Animal Health and Welfare Act 2013

(i) prohibit or regulate an activity specified in the notice, including prohibiting or restricting entry onto land or premises specified in the notice,

(j) require that the owner or person in charge of any land or premises dispose of an animal, animal product or animal feed in a manner specified in the notice,

(k) prohibit the transport or the further transport of an animal, animal product, animal feed, or other thing either absolutely or unless such conditions as may be specified in the notice are complied with,

(l) require a person to return an animal, animal product, animal feed or other thing to its place of departure (whether within the State or otherwise) by a route which in the opinion of the authorised officer is the most direct or prudent,

(m) require that such alterations or additions be made to land or premises, means of transport, machinery or equipment used in connection with an animal, animal product, animal feed or other thing as may be specified in the notice,

(n) require a person to secure, isolate or segregate an animal, animal product, animal feed or other thing in a manner (if any) as may be specified in the notice,

(o) require that a person have carried out such examinations, tests or analyses as may be specified in the notice in a manner specified in the notice,

(p) require a person to clean or disinfect land or premises or a vehicle, vessel, aircraft, railway wagon, container, equipment or machinery used in connection with an animal, animal product, animal feed or other thing, or part of any of them, in a manner as may be specified in the notice, or

(q) require a person in charge of a premises where disease is suspected or present to affix notices prohibiting or restricting entry to the land or premises in accordance with the notice.

F19[(3A) An animal health and welfare notice may contain such incidental, supplementary and consequential measures relating to the keeping of records and the making of returns by the person on whom the notice is served as appear to the authorised officer serving the notice to be necessary for the purposes of the notice having full effect or of providing evidence that the notice has full effect.]

(4) A person on whom an animal health and welfare notice is served shall—

(a) comply with it until the notice expires or is annulled under section 43, and

(b) not cause or permit another person to contravene the terms of the notice.

(5) An animal health and welfare notice may specify a time limit within which it is to be complied with.

(6) An animal health and welfare notice may be modified or withdrawn by a further notice and the earlier notice has effect subject to the modification or withdrawal.

(7) An animal health and welfare notice may require the owner, occupier or person in charge of land or premises or the owner or person in possession or control of an animal, animal product, animal feed or other thing to which the notice relates to choose between 2 or more of the requirements specified in the notice.

(8) An animal health and welfare notice shall include an address for service of an appeal under section 43.

(9) A person on whom an animal health and welfare notice is served who fails to comply with, or causes or permits another person to contravene, the notice commits an offence.

(10) A person (other than an authorised officer or person accompanying an authorised officer) shall not enter or go onto any land or premises in contravention of a notice affixed in accordance with an animal health and welfare notice.

(11) A person who contravenes subsection (10) commits an offence.

43. Appeal against animal health and welfare notice.

43.—(1) A person on whom an animal health and welfare notice is served may, not later than 7 days from the date of service of the notice, appeal the notice to the judge of the District Court having jurisdiction in the District Court district—

(a) where a protected animal, animal product, animal feed or other thing relating to an animal, the subject of the notice, is situated, or

(b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to this Act.

(2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the animal health and welfare notice is unreasonable having regard to this Act and shall be served, if the authorised officer who served the animal health and welfare notice—

(a) is appointed by the Minister, is a member of the Garda Síochána or an officer of Customs and Excise, on the Minister,

(b) is appointed by the F20[chief executive] of a local authority, on that local authority, or

(c) is appointed under section 37(3), on the person who appointed the officer,

at the address included on the notice in accordance with section 42(8) not later than 48 hours prior to the hearing of the appeal.

(3) A person bringing an appeal shall lodge a copy of the notice of appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

(4) An animal health and welfare notice in respect of which an appeal is brought under this section shall have effect pending the making of an order under subsection (5).

(5) On the hearing of an appeal the judge of the District Court may confirm, modify or annul an animal health and welfare notice.

(6) A person, including a person on whom an animal health and welfare notice has been served, shall not—

(a) pending the determination of the appeal of the notice, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the animal health and welfare notice, or

(b) if the notice is confirmed or modified on appeal, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates other than in accordance with the terms of the animal health and welfare notice as confirmed or modified.

(7) A person who fails to comply with subsection (6) commits an offence.

(8) In this section “appeal” means an appeal under subsection (1).

44. Seizure and detention for non-compliance with notice.

44.—(1) Without prejudice to an appeal under section 43, if—

(a) the owner, occupier or person in charge of land or premises, or the owner or person in possession or control of a protected animal, an animal product, animal feed or other thing fails to comply with an animal health and welfare notice within the time specified in the notice,

(b) an authorised officer has reasonable grounds for believing that an animal health and welfare notice, whether or not modified under section 43(5), will not be complied with, or

(c) an animal health and welfare notice has been confirmed with or without modification under section 43(5) and the notice has not been complied with,

then the authorised officer may seize and detain the animal, animal product or animal feed and any means of transport or other thing used in connection with such.

