Welfare of Greyhounds Act 2011

20.

Welfare notice.

20.— (1) Where a welfare officer is of the opinion that—

(a) in relation to a greyhound breeding establishment there has been a contravention of this Act or a condition attaching to the registration of a greyhound breeding establishment in the register,

(b) that a greyhound breeding establishment or other premises where a greyhound is kept, traded, bred, reared, trained, raced or coursed is being maintained in a manner that poses or is likely to pose a threat to the health or welfare of a greyhound,

(c) that a vehicle, vessel, container or equipment used in connection with the transport of a greyhound is being maintained in a manner that poses or is likely to pose a threat to the health or welfare of a greyhound,

(d) a contravention of this Act or regulations under this Act, may have taken place or may be taking place, or

(e) the conditions under which a greyhound is kept, traded, transported, bred, reared, trained, raced or coursed, may give rise to unnecessary pain, suffering or other risk to the health or welfare of the greyhound,

the welfare officer may serve a notice (“welfare notice”) on the—

(i) operator of the establishment,

(ii) person in control of the greyhound,

(iii) person in control of a premises where a greyhound is being traded, bred, reared, trained, raced or coursed, or

(iv) person in control of a vehicle, vessel, container or equipment used in connection with the transport of a greyhound.

(2) A welfare notice shall—

(a) state the grounds for the welfare officer being of the opinion referred to in subsection (1),

(b) require the operator of the establishment or premises or person concerned to take such measures as are specified in the notice to cease the contravention or avoid or prevent the threat concerned or the risk to the health or welfare of the greyhound,

(c) specify the period within which those measures shall be taken,

(d) inform the operator of the establishment or premises or person concerned that he or she may appeal the welfare notice to the District Court under section 21,

(e) in the case of a greyhound breeding establishment registered in the register, state that if the measures concerned are not taken within the period so specified an application may be made to the District Court to have the greyhound breeding establishment removed from the register, and

(f) state that if the operator of the establishment or premises or person concerned fails to comply with a welfare notice, he or she commits an offence and is liable to a penalty set out in section 26(2).

(3) A welfare notice may—

(a) where the officer is satisfied that the requirements of section 11 are not being complied with, require, on the advice of a veterinary practitioner, that the greyhound bitch concerned is neutered or not used for breeding purposes as specified in the notice,

(b) require that an ill or injured greyhound be cared for in such manner as is specified in the notice,

(c) require, on the advice of a veterinary practitioner, that the greyhound be disposed of or destroyed in a manner and at the place specified (if any) in the notice,

(d) require that veterinary advice or treatment or other specialist advice or treatment be obtained or given in relation to a greyhound,

(e) require that a greyhound be provided with such food and drink at such intervals and in such quantity as may be specified,

(f) require that no more than a specified number (including zero) of greyhounds or greyhounds of a particular class or description be kept on a premises,

(g) prohibit the transport or the further transport of a greyhound or prohibit such transport or further transport other than in accordance with such conditions as may be specified in the notice,

(h) require that alterations or additions be made to the accommodation, means of transport, machinery or equipment used in respect of a greyhound and, if considered appropriate, require that alternative suitable accommodation for the greyhound be provided pending the alterations or additions,

(i) require a person to secure, isolate or segregate a greyhound in a manner specified in the notice, or

(j) require a person to clean and disinfect a vehicle, vessel, premises or container or part of the vehicle, vessel, premises or container used in connection with a greyhound.

(4) A welfare officer may withdraw or vary a welfare notice.

(5) A person who, without reasonable excuse, fails to comply with a welfare notice commits an offence.