Animal Health and Welfare Act 2013

60.

Forfeiture of animal.

60.—(1) On conviction for an offence under F24 [ section 36 (4)(b) ] or referred to in section 52(2) the court may on application to it order the forfeiture to the prosecutor of any animal to which the offence relates and which is owned by the person convicted or, where the court is satisfied that the owner is unknown or cannot be found, where it considers it appropriate having regard to the welfare and interests of the animal and the fitness of the person convicted to own or have possession or control of an animal.

(2) Whenever an order is made under this section, an authorised officer, may for the purpose of giving it effect—

( a) seize and detain the animal, and

( b) do such other things as are authorised by the order or are necessary for the purpose aforesaid.

(3) A prosecutor referred to in subsection (1) may deal with, sell or dispose of (including its destruction) any animal so forfeited as he or she sees fit.

(4) A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person affected of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.

(5) Where the court makes an order under this section, it may order the person convicted to reimburse the expenses incurred in carrying out the order.

(6) An order under this section takes effect, except by leave of the court, upon its making.

Annotations

Amendments:

F24

Substituted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 66 item 15, commenced on enactment.