(2) Where an animal, animal product, animal feed, means of transport or other thing is seized and detained under subsection (1), an authorised officer may—

(a) sell, destroy or dispose of the animal, animal product, animal feed or other thing or cause it to be sold, destroyed or disposed of, or

(b) take such other measures in relation to the animal, animal product, animal feed, means of transport or other thing as the authorised officer considers appropriate, in the circumstances.

(3) The profits, if any, arising out of the sale, destruction or disposal of an animal, animal product, animal feed, means of transport or other thing seized and detained under subsection (1) shall be paid to the owner of the animal, animal product, animal feed or other thing less any expenses (including ancillary expenses) incurred in connection with the seizure, detention, sale, destruction or disposal.

(4) The costs (including ancillary costs) of a measure taken under this section may be recovered by the Minister, the local authority concerned or the person who appointed the authorised officer—

(a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, animal product, animal feed, or means of transport or other thing at the time the measure was carried out, or

(b) by deducting the costs from any moneys due, or becoming due, and payable by the Minister to the person on whom the animal health and welfare notice concerned was served.

(5) Where a local authority, the Minister or a person who appointed an authorised officer proposes to recover the costs of anything done under this section, the authority, Minister or person shall—

(a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice,

(b) consider any representations duly made, and

(c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision.

45. Search warrant.

45.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

(a) evidence of or relating to the commission or intended commission of an offence under this Act relating to an animal, animal product or animal feed is to be found on land or premises,

(b) there is or was an animal, animal product, animal feed, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal, animal product or animal feed on land or premises,

(c) a record related to a thing to which paragraph (a) or (b) refers is or may be on the land or premises,

then the judge may issue a search warrant.

(2) A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under this Act.

46. Obstruction and false statements.

46.—(1) A person who—

(a) obstructs, interferes with or impedes an authorised officer, or any person who accompanies an authorised officer, in the course of exercising a function conferred on the officer under this Act,

(b) fails or refuses, without reasonable cause, to comply with a requirement or prohibition of an authorised officer under section 38,

(c) fails, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with section 41(1) or (3) or to comply with a requirement of an authorised officer under section 41(2), or

(d) in—

(i) making an application for registration, a licence, a permit, an approval, an authorisation, a certificate or other thing required by animal health and welfare regulations, or

(ii) purporting to give information to an authorised officer for the exercise of the officer’s functions under section 38 or 41—

(I) makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

(II) intentionally fails to disclose a material particular,

commits an offence.

(2) A statement or admission made by a person pursuant to a requirement under section 41(1) is not admissible as evidence in proceedings brought against that person for an offence (other than an offence under this section for failing to give information or giving false information) under this Act.

PART 9 Local Authorities

47. Functions of local authorities.

47.— A local authority shall, within its functional area (within the meaning of the Local Government Act 2001) enforce this Act insofar as it is to be enforced by a local authority.

48. Default of local authority.

48.—(1) Where a local authority fails to perform a function of a local authority under this Act, the Minister may direct the manager of that local authority to perform the function which the local authority has failed to perform.

(2) The F21[chief executive] of a local authority shall comply with a direction under subsection (1).

(3) All expenses incurred in relation to the performance of a function to which subsection (1) refers shall, unless a direction under that subsection provides otherwise, be paid out of moneys at the disposal of the local authority.

PART 10 Proceedings and Sanctions

49. Fixed payment notice.

49.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under F22[section 18,51(4),36(4)(a)or36A(a)], an offence referred to in section 52(1) or an offence under section 64(4), he or she shall report this to, as the case may be, another officer of the Minister authorised by the Minister or another officer of the local authority concerned, authorised by the F23[chief executive] of that local authority, in that behalf.

(2) An officer who receives a report under subsection (1), if he or she considers it appropriate, may serve on the person a notice in writing (“fixed payment notice”) stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 28 days beginning on the date of the notice make to the Minister or a local authority, at the address specified in the notice, a payment of €250 (or such other amount, being an amount not exceeding €1,000, as stands specified by order made, from time to time, by the Minister and different amounts may be specified in respect of different offences) accompanied by the notice,

(c) the person is not obliged to make the payment, and

(d) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Where a fixed payment notice is served under subsection (1)—

(a) the person to whom the notice applies may, during the period specified in the notice, make to the Minister or the relevant local authority at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the Minister or the relevant local authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(4) In proceedings for an offence under this Act, the onus of proving that a payment in accordance with a fixed payment notice has been made lies on the person on whom the fixed payment notice was served.

(5) In proceedings for an offence referred to in subsection (1) it is a defence for the accused to show that he or she has made a payment in accordance with this section pursuant to a fixed payment notice issued in respect of that offence.

(6) In this section “relevant local authority” means, in relation to the commission of the alleged offence, the local authority in whose functional area the offence is alleged to have been committed.

50. Evidence of laboratory analysis on certificate, etc.

50.—(1) In proceedings for an offence under this Act, a certificate purporting to be signed by a person employed at a laboratory where a sample taken under section 38(4)(iv)was analysed stating the capacity in which the person is employed and stating that—

(a) the person received the sample,

(b) for the period specified in the certificate, the person had the sample in his or her possession, and

(c) the person—

(i) gave the sample to another person named in the certificate, or

(ii) carried out a procedure for the purpose of detecting in the sample evidence of disease or a disease agent, a substance or contamination, or that the sample contained evidence of disease, a disease agent, a substance, or was contaminated in a manner, as is specified in the certificate,

is (without proof of the signature of the person or that he or she is or was employed at the laboratory), unless the contrary is shown, evidence of the matters stated in the certificate.

