Animal Welfare
(Jersey) Law 2004[1]
A LAW to consolidate and revise the
laws promoting the welfare of animals and the prevention of suffering by
animals, to regulate the keeping and use of animals, and for connected
purposes.
Commencement [see endnotes]
PART 1
Preliminary
1 Interpretation
(1) In
this Law, unless the context requires otherwise –
“animal” means
any amphibian, bird, fish, mammal or reptile;
“captive animal”
means any animal (not being a domestic animal) which is kept by man in a state
of captivity or confinement;
“domestic animal”
means any cat, cattle, dog, goat, horse, pig, poultry or sheep and any other
animal of whatever kind or species which is tame or which has been or is being
sufficiently tamed to serve some purpose for the use of man;
“horse”
includes ass, donkey, mule and hinny;
“inspector”
means a person authorized as such pursuant to Article 22(1):
“land”
includes water;
“Minister”
means the Minister for the Environment;
“operation”
means any operation, with or without the use of instruments, which involves
interference with the sensitive tissues or the bone structure of an animal;
“owner”, in
relation to any land or premises, means the person having the enjoyment
thereof, either as owner or usufructuary owner or in the exercise of rights of
dower, “franc veuvage”, seigniorialty or otherwise and includes the
authorized agent of such person;
“poison” means
any poisonous or noxious substance;
“poultry”
means any domestic fowl, duck, goose, guinea fowl, partridge, peafowl,
pheasant, pigeon, quail or turkey;
“premises”
includes land;
“prescribed”
means prescribed by Order of the Minister;
“protected animal”
has the meaning given in Article 2;
“restricted
procedure” has the meaning given in Article 3;
“sale”
includes barter and exchange;
“States Veterinary
Officer” means a person appointed as such under Article 5 of the Animal
Health (Jersey) Law 2016;
“suffering”
includes mental distress.[2]
(2) In
this Law, a reference to the owner or person having care of an animal includes,
where that person is less than 16 years old, that person’s parent or, if
different, the person having charge of or control over that person.
2 Meaning
of “protected animal”
(1) Subject
to this Article, “protected animal” means any living vertebrate
other than man.
(2) Any
such vertebrate in its foetal, larval or embryonic form is a protected animal
only from the stage of its development when –
(a) in
the case of a bird, mammal or reptile, half the gestation or incubation period
for the relevant species has elapsed; and
(b) in any
other case, it becomes capable of independent feeding.
(3) The
Minister may by Order –
(a) extend
the definition of protected animal so as to include invertebrates of any
description;
(b) alter
the stages of development specified in paragraph (2); and
(c) make
provision in lieu of paragraph (2) as respects any animal which becomes a
protected animal by virtue of an Order under sub-paragraph (a).
(4) For
the purposes of this Article, an animal shall be regarded as continuing to live
until the permanent cessation of circulation or the destruction of its brain.
(5) In
this Article, “vertebrate” means any animal of the Sub-phylum
Vertebrata of the Phylum Chordata and “invertebrate” means any
animal not of that Sub-phylum.
3 Meaning
of “restricted procedure”
(1) Subject
to this Article, “restricted procedure” means any experimental or
other scientific procedure applied to a protected animal which may have the
effect of causing that animal pain, suffering, distress or lasting harm.
(2) An
experimental or other scientific procedure applied to an animal is also a
restricted procedure if –
(a) it is
part of a series or combination of such procedures (whether the same or
different) applied to the same animal;
(b) the
series or combination may have the effect mentioned in paragraph (1); and
(c) the
animal is a protected animal throughout the series or combination or, in the
course of it, attains the stage of its development when it becomes such an
animal.
(3) Anything
done for the purposes of, or liable to result in, the birth or hatching of a
protected animal is also a restricted procedure if it may, as respects that
animal, have the effect mentioned in paragraph (1).
(4) In
determining whether any procedure may have the effect mentioned in paragraph (1),
the use of an anaesthetic or analgesic, decerebration and any other procedure
applied to such an animal, for the purposes of any experimental or other
scientific procedure, shall itself be a restricted procedure.
(5) The
ringing, tagging or marking of an animal, or the application of any other
humane procedure for the sole purpose of enabling an animal to be identified,
is not a restricted procedure if it causes only momentary pain or distress and
no lasting harm.
