be heard otherwise than in public.

(3) An order under subsection (1) may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.

(4) The costs of complying with an order under subsection (1) shall, unless the court is satisfied that there are special or substantial reasons for not so doing, be paid to the Minister by the person who has possession or control of an animal to which the application relates and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deducting the sum from any monies due, or becoming due, and payable by the Minster to the person.