(2) In proceedings for an offence under this Act the court may, if it considers that it is in the interests of justice, direct that oral evidence of the matters stated in a certificate referred to in subsection (1) be given and the court may for the purpose of receiving oral evidence adjourn the proceedings.

(3) In proceedings under this Act, evidence of an act adopted by an institution of the European Union may be given by production of a copy of the act certified by an officer of the Minister to be a true copy. It is not necessary to prove, unless the contrary is shown, the signature of the officer or that he or she is or was an officer of the Minister.

(4) Subsection (3) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 (S.I. No. 341 of 1972).

(5) In proceedings under this Act, evidence of information contained in a record may be given by producing a copy in legible form of that record, whether that record is maintained in legible or non-legible form and the copy is, until the contrary is shown, sufficient evidence of the information contained in the record.

51. Service of notice, etc.

51.—(1) A notice (except a fixed payment notice) or requirement under this Act or issued under animal health and welfare regulations (if in writing) shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person—

(a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership, by delivery of a copy to any of the partners,

(b) by leaving a copy at the address at which the person ordinarily resides, where he or she carries on business, or, where an address for service of notices, directions or requirements has been furnished by the person to the Minister, at that address,

(c) by sending a copy by post in a prepaid registered envelope to the address at which the person ordinarily resides or carries on business and, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Minister, at that address,

(d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice, direction or requirement relates to land or premises, by delivering a copy to the land or premises or by affixing a copy in a conspicuous position on or near the land or premises, or

(e) by sending a copy by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service of a notice, direction or requirement has been furnished by the person to the Minister, that electronic address or facsimile machine, but only if—

(i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

(ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the direction, requirement or notice.

(2) Where a requirement under section 41(2) (if in writing) or an animal health and welfare notice is to be served on or given to a person who is the owner, occupier or person in charge of land or premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

(3) A person shall not, at any time within 6 months after a copy is affixed under subsection (1)(d), remove, damage or deface the copy without lawful authority.

(4) A person who contravenes subsection (3)commits an offence and is liable on summary conviction to a class B fine.

(5) For the purposes of this section, F24[a company formed and registered under theCompanies Act 2014or an existing company with the meaning of that Act] is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

52. Penalties.

52.—(1) A person who commits an offence under section 8(3), 12(6), 20(4), 22(2), 24(7),27(4), 29(4) or 42(11)is liable, on summary conviction, to a class A fine.

(2) A person who commits an offence under section 10(6), 11(2), 12(2), 13(5), 14(4), 15(10), 16(3), 17(2), 19(6), 21(2), 23(7), 42(9), 43(7), 46, 58(8) or 72(4)—

(a) is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or

(b) is liable, on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or to both.

F25[(2A) A person who commits an offence undersection 71B(2)is liable, on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or to both.]

(3) A fine imposed on conviction for an offence under this Act shall be paid to the prosecutor, other than a member of the Garda Síochána, and, subject to section 6, disposed of in a manner that the prosecutor determines.

53. Costs of prosecution.

53.— Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

54. Offence — body corporate.

54.—(1) Where an offence under this Act is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

55. Summary proceedings.

55.—(1) An offence under this Act F26[…] may be prosecuted summarily by—

(a) the Minister, other than in respect of an offence under section 18or section 22,

(b) the local authority in whose functional area the offence is alleged to have been committed, or

(c) a member of the Garda Síochána, in accordance with F27[section 10 of the Policing, Security and Community Safety Act 2024].

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months of the commission of the offence.

56. Presumption of ownership in relation to animals.

56.— In proceedings for an offence under this Act an animal, animal product, animal feed or other thing is presumed, unless the contrary is shown, to be owned by the occupier or person in charge of the land or premises on which it was found.

57. Forfeiture — equipment, animal product, etc.

57.—(1) Where an authorised officer has reasonable grounds for believing that an offence under this Act has been or is being committed, any animal product or animal feed or any vehicle, vessel, aircraft, equipment or machinery used in connection with an animal, animal product or animal feed, which has come into the possession of the officer in respect of the offence, and on the application before the appropriate court of—

(a) the Minister,

(b) the local authority in whose functional area the offence is alleged to have been or is being committed, or

(c) where criminal proceedings for an offence under this Act have been instituted, the person who instituted the proceedings,

the court may, at its discretion if it is satisfied that an offence has been committed (whether or not any person has been convicted of the offence) order the forfeiture to the Minister of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery, as the case may be.

(2) Where, in relation to an application under this section to the District Court, that court becomes of the opinion during the hearing of the application that—

(a) the estimated value of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited will exceed €10,000, or

(b) for any reason it should decline jurisdiction,

it may transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated value of the animal product, animal feed, equipment or machinery subject to the application or to such other matters that it considers appropriate.