(6) [3]
(7) Killing
a protected animal is a restricted procedure only if –
(a) it is
killed for experimental or other scientific use;
(b) the
premises or place where it is killed are licensed under Regulations made under
Article 11 as premises or a place where restricted procedures may be
applied; and
(c) the
method employed is specified in those Regulations as not appropriate to the
animal.
(8) In
this Article, references to a scientific procedure do not include references to
any recognized veterinary, agricultural or animal husbandry practice.
PART 2
OFFENCES AGAINST ANIMALS
4 Cruelty
and unnecessary suffering
(1) It
shall be an offence for a person to cruelly beat, kick, cut, impale, burn,
stone, crush, drown, drag, asphyxiate, over-drive, overload, over-ride,
torture, worry, infuriate, terrify, ill-treat or do any like act to any animal.
(2) It
shall be an offence for a person, without reasonable cause or excuse, to do or
omit to do any act so as to cause unnecessary suffering to a domestic animal or
captive animal.
(3) It
shall be an offence for a person to convey or carry any domestic animal or
captive animal in such manner or position as to cause the animal unnecessary
suffering.
(4) It
shall be an offence for a person to tether any domestic animal or captive
animal under such conditions or in such manner as to cause the animal
unnecessary suffering.
(5) If,
on the trial of the owner or a person having care of a domestic animal or
captive animal charged with an offence under paragraph (2), (3) or (4) in
respect of that animal, the court or jury, as the case may be, is of the
opinion that the accused is not guilty of that offence but is guilty of an
offence under Article 5 then, without prejudice to any other powers of the
court, the accused may be found guilty of an offence under Article 5.
5 Neglect
and abandonment
(1) It
shall be an offence for the owner or person having care of a domestic animal or
captive animal, without reasonable cause or excuse –
(a) to
omit to supply the animal with –
(i) fresh drinking
water, and
(ii) a
wholesome diet appropriate to its species, age, weight and behavioural and
physiological needs,
in sufficient quantity
and with sufficient regularity to maintain the animal in good health and
promote a positive state of well-being;
(b) to
omit to provide the animal with suitable shelter sufficient to the maintenance
of its good bodily condition;
(c) to
omit to provide the animal with veterinary care sufficient to maintain the
animal in good health or, where such maintenance is not possible, to prevent
any unnecessary deterioration in the animal’s health or any unnecessary
suffering; or
(d) to
abandon or cause or procure the abandonment of the animal, whether permanently
or not, in circumstances likely to cause it unnecessary suffering.
(2) A
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale.[4]
6 Performance
of operations
(1) It
shall be an offence for a person to subject an animal to an operation which is
performed without due care and humanity.
(2) Without
prejudice to the generality of paragraph (1), an operation performed on an
animal without the use of an anaesthetic so administered as to prevent any pain
during the operation is, for the purposes of that paragraph, an operation
performed without due care and humanity.
(3) Paragraph (2)
shall not apply to the performance of an operation included in the Schedule.
(4) The
Minister may by Order –
(a) amend
the Schedule; and
(b) declare
any substance to be a suitable anaesthetic for the purposes of this Article in
relation to such animals as may be specified in the Order.
7 Use
of poisons
(1) It
shall be an offence for a person to administer to or cause to be taken by an
animal –
(a) any
prohibited poison; or
(b) any
restricted poison, otherwise than in accordance with the restrictions attached
to its use.
(2) It
shall be an offence for a person, without reasonable cause or excuse, to
administer to or cause to be taken by an animal any restricted poison (whether
or not in accordance with the restrictions attached to its use) or any poison
which is neither prohibited nor restricted.
(3) Where
the Minister is satisfied that a poison cannot be used for destroying animals
or animals of any description without causing undue suffering and that other
suitable methods of destroying them exist and would, in certain circumstances,
be adequate the Minister may by Order –
(a) prohibit
the use of that poison; or
(b) restrict
the use of that poison for destroying animals or animals of any description, in
any specified circumstances,
and any reference in this
Article to a prohibited or restricted poison or to the restrictions attached to
the use of a poison shall be construed accordingly.
8 Liability
of owner or person having care of animal
A person who, being the
owner or person having care of an animal, permits any offence under Articles 4
to 7 to be committed in respect of that animal, or unreasonably fails to
prevent the commission or continuation of such an offence, shall also be guilty
of the offence and liable in the same manner as a principal offender to the
penalty provided for that offence.
