Animal Welfare (Service Animals) Act (Northern Ireland) 2022

2022 Chapter 9

An Act to amend the Welfare of Animals Act (Northern Ireland) 2011 in relation to service animals.

Enacted [30th March 2022]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

^I11 Amendment of the 2011 Act¶

In the Welfare of Animals Act (Northern Ireland) 2011, after section 51 insert—

51A Service animals

1 Subsections (2) and (3) apply when it is being determined in connection with section 4(1) whether suffering is unnecessary in a case where the suffering was caused by conduct for the purpose mentioned in section 4(3)(c)(ii).

2 The fact that the conduct was for the purpose mentioned in section 4(3)(c)(ii) is to be disregarded if—

a the animal was—

i under the control of a relevant officer at the time of the conduct, and

ii being used by the officer at the time of the conduct, in the course of the officer’s duties, in a way that was reasonable in all the circumstances, and

b the conduct was that of someone other than the officer.

3 A relevant officer is—

a a constable (but see subsection (4)),

b a person (other than a constable)—

i employed for the purposes of the police, or

ii engaged to provide services for the purposes of the police, or

c a prisoner custody officer as defined in Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994.

4 A reference in this section to a constable excludes a member of the Naval, Military or Royal Air Force Police.

5 The Department of Agriculture, Environment and Rural Affairs may by regulations amend this section so as to alter the meaning of a relevant officer in this section.

6 Only a person in the public service of the Crown may be included within the meaning of a relevant officer in this section by virtue of regulations under this section.

^I22 Commencement and short title¶

1 This Act comes into operation on the day after receiving Royal Assent.

2 This Act may be cited as the Animal Welfare (Service Animals) Act (Northern Ireland) 2022.

Footnotes

I1
S. 1 in operation at 31.3.2022, see s. 2(1)
I2
S. 2 in operation at 31.3.2022, see s. 2(1)