(3) Where, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that—

(a) the estimated value of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited will exceed €50,000, or

(b) for any reason it should decline jurisdiction,

it may transfer the application to the High Court.

(4) An application under this section shall be brought in a summary manner.

(5) 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 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.

(6) A court may make an order under this section as to the costs of the parties to, or heard by the court in, proceedings relating to an application for an order under this section as it considers appropriate.

(7) Anything ordered to be forfeited under subsection (1) shall be disposed of as the Minister, local authority or other person concerned considers appropriate.

(8) In this section—

“appropriate court” means the High Court and, in relation to a forfeiture or proposed forfeiture—

(a) where the estimated value of animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited does not exceed €10,000, the District Court, in the District Court District, or

(b) where the estimated value of animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited does not exceed €50,000, the Circuit Court, in the Circuit Court area,

in which the offence is alleged to have been committed;

“estimated value”, in relation to a thing sought to be forfeited, means the estimated amount of money which, in the opinion of the court, a willing purchaser would pay to a willing seller if the thing could be sold legally less deductions for—

(a) the estimated costs incidental to the sale, and

(b) the estimated amount of any tax or duty owing to the State in respect of that thing,

and when it cannot be sold legally then the value, if any, that the court considers appropriate.

58. Disqualification.

58.—(1) On conviction for an offence under this Act, except in respect of an offence under section 18(5), 36(4)(a), 51(4) or 64(4) or referred to in section 52(1) which is a first offence under any of those provisions committed within the previous 3 years, the court may order that the person convicted of the offence may, in addition to the penalty imposed, by order of the court (“disqualification order”)—

(a) be disqualified from owning, having any interest in, keeping, dealing in or having charge or control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed, and

(b) be disqualified from working with animals or having charge or control of the slaughter, manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale or supply of an animal, animal product or animal feed or of any class or classes of animal, animal product or animal feed,

for a period, including, where appropriate, for the life of the person, as the court considers appropriate.

(2) If any time after the expiration of 3 months from the date of a disqualification order or such further period as the court may determine, the person in respect of whom the order is made may apply to the court on notice for an order to vary or discharge the original order and the court may vary or discharge the order if satisfied that there is good reason to do so.

(3) If an application under subsection (2) is refused, a further application shall not be made within 3 months of the date of that refusal.

(4) A disqualification order may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.

(5) A person shall not own, or purport to own, have any interest in, keep, deal in or have control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed with the purpose of evading a disqualification order.

(6) Where the prosecutor has reasonable grounds to believe that—

(a) a person to whom a disqualification order relates, or

(b) another person,

is evading, or attempting to evade a disqualification order, or is conspiring in such evasion, he or she may, on notice, apply to the court for such directions as it may consider appropriate to give for the purpose of preventing such evasion.

(7) Where a person is subject to a disqualification order, an approval, authorisation, licence, permit or registration held by the person to whom the order relates under any other enactment or act adopted by an institution of the European Union relating to an animal, animal product or animal feed or class or classes of animal, animal product or animal feed to which the order relates, is suspended for the period the order is in force.

(8) A person who breaches a disqualification order or contravenes subsection (5) commits an offence.

(9) A disqualification order takes effect, except by leave of the court, upon its making.

59. Seizure of animals in connection with disqualification.

59.—(1) Where—

(a) a court makes a disqualification order, and

(b) it appears to the court that the person to whom the order applies owns or has possession or control of an animal contrary to the order,

it may order that all animals that the person owns or has possession or control of contrary to the disqualification order be delivered up or seized and detained in accordance with the order.

(2) Where a person is convicted of an offence under section 58(8) because of owning or keeping an animal in breach of a disqualification order, the court by or before which that person is convicted may order that any or all animals that that person owns or keeps in breach of the order be delivered up or seized and detained, sold, disposed of or destroyed in accordance with the order.

(3) The profits arising from any sale, disposal or destruction under subsection (2) shall be paid to the prosecutor.

(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 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 disqualified to reimburse the expenses incurred in carrying out the order.

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

60. Forfeiture of animal.

60.—(1) On conviction for an offence under F28[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.

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 F29[an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance withsection 41of 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 F30[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.

62. Proof and authentication of certain documents.

62.—(1) Without prejudice to the Criminal Evidence Act 1992, a copy of a record which has endorsed on it a certificate purporting to be signed by a person (authorised by the Minister in that behalf) stating that the copy is a true copy of the record may, without proof of signature (including an electronic signature) of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the record.

(2) A copy of an animal health and welfare notice, a fixed payment notice, a direction or requirement in writing of an authorised officer or a licence, permit, approval or authorisation under animal health and welfare regulations shall be authenticated by the signature of the person issuing it. An electronic signature (within the meaning of section 2 of the Electronic Commerce Act 2000) may be used for such authentication.

PART 11 Animal Tracing Systems

63. Animal tracing systems.

63.—(1) The Minister may establish and continue animal tracing systems (including a database) in which shall be entered data mentioned in subsection (2) in relation to protected animals.