9 Defences
Articles 4 to 7
shall not apply to –
(a) any
act made lawful by Regulations made under Article 11; or
(b) the
commission or omission of any act in the course of the destruction of any
domestic animal or captive animal as food for mankind, unless the destruction
was accompanied by the infliction of unnecessary suffering.
10 Animal fights and
shooting events
(1) It
shall be an offence for a person to take part or assist in the fighting or
baiting of an animal or to keep, use, manage or act in the management of, any
premises used wholly or partly for the purpose of the fighting or baiting of an
animal, or to receive money for the admission of any person to such premises.
(2) It
shall be an offence for a person to promote, arrange, conduct, assist in,
receive money for or take part in any event whatsoever at which or in the
course of which captive animals are liberated by hand or by any other means
whatsoever for the purpose of being shot immediately after their liberation or
for the owner or occupier of any land, to permit that land to be used for the
purpose of such an event.
11 Prohibition of
restricted procedures
(1) It
shall be an offence for a person to apply a restricted procedure to any animal,
except under the authority of and in accordance with such licence or licences
as may be granted for the purpose under paragraph (2).
(2) The
States may by Regulations establish a scheme for the grant and administration
of licences by the Minister making lawful the application of restricted
procedures to protected animals.
(3) Without
limiting paragraph (2), Regulations may provide for –
(a) the
licensing of individuals to apply certain restricted procedures to certain
animals;
(b) the
licensing of programmes of work which may include the application of certain
restricted procedures to certain animals;
(c) the
licensing of premises or places at which certain restricted procedures may be
applied to certain animals;
(d) the
payment of a fee on an application for and on the grant or renewal of a licence
to be set by Order of the Minister;
(e) the
circumstances in which a licence may or may not be granted;
(f) the
period of validity of any licence and the suspension, renewal and revocation of
licences;
(g) the
empowering of persons authorized by the Minister to enter and carry out
inspections of premises, places and facilities at which any restricted
procedure is applied to an animal and to carry out tests on such animals;
(h) the
recovery of expenses incurred by the Minister in obtaining inspections, tests
and reports for the purpose of determining an application for a licence or for
the purpose of monitoring the application of restricted procedures to animals
under authority of a licence and arrangements for the keeping of such animals;
and
(i) a
right of review of or appeal against any decision of the Minister to refuse to
grant or renew a licence, to attach conditions to a licence or vary such
conditions or to suspend or revoke a licence.[5]
(4) The
scheme may include provision –
(a) specifying
the conditions to be attached to a licence and conferring a discretion on the
Minister to attach other conditions to a licence;
(b) for
the variation of conditions attached to a licence;
(c) requiring
holders of licences to make returns of information to the Minister.[6]
(5) [7]
(6) The
conditions that shall or may be attached to a licence may include provisions
regulating the further use or disposal of an animal to which a restricted
procedure has been applied.
12 General penalty
for offences under Part 2
A person guilty of an
offence under this Part, other than an offence under Article 5, shall be
liable to imprisonment for a term of 12 months and a fine of level 3 on the
standard scale.[8]
PART 3
LICENSING
13 Interpretation of
Part 3
In this Part,
“licence” means a licence granted under Article 18 and
“licensee” shall be construed accordingly.
14 Businesses and
use of animals
(1) It
shall be an offence for a person, in the course of carrying on a business, to
undertake any one or more of the activities described in paragraph (2)
otherwise than with the authority of and in accordance with a licence.
(2) The
activities are –
(a) the
keeping of 5 or more female cats, dogs, guinea pigs, horses or rabbits at any
premises (including a private dwelling) for the purpose of breeding for sale,
whether by the person commencing or carrying on the business or any other
person;
(b) the
provision, for reward, of accommodation for other people’s dogs or cats
at any premises (excluding a private dwelling, unless the dogs or cats are
accommodated only in any yard, garden, garage, outhouse or other appurtenance
forming part of the dwelling);
(c) the
grooming, for reward, of other people’s animals at any premises
(including a private dwelling), whether or not the animals are kept at those
premises;
(d) the
sale, from premises other than a private dwelling, of animals wholly or mainly
for domestic purposes or the keeping of animals, at premises other than a
private dwelling, with a view to such sale, whether by the person carrying on
the business or any other person;
(e) the
keeping or use of any animal wholly or mainly for the purpose of performing
tricks or manoeuvres for reward for the entertainment of the public;
(f) the
keeping of animals wholly or mainly for the purpose of exhibition to the public
at any premises to which members of the public have access, with or without
charge for admission, on 7 days or more in any period of 12 consecutive months.
