Protection of Animals Kept For Farming Purposes Act, 1984

Protection of Animals Kept For Farming Purposes Act, 1984 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1984 Protection of Animals Kept For Farming Purposes Act, 1984 Protection of Animals Kept For Farming Purposes Act, 1984 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 13 of 1984 PROTECTION OF ANIMALS KEPT FOR FARMING PURPOSES ACT, 1984 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Application.

Section 3

Care and welfare of animals to which Act applies.

Section 4

Inspection of animals and equipment.

Section 5

Feeding.

Section 6

Intensive units.

Section 7

Records as regards intensive units.

Section 8

Powers of entry, inspection, etc.

Section 9

Offences.

Section 10

Evidence of certain examinations, tests and analyses and of their results.

Section 11

Regulations.

Section 12

Saver.

Section 13

Expenses.

Section 14

Short title.

Acts Referred to Protection of Animals Act, 1911 1911, c. 27 Protection of Animals (Amendment) Act, 1965 1965, No. 10 Wildlife Act, 1976 1976, No. 39 Number 13 of 1984 PROTECTION OF ANIMALS KEPT FOR FARMING PURPOSES ACT, 1984 AN ACT TO EXTEND THE LAW RELATING TO THE PROTECTION OF ANIMALS. [4th July, 1984] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “authorised person” means a person, being an officer of the Minister but not being a veterinary surgeon, who is authorised in writing by the Minister to be an authorised person for the purposes of this Act; “inspector” means a person, being a veterinary surgeon, who is appointed in writing by the Minister to be an inspector for the purposes of this Act; “intensive unit” means a building or structure which is of a type or description which for the time stands specified in regulations under section 6 of this Act, or any other building or structure which is one in which animals are kept under a husbandry system relying, for the purpose of providing for the care of the animals, on automatic equipment to such an extent that a failure of that equipment would, if it were not rectified or if some other suitable provision were not made for the care of the animals, cause the animals unnecessary suffering; “the Minister” means the Minister for Agriculture; “prescribed” means prescribed by regulations made by the Minister; “unnecessary suffering” means, in relation to an animal, pain, distress or suffering that in its kind or degree, or in its object, or in the circumstances in which it occurs, is unreasonable or unnecessary; “veterinary surgeon” means any person lawfully qualified to practise veterinary surgery in the State.

Application.

2.—(1) This Act applies to any animal which— (a) is of a species which for the time being stands specified in a declaration under this section, or (b) is bred or kept for the production of food, wool, skin, fur or feathers or for use in, or for the purposes of, the farming of land or of animal husbandry.

Care and welfare of animals to which Act applies.

3.—(1) The Minister may by regulations make such provision as regards the care and welfare of animals to which this Act applies as he thinks fit, and without prejudice to the generality of the foregoing regulations under this section may in particular include— (a) provisions for ensuring the provision for such animals of a proper supply of food and water; (b) for the purpose of ensuring that, having regard to their physiological and ethological needs, there is as regards such animals adequate space for their free movement or other needs, provisions specifying the housing space to be provided in relation to them; (c) provisions with respect to the dimensions and layout of housing for such animals, the materials to be used in constructing any such housing and the facilities by way of lighting, heating, cooling, ventilation, regulating the level of humidity, air circulation, drainage, water supply or otherwise to be provided in connection with any such housing.

Inspection of animals and equipment.

4.—(1) The person who is the owner of or for the time being has under his control animals to which this Act applies shall— (a) in case the animals are for the time being kept in an intensive unit, not less than once per day, (i) thoroughly inspect the animals' condition and state of health or cause their condition and state of health to be so inspected, (ii) for the purpose of ensuring that the automatic or other technical equipment used in the unit is free from defects either— (I) if he is competent so to do, thoroughly inspect such equipment, or (II) cause such equipment to be thoroughly inspected by a competent person, (b) in case the animals are for the time being not so kept, at intervals sufficient to avoid their being caused unnecessary suffering, thoroughly inspect the animals' condition and state of health, or cause their condition and state of health to be so inspected.

Feeding.

5.—(1) A person shall not— (a) provide an animal to which this Act applies with food or liquid in a manner which may cause it injury or unnecessary suffering, (b) cause to be provided for such an animal food or liquid in such a manner, (c) provide such an animal with food or liquid which either may itself cause the animal injury or unnecessary suffering or contain a substance which may cause such injury or suffering, (d) cause to be provided for such an animal such a food or liquid containing such a substance.

Intensive units.

6.—The Minister may by regulations declare that any building or structure which is of a class or description specified in the declaration shall be regarded as being an intensive unit for the purposes of this Act.

Records as regards intensive units.

7.—(1) Where, pursuant to the requirements of section 4 of this Act, an inspection is made, the owner or the person who is for the time being in charge of the animals or the intensive unit to which the inspection relates shall make or cause to be made in relation to the inspection a record in writing and such record shall contain the following particulars, namely, the date of the inspection, the name of the person carrying out the inspection, the condition of the animals inspected, particulars of any defect in such unit which was discovered as a result of the inspection, particulars of any steps taken to remedy such defect and such other particulars as may be prescribed.

Powers of entry, inspection, etc.

8.—(1) An inspector may at all reasonable times— (a) for the purpose of exercising any of the other powers conferred on him by this section enter any premises or other land, (b) inspect, examine or test— (i) any animal which he reasonably believes to be an animal to which this Act applies and which is found by him in or on any premises or other land so entered, (ii) any food or liquid so found and which he so believes is used or is to be used to feed animals to which this Act applies, (iii) any equipment so found, (c) take samples from any such animal or of any such food or liquid and examine, test or analyse, or cause to be examined, tested or analysed, any sample so taken, (d) require the production of and inspect, and if he so wishes take extracts from, any record made pursuant to the requirements of section 7 of this Act, (e) require any person who is either the owner or the person for the time being in charge of an animal or equipment referred to in paragraph (b) of this subsection, or who is the owner or occupier of or employed on premises or other land so entered, to give to him such assistance or to carry out such instructions as may be reasonably necessary to enable such examination, inspection, test or analysis to be carried out or to give to him such information regarding such animal or equipment as is within his knowledge or under his control.

Offences.

9.—(1) A person who— (a) fails to comply with the requirements of subsection (1), (2) or (3) of section 4 or of section 7 of this Act, (b) contravenes section 5

Evidence of certain examinations, tests and analyses and of their results.

10.—(1) Where in proceedings for an offence under this Act, there is produced a certificate which— (a) purports to be signed by the State Chemist or the Assistant State Chemist or by a person (in this section subsequently referred to as an “appointed person”) appointed by the Minister to give certificates for the purposes of this Act, and (b) states that the certificate is given for the purposes of this Act, and (c) certifies— (i) that an examination, test or analysis of a particular sample submitted by an inspector or an authorised person was carried out, and (ii) the result of such examination, test or analysis, then until the contrary is shown such certificate shall, without proof of the signature of the person purporting to sign it, or, in case the certificate purports to be signed by an appointed person, proof that at the time at which the certificate purports to have been given, such person stood appointed as an appointed person, be accepted by the court as sufficient evidence that such examination, test or analysis was carried out and of such result.

Regulations.

11.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Saver.

12.—The provisions of this Act are in addition to and not in substitution for— (a) section 1 of the Protection of Animals Act, 1911 , as amended by section 4 of the Protection of Animals (Amendment) Act, 1965 , (b) the Wildlife Act, 1976 .

Expenses.

13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

14.—This Act may be cited as the Protection of Animals Kept for Farming Purposes Act, 1984.

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