(2) For the purposes of subsection (1), the Minister may by regulations provide for—

(a) the collection of data by such means, including electronically, as the Minister considers appropriate, on—

(i) land and premises where protected animals are kept,

(ii) births, movements and deaths of protected animals,

(iii) persons who move protected animals whether on their own behalf or on behalf of other persons,

(b) the persons or classes of persons required to submit or keep data,

(c) the type or breed of protected animal to which the collection of data applies,

(d) the period within which data is to be submitted and to whom,

(e) the form and content of data to be kept,

(f) the use of a database in connection with tracing and, in particular, the export, movement, sale or supply of a protected animal, or slaughter for human consumption of a farm animal, and

(g) provision for access to such databases, systems and data.

(3) In proceedings for an offence for a contravention of or failure to comply with regulations made under subsection (2) a certificate purporting to be signed by a person employed in connection with an animal tracing scheme stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—

(a) data required to be submitted—

(i) was received and the information contained in that data, or

(ii) by a named person was not received,

and

(b) data specified in the certificate is a legible copy of the data stored in the system,

is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.

(4) The Minister may for the purposes of animal tracing systems in regulations provide for the regulation, either generally or in specified circumstances, of the export, movement, sale or supply of protected animals or slaughter for human consumption of farm animals, to which the regulations apply.

(5) A person who contravenes or fails to comply with a provision of regulations made under this section which is stated in the regulations to be a penal provision—

(a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or

(b) to which this paragraph applies, commits an offence and is liable—

(i) on summary conviction, to a class A fine or to a term of imprisonment not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 5 years, or to both.

(6) Regulations made under this section are in addition to and not in substitution for animal health and welfare regulations.

(7) In this section “data” means information supplied or gathered and records kept for the purposes of tracing protected animals under protected animal tracing systems.

64. Census of animals.

64.—(1) The Minister may conduct a census of animals or of animals of a particular class or description for the purpose of confirming the location, category and ownership of animals in the State or for any other purpose.

(2) The Minister may make regulations requiring persons to provide information under this Act, specifying, in particular—

(a) the general nature of the information required,

(b) the frequency with which it is to be provided, and

(c) the persons required to provide it.

(3) The Minister may, under regulations made under subsection (2), direct a person by notice in writing—

(a) to complete and return a form, questionnaire or other record in accordance with any instructions set out in the notice or otherwise communicated to the person,

(b) to answer questions asked of the person, or

(c) to supply any record, copy or extract from any record,

within such period, being not less than 14 days, specified in the notice from the service of the notice and in such manner as specified in the notice.

(4) A person who fails to provide information in accordance with a requirement under regulations made under this section commits an offence and is liable on summary conviction to a class B fine.

PART 12 Animal Marts

65. Definitions.

65.—F31[…]

66. Prohibition of unlicensed animal marts, etc.

66.— F32[…]

67. Grant of licences for animal marts, etc.

67.— F33[…]

68. Power of Minister to revoke or refuse licence.

68.— F34[…]

69. Appeal against refusal or revocation of licence.

69.— F35[…]

70. Regulations in relation to animal marts.

69.— F35[…].—

71. Application (Part 12).

71.— F37[…]

F38[PART 12A Prohibition on Fur or Skin Farming]

71A. F39[Definitions.

71A.—(1) In this Part—

“Act of 1967”means the Redundancy Payments Act 1967;

“appeal”means an appeal undersection 71J(1);

“application”means, except insection 71C, an application undersection 71D(1)made, in accordance with this Part and the regulations, by a licensee;

“determination”means, in relation to an application, a determination made by an assessor undersection 71F(2)(b)in respect of that application;

“dispose”, in relation to a specified animal, includes killing the animal in such manner as to inflict as little suffering as possible in the circumstances or causing the animal to be so-killed;

“fur or skin farming”means the breeding, rearing or keeping of a specified animal solely or primarily for the value of, or the manufacture of products from, its fur or skin;

“income losses”means losses of income;

“licensee”means a person who immediately before the commencement of this Part held a licence granted under the Musk Rats Act 1933;

“non-income losses”means losses other than income losses;

“redundant worker”means an employee (within the meaning of the Act of 1967) of a licensee who was dismissed, during the period commencing 6 months before, and ending 6 months after, the date of commencement of this Part;

“regulations”means regulations made undersection 71D;

“specified animal”means—

(a) a dog, fox, jackal, wolf and all other members of the Canidae family,

(b) a domestic cat, wild feline and all other members of the Felidae family,

(c) a hare, rabbit and all other members of the Leporidae family,

(d) a mink, weasel, stoat and all other Rodentia,

(e) a raccoon, olingo and all other members of the Procyonidae family,

(f) a civet and all other members of the Viverridae family,

(g) a reptile, and

(h) any other animal or class of animal designated in an order made by the Minister undersubsection (2).

(2) The Minister may, by order, designate an animal or class of animal as a specified animal for the purpose ofparagraph (h)of the definition "specified animal" insubsection (1).]

71B. F40[Prohibition

71B.—(1) A person shall not—

(a) engage in fur or skin farming, or

(b) possess or have under his or her control a specified animal for the purpose of—

(i) breeding, rearing or keeping the specified animal for or on behalf of a person who is engaged in the fur or skin farming of the specified animal, or

(ii) selling or supplying the specified animal to another person to be used by the other person for the fur or skin farming of the specified animal.