(3) A
person guilty of an offence under paragraph (1) shall be liable to a fine
of level 3 on the standard scale.[9]
(4) The
States may by Regulations amend paragraph (2).
15 Animal
sanctuaries
(1) It
shall be an offence for a person to establish or keep an animal sanctuary,
except under the authority of a licence.
(2) For
the purposes of paragraph (1), a person establishes or keeps an animal
sanctuary if that person regularly receives into his or her care –
(a) domestic
animals or captive animals which are or appear to be unwanted or to have been
lost or abandoned by their owner or which can no longer be kept by their owner;
or
(b) any
other animals,
for the purpose of their
temporary or permanent accommodation at any premises (including a private
dwelling), whether with or without the provision of any treatment.
(3) A
person guilty of an offence under paragraph (1) shall be liable to a fine
of level 3 on the standard scale.[10]
16 Exemptions
(1) Article 14(1)
shall not apply to a person commencing or carrying on a business of a
description or class that has been exempted by Order of the Minister.
(2) Article 15(1)
shall not apply to a person establishing or keeping an animal sanctuary of a
description or class that has been exempted by Order of the Minister.
17 Application for
licence
(1) An
application for a licence shall be –
(a) made
to the Minister;
(b) in
such form and contain such information as the Minister may require; and
(c) accompanied
by such further information as the Minister may require and such fee as may be
prescribed.
(2) An
applicant shall give notice of the application to such persons, in such manner
and at such times, as the Minister may require.
(3) A
person shall not be capable of applying for a licence if that person is
disqualified under Article 30 or any other enactment for keeping an animal
or for holding any licence mentioned in that Article.
18 Grant of licence
(1) The
Minister may grant a licence to authorize –
(a) the
undertaking, in the course of carrying on a business, of any of the activities
described in Article 14(2); or
(b) the establishment
or keeping of an animal sanctuary, within the meaning of Article 15.
(2) A
licence may be granted for a specified period of time and subject to
conditions, including, but not by way of limitation, conditions restricting the
licensed activity to any specified animal, to specified numbers and
descriptions of animals and to specified premises.
19 Amendment or
addition of condition of licence
(1) The
Minister may, on his or her own initiative, or on the application of the
licensee, amend or revoke a condition of a licence or add a condition to a
licence.
(2) Before
amending or adding a condition on his or her own initiative, the Minister shall
give the licensee notice of the proposal and the reasons for it.
(3) If,
within the period of 28 days beginning with the day on which the Minister
gives notice of the proposal, the licensee gives notice to the Minister that he
or she wishes to make representations about the proposal, the Minister shall,
before amending or adding any condition, give the licensee the opportunity to
make representations.
(4) The
amendment or addition of a condition shall not take effect in any case before
the Minister has given the licensee notice of it.
(5) Where
the Minister has made the amendment or addition on his or her own initiative,
the Minister shall allow the licensee a reasonable time to comply with it.
20 Revocation and
suspension of licence
(1) Where
the Minister proposes to revoke a licence, the Minister shall give notice of
the proposal and the reasons for it to the licensee.
(2) If,
within the period of 28 days beginning with the day on which the Minister
gives notice of the proposal, the licensee gives notice to the Minister that he
or she wishes to make representations about the proposal, the Minister shall,
before revoking the licence, give the licensee the opportunity to make
representations.
(3) Notwithstanding
paragraphs (1) and (2), the Minister may –
(a) suspend
a licence with immediate effect where it appears to the Minister that animals
kept or used by the licensee under the licence are suffering or that, without
such suspension, there is a serious risk that such animals would suffer; and
(b) give
such directions as may be necessary to ensure the welfare of those animals
during the period of suspension.
21 Appeals
(1) The
following persons shall have a right of appeal to the Royal Court under this
Law –
(a) an
applicant for a licence, against a refusal by the Minister to grant a licence,
or a refusal by the Minister to grant a licence for a particular activity or
for a particular period of time;
(b) an
applicant for a licence, against any condition imposed by the Minister on the
grant of his or her licence;
(c) a
licensee, against a refusal of the Minister to amend or revoke a condition of
his or her licence on the licensee’s application;
(d) a
licensee, against the amendment or imposition of a condition of his or her
licence by the Minister on his or her own initiative;
(e) a
licensee, against the revocation of his or her licence by the Minister;
(f) a
licensee, against the suspension of his or her licence.
(2) An
appeal shall be brought within 21 days after the appellant is served by
the Minister with a written copy of the decision to which the appeal relates,
or within such further time as the Royal Court may allow.
(3) The
lodging of an appeal shall not operate to stay the effect of the decision of
the Minister, pending the determination of the appeal, unless the Court so
orders.
22 Inspections
(1) The
Minister may authorize, in writing, any veterinary surgeon or other person
appearing to the Minister to have suitable experience relating to animal
welfare to be an inspector for the purposes of this Law.
(2) [11]
(3) An
inspector may, on producing his or her authority if so required –
(a) enter
premises to which an application for a licence relates and inspect the premises
and any equipment and animals to which the application relates, for the purpose
of reporting to the Minister upon the application; and
(b) enter
premises to which a licence relates –
(i) pursuant to any
condition of the licence for the inspection of the premises and any equipment
and animals to which the licence relates, or
(ii) for
the purpose of reporting to the Minister upon any proposed
variation, suspension or revocation of the licence.
(4) Where
the licence or application for a licence relates to a dwelling, the inspector
may enter and inspect only so much of the dwelling as is used for or in
connection with the activity licensed or to be licensed.
(4A) An inspector shall not discharge any function
or exercise any power under this Law on or in relation to premises to which an
application for a licence, or a licence, relates if the application is for a
licence to authorize, or the licence authorizes, any activity described in
Article 14(2) or 15 which is also undertaken by the inspector personally,
by the inspector’s employer or by a person of whom the inspector is an
office holder.[12]
(5) The
powers conferred by this Article may be exercised at any reasonable time or, in
an emergency, at any time.
23 Recovery of
inspection costs
(1) The
Minister may require an applicant for a licence or a licensee to pay the
reasonable costs of the exercise of any power under Article 22 in respect
of the application or licence.
(2) Any
amount that the Minister may require to be paid under this Article may be
recovered by the Minister in any court of competent jurisdiction as a civil
debt.
(3) The
Minister may refuse to consider an application further until any fee
required to accompany the application and any amount owing under this Article in
respect of the application are paid.
24 Offence of
failing to comply with licence
(1) A
licensee shall be guilty of an offence if –
(a) any
condition of his or her licence is contravened or not complied with; and
(b) the
licensee did not take all reasonable precautions and exercise due diligence to
avoid such contravention or non-compliance.
(2) A
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale.[13]
25 Offence of
providing false information in connection with licence
A person who, in or in
connection with an application for any licence, makes any material statement or
provides any material information that the person does not believe to be true
shall be guilty of an offence and liable to a fine of level 3 on the standard
scale.[14]
PART 4
ENFORCEMENT AND FURTHER
OFFENCES
26 Entry by warrant
where offence suspected
(1) If
it appears to the Bailiff or a Jurat on information on oath laid by a police
officer, the States Veterinary Officer or an inspector that there are
reasonable grounds for believing that an offence under this Law has been or is
being committed against or in respect of any animal, the Bailiff or a Jurat may
issue a warrant in accordance with paragraphs (2) to (4).[15]
(2) Where
a police officer applies for a warrant, the warrant –
(a) may
be executed by any police officer; and
(b) shall
require the police officer to be accompanied by the States Veterinary Officer
or an inspector.[16]
(3) Where
the States Veterinary Officer or an inspector applies for a warrant, the
warrant shall require the States Veterinary Officer or inspector to be
accompanied by a police officer[17].
(4) A
warrant shall authorize –
(a) a
police officer and the States Veterinary Officer or an inspector to enter, at
any time and by force if necessary, any premises where the offence appears to
be taking or to have taken place;
(b) the States
Veterinary Officer or an inspector to examine and test any animal found on the
premises; and
(c) a
police officer and the States Veterinary Officer or an inspector to examine and
test any place where the animal is kept.[18]
(5) If
the States Veterinary Officer or an inspector, whilst on premises which that
person has entered under the authority of a warrant issued under paragraph (1),
is satisfied that suffering is being or is likely to be caused to any animal by
reason of any act, omission or neglect, the States Veterinary Officer or
inspector may personally take, or require the owner or person having or
appearing to have care of the animal to take, such steps as he or she considers
necessary to prevent or mitigate the suffering of that animal.[19]
(6) A
person who wilfully fails to comply with a requirement to take steps under
paragraph (5) shall be guilty of an offence and liable to a fine of level
3 on the standard scale.