(2) A person who contravenessubsection (1)commits an offence.]

71C. F41[Seizure under section 38 of specified animal: supplementary provisions.

71C.—(1) Without prejudice tosection 23(4), where an authorised officer seizes and detains a specified animal pursuant tosection 38(4)(v), the Minister shall, as soon as practicable after the seizure and detention, apply to a judge of the District Court for an order authorising the Minister to dispose of the specified animal and the judge shall, unless there is good reason not to do so, grant the application.

(2) The Minister shall not make an application undersubsection (1)unless he or she—

(a) has served a notice on the person who appeared to be in possession or control of the specified animal immediately prior to it being seized and detained, or

(b) if that person cannot be readily identified, placed or cause to be placed the notice on or near the land or premises from which the specified animal was seized and detained.

(3) An order made undersubsection (1)shall be expressed and operate to authorise the Minister to dispose of the specified animal in a manner that he or she considers appropriate.]

71D. F42[Compensation for licensees under Musk Rats Act 1933.

71D.—(1) A licensee may, subject to this Part and the regulations, make an application to the Minister for compensation for income losses, non-income losses and costs incurred by the licensee as a direct result of the licensee’s ceasing to carry on the business of the fur farming of mink by reason of the enactment of this Part.

(2) The Minister shall, on application by a licensee to him or her in accordance withsubsection (1)and the regulations, pay the licensee such compensation as may be determined in accordance with this Part.

(3) For the purposes of this Part, the Minister may make regulations—

(a) specifying the income losses, non-income losses and costs in respect of which compensation shall be payable,

(b) providing for the basis of valuation for assessing income losses and non-income losses,

(c) providing, in respect of a particular income loss, non-income loss or type of costs—

(i) that a specified amount of compensation shall be payable, or

(ii) the basis on which the amount of compensation payable (which may be subject to a maximum amount) shall be determined,

(d) providing, subject to any conditions set out in the regulations, for the types of costs reasonably incurred for which compensation may be payable, including the following costs:

(i) costs of disposal of breeding mink;

(ii) demolition and clean-up costs in respect of the removal of any buildings, specialised fencing or other structures used for the fur farming of mink that cannot reasonably be used for any other purpose;

(iii) amounts paid by the applicant to any redundant workers in accordance with section 19 of the Act of 1967;

(iv) costs incurred by the applicant for services provided to the applicant—

(I) by a chartered accountant or a public relations professional, or both, for any representations to the Minister made on behalf of the applicant during the 12 month period immediately before the date of enactment of this Part and ending on the date immediately preceding that date in respect of proposals to prohibit the fur farming of mink, and

(II) by a chartered accountant or a valuation professional, or both, in the preparation of the applicant’s application and in providing assistance to the applicant during the course of the assessor’s consideration of the applicant’s application,

(e) authorising the Minister to make, in specified circumstances, an advance payment to an applicant in respect of any particular income loss, non-income loss or type of cost and providing for the manner, including the setting off or recovery of the advance payment against any compensation payments to be made under this Part, in which the advance payment is to be repaid,

(f) subject tosection 71E, providing for the manner of appointment of an assessor and the terms and conditions of such an appointment,

(g) specifying the form and content of an application, the documents and other information that are to accompany it and the period within which an application is to be submitted,

(h) specifying the procedures to be followed by the assessor in his or her consideration of an application, and

(i) providing for any other related matters including such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.]

71E. F43[Appointment of assessor.

71E.(1) The Minister may, in accordance with the regulations, where applicable, appoint a person (in this Part referred to as an "assessor") who, in the opinion of the Minister, possesses the appropriate level of skill, knowledge and qualifications to perform the functions of an assessor under this Part, to be an assessor.

(2) Subject to this Part, an assessor shall be independent in the performance of his or her functions.

(3) An assessor may engage one or more persons to assist him or her in the performance of his or her functions.

(4) An assessor and any persons engaged by him or her undersubsection (3)shall be paid such fees and expenses as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.]

71F. F44[Assignment of application to assessor.

71F.(1) The Minister, upon receipt on an application, shall—

(a) assign an assessor to consider the application in accordance withsubsection (2), and

(b) transmit the application and any documents required to be submitted with it to the assessor.

(2) The assessor to whom an application is assigned undersubsection (1)shall, in accordance with this Part and the regulations—

(a) examine the application and any information or documents transmitted to him or her under subsection (1) or provided by the applicant in compliance withsection 71G, and

(b) determine the amount of compensation payable to the applicant.]

71G. F45[Assessor may require or seek further information or documents.

71G.(1) For the purpose of performing his or her functions under this Part in relation to an application, the assessor may, by notice in writing, require an applicant—

(a) to provide such further information or documents as are specified by the assessor that, in the assessor’s opinion, are reasonably required for the purposes of the consideration of the application, or

(b) to verify such information or documents submitted with the application or provided underparagraph (a)as are specified by the assessor.

(2) For the purposes ofsubsection (1), where the information or documents referred to inparagraph (b)of that subsection, or anything required to verify such information or documents, is in the power, possession or procurement of a third party, the applicant shall make every reasonable effort to obtain that information or those documents from the third party concerned.

(3) The notice undersubsection (1)shall specify the period, which may be extended by the assessor for good reason, within which the requirement concerned shall be complied with.

(4) An applicant and his or her employees, servants or agents shall give all assistance (including permission to enter the applicant’s property) to, and cooperate with, the assessor and any persons engaged undersection 71E(3)for the purpose of performing their functions under this Part.]

71H. F46[Failure by applicant to cooperate.

71H. (1) This section applies where an applicant or, where applicable, his or her employee, servant or agent—

(a) fails to provide any information or documents required to be submitted with the application,

(b) fails to comply with a requirement undersection 71G(1),

(c) fails to comply withsection 71G(4), or

(d) provides information to the assessor that is, in a material respect, incomplete, inaccurate or misleading.

(2) Where a circumstance referred to inparagraph (a), (b), (c) or (d)ofsubsection (1)applies and, as a result, the assessor is of the opinion that he or she is unable to adequately verify or substantiate any information or document provided by the applicant, he or she, in making a determination, may do one or more of the following:

(a) draw any adverse inferences that he or she considers appropriate;

(b) in determining the amount of compensation payable to the applicant in respect of the income loss, non-income loss or cost to which the failure to provide the required information, documentation or cooperation, or the incomplete, inaccurate or misleading information provided, relates—

(i) determine that the applicant is not entitled to compensation, or

(ii) have regard to the failure or to the fact that the information is incomplete, inaccurate or misleading, as the case may be.]

71I. F47[Notice of determination.

71I.(1) Upon making his or her determination the assessor shall, as soon as practicable, by notice in writing, inform the applicant concerned of—

(a) in relation to each income loss, non-income loss and type of cost in respect of which the applicant has applied for compensation—

(i) whether any compensation is payable, and

(ii) where compensation is payable, the amount of compensation payable to the applicant,

(b) the reasons for the determination, and

(c) the applicant’s entitlement undersection 71Jto appeal the determination, or a part of the determination.

(2) The assessor shall, as soon as possible after providing the applicant with a notice undersubsection (1), provide a copy of the notice to the Minister.

(3) The assessor shall transmit to the Minister all of the information and documents examined by the assessor in the course of his or her consideration of the application.

(4) Subject to an appeal, a determination is final.]

71J. F48[Appeal to High Court.

71J. (1) The applicant concerned or the Minister, where he or she is dissatisfied with a determination or with a part of such a determination relating to a particular income loss, non-income loss or type of cost to which the application concerned relates, may, not later than 3 months from the date on which he or she receives the notice referred to in section71I, appeal the determination, or the part of the determination, as the case may be, to the High Court.

(2) An appeal shall be commenced by motion on notice grounded on affidavit.

(3) In any appeal—

(a) where the appeal is by the applicant, the Minister shall be the respondent,

(b) where the appeal is by the Minister, the applicant shall be the respondent, and

(c) each party shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(4) The High Court shall give such directions and make such orders for the conduct of an appeal as it considers appropriate for the purpose of determining the proceedings in a manner which is just and expeditious.

(5) Following consideration of an appeal, the High Court may by order—

(a) affirm the determination or part of the determination, as the case may be, or

(b) subject tosubsection (6)—

(i) vary the determination or part of the determination,

(ii) set aside the determination or part of the determination and remit it, for stated reasons, to the Minister, or

(iii) where the Court considers it appropriate to do so, by reference to submissions, documents or evidence before it which were not examined by the assessor in his or her consideration of the application concerned or for other good reason, substitute its determination for the determination or part of the determination.

(6) The High Court shall make an order under subsection(5)(b)only where it is satisfied, taking into account the degree of expertise and specialist knowledge possessed by the assessor and taking the process as a whole, that—

(a) a serious and significant error or a series of such errors was made in making the determination or part of the determination the subject of the appeal, or

(b) the determination or part of the determination was made without complying with fair procedures.]

71K. F49[Remission of determination to Minister.

71K.Where the High Court makes an order undersection 71J(5)(b)(ii), the Minister shall, in accordance with the terms of the order andsection 71F(1), assign an assessor to consider the application concerned and the assessor shall proceed, having regard to the stated reasons of the Court, to consider the application concerned in accordance with this Part, and this Part and the regulations shall apply accordingly.]

71L. F50[Payment of compensation by Minister.

71L.(1) The Minister shall—

(a) pay to the applicant concerned the amount of compensation set out in the determination—

(i) where no appeal has been made, as soon as practicable after the date on which the period specified insection 71J(1)for making such an appeal has expired, or

(ii) where an appeal has been made, but the determination under appeal ceases to be under appeal, as soon as practicable after the date on which the determination under appeal ceases to be under appeal,

or

(b) where the High Court has made an order underparagraph (a), orparagraph (b)(i)or(iii), ofsection 71J(5), pay to the applicant concerned compensation in accordance with the order as soon as practicable after the date on which the order is made.