27 General power of
seizure
The States Veterinary
Officer or an inspector who finds in any public place, or on premises which
that person has entered under the authority of a warrant issued under Article 26,
any animal against or in respect of which that person has reasonable cause to
believe that an offence under this Law has been or is being committed, may
seize the animal and remove it to a place of safe custody and there hold it
until any proceedings brought in respect of the offence are completed or the
court, during the course of such proceedings, orders otherwise or it is decided
that no such proceedings shall be brought.[20]
28 Recovery of
expenses incurred under Article 26 or 27
Any expenses reasonably
incurred under Article 26(2) or Article 27 by the States Veterinary
Officer or an inspector, including in any case the cost of any veterinary treatment
reasonably required in respect of any animal, shall be recoverable –
(a) from
the owner or person having or appearing to have care of the animal, as a civil
debt; or
(b) if
a person is convicted of an offence under this Law against or in respect of
that animal, from that person, as costs of the prosecution.[21]
29 Powers of court
after charge
(1) This
Article applies where the owner of animals kept by the owner for the purposes
of a business has been charged with an offence under Part 2 in respect of those
animals and the proceedings in respect of the offence have not yet been
completed.
(2) If,
on the application of the Attorney General, it appears to the court from
evidence given by a veterinary surgeon that it is necessary in the interests of
the welfare of the animals in question for the Attorney General to do one or
more of the things mentioned in paragraph (3), the court may make an order
authorizing the Attorney General to do so.
(3) Those
things are –
(a) taking
charge of the animals and caring for them or causing or procuring them to be
cared for on the premises on which they are kept or at some other place;
(b) selling
the animals at a fair price;
(c) disposing
of the animals otherwise than by way of sale;
(d) causing
the animals to be slaughtered.
(4) In
determining what to authorize by order, the court shall have regard to all the
circumstances, including the desirability of protecting the owner’s
interest in the value of the animals and avoiding an increase in the
owner’s costs.
(5) An
order under this Article shall cease to have effect on the discontinuance or
other disposal of the proceedings for the offence.
(6) The
fact that an order ceases to have effect shall not affect anything done before
or pursuant to a contract entered into before that occurrence.
(7) Where
the Attorney General –
(a) has
given notice to the court of his or her intention to apply for an order under
this Article; and
(b) is of
the opinion that the animals need to be marked for identification purposes,
a person authorized by the
Attorney General may enter the premises on which the animals are kept and mark
them for those purposes.
(8) Where
an order is made under this Article, a person authorized by the Attorney
General may –
(a) enter
the premises on which the animals are kept for the purpose of exercising the
powers conferred by the order;
(b) mark
the animals (whether by the application of an ear tag or by any other means);
and
(c) in
the case of an order making any provision mentioned in paragraph (3)(a),
make use for that purpose of any equipment on the premises.
(9) Nothing
in paragraphs (7) and (8) authorizes a person to enter a dwelling.
(10) A
person entering premises in the exercise of powers conferred by paragraphs (7)
and (8) must, if so required by the owner or occupier or person in charge of
the premises –
(a) produce
some duly authenticated document showing that he or she is authorized by the
Attorney General to enter the premises; and
(b) state
in writing the reasons for entering the premises.
(11) Where
an order is made under this Article –
(a) the
Attorney General shall be entitled to be reimbursed for any reasonable expenses
the Attorney General has incurred in the exercise of powers conferred by virtue
of the order; and
(b) subject
to sub-paragraph (a), in the case of an order making any provision
mentioned in paragraph (3)(b), (c) or (d), the Attorney General must pay
to the owner the proceeds, if any, of the sale, disposal or slaughter of the
animals.
(12) The
Attorney General may recover as a civil debt from the owner any amount for
which the Attorney General is entitled to be reimbursed under paragraph (11).
(13) Where –
(a) an
order made under this Article makes any provision mentioned in paragraph (3)(b),
(c) or (d); and
(b) the
owner has in his or her possession or under his or her control documents which
are relevant to the condition or value of the animal,
the owner must, as soon as
is practicable and, in any event, within 10 days of the making of the order,
deliver those documents to the Attorney General.