(2) Where an appeal has been made in respect of a part of a determination only—

(a) the Minister shall, as soon as practicable, pay to the applicant concerned compensation in accordance with the parts of the determination that are not the subject of the appeal, and

(b)paragraphs (a)(ii)and(b)ofsubsection (2)shall apply in respect of the parts of the determination that are the subject of the appeal.

(3) Where an advance payment has been made to an applicant by the Minister in accordance with regulations made undersection 71D(3)(e), and has not been repaid in whole or in part, the Minister may, in accordance with regulations made undersection 71D(3)(e), reduce the amount payable to the applicant undersubsection (1) or (2), as the case may be, by the amount, or a portion of the amount, of the advance payment owing.

(4) For the purposes of this section, a determination under appeal ceases to be under appeal where—

(a) the party who appealed withdraws or abandons the appeal, or

(b) where both parties have appealed, the appeal is withdrawn or abandoned by both parties.

(5) In this section—

"determination under appeal" means a determination, or a part of a determination, that has been appealed undersection 71J, but in relation to which no order has been made by the High Court underparagraph (a), or paragraph (b)(i) or (iii), ofsection 71J(5);

"date on which a determination under appeal ceases to be under appeal" means—

(a) wheresubsection (4)(a)applies, the date of the withdrawal or abandonment concerned, or

(a) wheresubsection (4)(b)applies, the date on which the later party to withdraw or abandon the appeal does so.]

71M. F51[Revocation of licences under Musk Rats Act 1933

All licences granted under the Musk Rats Act 1933 and subsisting on the date immediately before the date on which this Part comes into operation are, on that date, revoked.]

PART 13 Miscellaneous

72. Forgery.

72.—(1) A person shall not forge or utter knowing it to be forged—

(a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act,

(b) a form of identification relating to an animal,

(c) a requirement of an authorised officer under section 41, if the requirement is in writing,

(d) an animal health and welfare notice, or

(e) a notice erected under animal health and welfare regulations F52[…].

(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered—

(a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act,

(b) a form of identification relating to an animal,

(c) a requirement of an authorised officer under section 41, if the requirement is in writing,

(d) an animal health and welfare notice, or

(e) a notice erected under animal health and welfare regulations F52[…].

(3) A person shall not have, without lawful authority (the proof of which lies on him or her), in his or her possession or under his or her control a document that has been forged, uttered or altered in contravention of subsection (1) or (2).

(4) A person who contravenes this section commits an offence.

73. Fees.

73.—(1) A person shall pay—

(a) on application for a registration, licence, permit, approval, authorisation or certificate of the Minister or other person under animal health and welfare regulations,

(b) in respect of an inspection required before consideration of an application mentioned in paragraph (a),

(c) in respect of the provision of any examination, test or analyses of an animal, animal product, animal feed or other thing or sample, or

(d) in respect of any treatment of an animal by the Minister,

such fee (if any) as may be fixed from time to time by the Minister.

(2) Different fees may be fixed in respect of applications for different classes of the matters referred to in subsection (1) but may not exceed the cost of providing the service, estimated by the Minister, to which the fee relates.

(3) The Minister or other person referred to in subsection (1) shall not consider an application unless it is accompanied by the appropriate fee (if any).

(4) The Minister may publish in such manner as he or she decides fees fixed under this section.

74. Service agreements.

74.—(1) The Minister may, from time to time, enter in writing into an agreement or other arrangement (“service agreement”) subject to such terms or conditions as the Minister decides, with another person for the performance of a function under this Act (other than a function under sections 1(2), 7, 9, 26(2), 36(1) regarding the making of regulations, 49, 55, 61, 63and 64(2) and under Parts 6 and 9).

(2) The Minister may at any time withdraw or alter the terms of a service agreement.

(3) A service agreement operates, so long as it continues in operation, to confer on and vest in the person with whom the agreement is made, the function specified in, and subject to any conditions set out in, the agreement.

(4) Notice of a service agreement or its withdrawal or alteration, shall be published in the Iris Oifigiúil and in such other manner (if any) as the Minister decides.

75. Continuance of certain instruments.

75.— The statutory instruments mentioned in Schedule 4, are continued in force and are considered to be animal health and welfare regulations and may be amended or revoked under section 36.

PART 14 Amendment of Certain Enactments

76. Amendment of Animal Remedies Act 1993.

76.—F53[…]

77. Amendment of section 17 of Dog Breeding Establishments Act 2010.

77.— The Dog Breeding Establishments Act 2010 is amended, in section 17(b), by the insertion after “Act of 1986” of “or regulations made under section 36 of the Animal Health and Welfare Act 2013”.

78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.

78.— The Welfare of Greyhounds Act 2011 is amended—

(a) in section 12(7)(b), by substituting for subparagraph (iii) the following:

“(iii) Part 2 or 3 or regulations made under section 36 of the Animal Health and Welfare Act 2013,”,

and

(b) in section 15(8)—

(i) in paragraph (a), by substituting for subparagraph (iii) the following:

“(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”,

and

(ii) in paragraph (b), by substituting for subparagraph (iii) the following:

“(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”.