(14) If
the owner, without reasonable excuse, fails to deliver any documents as
required by paragraph (13), the owner shall be guilty of an offence and
liable to a fine of level 3 on the standard scale.
(15) In
this Article, “owner” means the owner against whom the proceedings
were brought.
30 Powers of court
on conviction
(1) On
the conviction of the owner of an animal of an offence under Part 2
against that animal the court, if satisfied that the animal, if left with the
owner, is likely to be exposed to further cruelty or unnecessary suffering, may
order that the owner be deprived of the ownership of the animal and may make
such order as to the disposal of the animal as it thinks fit under the
circumstances.
(2) A
court before which a person is convicted of an offence under Part 2
against an animal may, in addition to any other penalty, order that person to
be disqualified, for such period as it thinks fit, for keeping or otherwise
having care of, in all circumstances or in such circumstances as it may
specify, that animal, such animals of a description or kinds as it may specify
or any animal.
(3) Where
a person is convicted of an offence under this Law the court by or before which
that person is convicted may –
(a) cancel
any licence held by that person under this Law or under the Dogs
(Jersey) Law 1961 or the Dangerous
Wild Animals (Jersey) Law 1999; and
(b) whether
or not that person is the holder of such a licence, disqualify that person for
holding any licence under this Law and under either or both of the
aforementioned Laws for such period as the court thinks fit.
(4) A
court which has ordered the cancellation of a person’s licence or a
person’s disqualification may, if it thinks fit, suspend the operation of
the order pending an appeal.
(5) Where
the owner of an animal is convicted of an offence under this Law against or in
respect of that animal the court may, if satisfied on the evidence of a
veterinary surgeon, that it would be cruel to keep the animal alive, order the
destruction of the animal and, for that purpose, assign the animal to any
suitable person.
(6) A
person to whom an animal is assigned pursuant to paragraph (5) shall, as
soon as practicable, destroy the animal or cause or procure its destruction in
his or her presence, without unnecessary suffering, and dispose of the carcass
as ordered by the court.
(7) Any
expenses reasonably incurred in destroying an animal pursuant to paragraph (5)
shall be payable by the owner and recoverable from the owner as a civil debt.
31 General
provisions as to disqualification
(1) A
court which has ordered the disqualification of a person under Article 30
for keeping an animal or holding a licence may, if it thinks fit, suspend the
operation of the order –
(a) for
such period as it thinks necessary for enabling arrangements to be made for the
custody of any animal to which the disqualification relates; or
(b) pending
an appeal.
(2) A
person who is disqualified for keeping an animal or holding a licence by virtue
of an order made under Article 30 may, at any time after the expiry of
12 months from the date of the order and, subject to paragraph (4),
after that from time to time, apply to the court which made the order to remove
the disqualification.
(3) At
the hearing of an application for removal of disqualification the court may, as
it thinks fit, having regard to the character of the applicant, the
applicant’s conduct since the making of the order, the nature of the
offence of which the applicant was convicted and any other circumstances of the
case –
(a) direct
that, as from the date specified in the direction, the disqualification be
removed or the order be so varied as to apply only to animals or licences, as
the case may be, of a kind specified in the direction; or
(b) refuse
the application.
(4) Where,
on an application for removal of disqualification, the court directs the
variation of the disqualification order or refuses the application, the person
who is disqualified may not make a fresh application for removal within the period
of 6 months after the date of the direction or refusal.
(5) A
person who, in contravention of an order made under Article 30, keeps or
otherwise has care of an animal or obtains any licence, shall be guilty of an
offence and liable to imprisonment for a term of 3 months and to a fine of
level 3 on the standard scale.
32 Offences
connected with animal fights
(1) It
shall be an offence for a person to be present, without reasonable excuse, when
domestic animals or captive animals are placed together for the purpose of
their fighting each other.
(2) It
shall be an offence for a person to publish or cause to be published an
advertisement for a fight between domestic animals or captive animals, knowing
that it is such an advertisement.
(3) A
person guilty of an offence under this Article shall be liable to a fine of
level 3 on the standard scale.
33 Offence of
obstruction
A person who
intentionally and without reasonable excuse obstructs another person exercising
or attempting to exercise any power of entry, inspection, test or seizure
conferred by or under this Law or any power conferred by an order made under
Article 29 shall be guilty of an offence and liable to imprisonment for a
term of 6 months and to a fine of level 3 on the standard scale.[22]
34 Offence committed
by body corporate etc.
(1) Where
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to, any neglect on the part of a person who is a partner
of the partnership, or director, manager, secretary or other similar officer of
the body, or (in either case) any person purporting to act in any such
capacity, the person shall be guilty of the offence and liable in the same manner
as the partnership or body corporate to the penalty provided for that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
35 Offence of aiding
or abetting, etc.
Any person who aids,
abets, causes, counsels or procures the commission of an offence under this Law
shall also be guilty of the offence and liable in the same manner as a
principal offender to the penalty provided for that offence.
PART 5
MISCELLANEOUS AND
SUPPLEMENTAL
36 Welfare codes
(1) The
Minister may issue codes for the purpose of providing guidance on good
practice in the keeping of any animal in any circumstances or for any purpose.
(2) The
Minister shall cause any code issued under paragraph (1) to be printed
and made available to the public free of charge.
(3) A
failure on the part of any person to follow any guidance contained in a code
issued under paragraph (1) shall not of itself render that person liable
to proceedings of any kind.
(4) In
all criminal proceedings, a code issued under paragraph (1) shall be
admissible in evidence, and if any provision of such a code appears to the
court conducting the proceedings to be relevant to any question arising in the
proceedings, it shall be taken into account in determining that question.
37 Power of States Veterinary
Officer to destroy animal
(1) If
the States Veterinary Officer finds or there is brought to the States Veterinary
Officer an animal, not being an animal to which Article 5(2) of the Slaughter
of Animals (Jersey) Law 1962 applies, which is so injured or
sick that, in the States Veterinary Officer’s opinion, it would be cruel
to keep it alive, the States Veterinary Officer shall, if its owner is not known
or is absent or cannot be found within a reasonable time or refuses to consent
to its destruction, forthwith destroy the animal or cause or procure its
destruction and dispose of the carcass or cause or procure its disposal in such
manner as the States Veterinary Officer thinks fit.[23]
(2) The
States Veterinary Officer shall not be subject to any civil or criminal
liability in respect of any action taken under paragraph (1) unless he or
she has acted in bad faith or without reasonable care.[24]
38 Notices
(1) A
notice given under this Law –
(a) shall
be in writing; and
(b) may
be given to the intended recipient –
(i) by delivering it
to the intended recipient,
(ii) by
leaving it at the intended recipient’s proper address,
(iii) by
sending it by post to the intended recipient at that address, or
(iv) by
sending it to the intended recipient at that address by telex, facsimile or
other similar means which produce a document containing the text of the
communication.
(2) A
notice may, in the case of a company incorporated in the Island, be given to
its secretary and, in the case of any other description of institution, be
given to the controller or manager of the institution.
(3) For
the purposes of this Article and Article 12 of the Interpretation
(Jersey) Law 1954, in its application to this Article, the
proper address of any person to whom a notice is to be given shall be the
person’s last known address, except that –
(a) in the
case of a body corporate or its secretary, it shall be the address of the
registered or principal office of that body in the Island; and
(b) in
the case of any other description of institution or a person having control or
management of its business in the Island, it shall be that of the principal
office of the institution in the Island.
(4) If
the person to whom a notice is to be given by the Minister has notified the Minister of an address
within the Island, other than that person’s proper address within the
meaning of paragraph (3), as the one at which that person or someone on
that person’s behalf will accept such notices, that address shall also be
treated for the purposes of this Article and Article 12 of the Interpretation
(Jersey) Law 1954 as that person’s proper address.
39 Orders
The Minister may by Order prescribe anything which shall or may be prescribed
under this Law.
39A Orders to deal
with deficiencies arising from withdrawal of UK from EU[25]
(1) The
Minister may, by Order, make any provision, whether by amendment or otherwise,
that –
(a) may
be made by Regulations under Article 2, 5A or 5B of the European
Union Legislation (Implementation) (Jersey) Law 2014; and
(b) is or
relates to –
(i) the welfare of
animals,
(ii) a
matter for which provision may be made by Order under this Law, or
(iii) an
amendment of this Law or of an Order made under this Law.
(2) No
Order may be made under paragraph (1) after 2020.
40 Citation
This Law may be cited as
the Animal Welfare (Jersey) Law 2004.