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«ANIMALS AND BIRDS ACT Principal Act Commencement 1.1.1949 Act. No. 1948-30 Assent 24.8.1948 Amending Relevant current Commencement enactments ...»

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1948-30

Animals and Birds

ANIMALS AND BIRDS ACT

Principal Act

Commencement 1.1.1949

Act. No. 1948-30

Assent 24.8.

1948

Amending Relevant current Commencement

enactments provisions date

Acts. 1960-21 ss.5, 6, 9 and 17

1968-17 ss.2(1), 8 and 17(1)

Reg. of 28.5.1970 ss.2(1), 4, 7, 24(4) and (5)

Acts. 1974-16 s.2(2) 1975-32 ss.2(1), 10, 21 and 26 1983-48 s.12 1987-33 ss.2(1), 10(1A), (1B), (2) and (9), 14(2), 15, 18(3), 20, 21, 22, 23, 24, 25(2), (3) and 25A 1.3.1988 1987-34 ss. 4, 7, 10 and 24 1.2.1988 1991-11 ss. 8 and 9 9.5.1991 2004-27 ss. 2(1), (2), 4, 7(1) and (2), 10(1)(a), (1C), (3) and (4), 21, 22(1A), (1B), (4), (5) and (6), 23, 24(2), (4) and (5), 26 and 26(kk) 17.8.2004 2006-10 ss. 10(2) & (9), 14(2), 15, 18(3), 20, 23, 25(3) & 25A 20.4.2006 2014-03 ss. 2, 6A, 6B, 27 & Sch. 27.2.2014 2016-02 ss. 10(3), (3A), (4), (5), (6), (6A), (6B), (6C), (7), (8), 10A 28.1.2016

English sources:

Protection of Birds Act 1954 (2 and 3 Eliz. 2 c.30) Protection of Animals (Amendment) Act 1954 (2 and 3 Ell. 2 c.40) Abandonment of Animals Act 1960 (8 and 9 Eliz. 2 c.43)

EU Legislation/International Agreements involved:

Directive 92/65/EC Regulation (EC) No 998/2003 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1948-30 Animals and Birds Regulation (EC) No 592/2004 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1948-30 Animals and Birds © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1948-30 Animals and Birds

ARRANGEMENT OF SECTIONS.

PART I.

INTRODUCTORY.

Section

1. Short title.

2. Interpretation.

PART II.

DISEASES OF ANIMALS AND BIRDS.

3. Importing or keeping diseased animals or birds.

4. Failure to notify diseases.

PART III.

–  –  –

22. Power and duties of authorised officers and others.

23. Failure to produce licence.

24. Seizure of stray animals and birds.

25. Finding by persons other than authorised officers.

25A. Obstructing Officers in execution of duties under Act.

26. Rules.

27. Amendments to Schedule.

–  –  –

“Government Veterinary Practitioner” means a qualified veterinary practitioner appointed by the Minister for the Environment;

“Licensing Officer” means the person appointed by the Minister for the Environment under section 10(4);

“Minister” means the minister with responsibility for the environment;

“Nature Conservancy Council” has the meaning given to it under section 2(1) of the Nature Protection Act 1991;

“poultry” includes turkeys, geese, guinea-fowls and pigeons;

“vaccinated” means vaccinated with an inactivated rabies vaccine of at least one antigenic unit per dose (WHO standard) in accordance with the recommendations of the manufacturing laboratory;

(2) Notwithstanding anything contained in subsection (1) where any rules are made under the provisions of section 26 the Minister for the Environment may, if he considers it necessary so to do in order to comply with any convention or treaty which has been extended to Gibraltar, for the purpose of such rules attribute to any expression used in those rules a different meaning from that attributed to such expression in subsection (1).

–  –  –

Importing or keeping diseased animals or birds.

3. A person who imports any animal or bird which to his knowledge is suffering from any contagious or infectious disease is guilty of an offence against this Act.

Failure to notify diseases.

4. A person who, having the custody of any animal or bird which to his knowledge is suffering from any contagious or infectious disease and fails to notify the fact forthwith to the Government veterinary practitioner or to the Environmental Agency is guilty of an offence against this Act.

–  –  –

Abandoning animals.

6. A person who being the owner or having charge or control of any animal, (1960 c.43, s.1).

without reasonable cause or excuse abandons it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering or causes or procures or being the owner, permits it to be so abandoned, is guilty of an offence against this Act.

Enticing or feeding Barbary Macaques.

6A.(1) It is an offence for a person (a) to entice a Barbary Macaque to leave any part of the Gibraltar Nature Reserve by offering or leaving food or water;

(b) not being a person authorised by the Minister, to feed a Barbary Macaque within the Gibraltar Nature Reserve, or to encourage another person to do so; or (c) not being a person authorised by the Minister with responsibility for the environment, to feed a Barbary Macaque outside the Gibraltar Nature Reserve, or to encourage another person to do so.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine at level 4 on the standard scale.

Possibility of fixed penalty notices for enticing or feeding Barbary Macaques.





6B.(1) Where on any occasion an authorised officer finds a person whom he has reason to believe on that occasion is committing or has committed an offence under section 6A(1) he may give that person the prescribed notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2) Where a person has been given a notice under this section in respect of an offence–

–  –  –

“conviction” shall be construed in like manner.

(4) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state–

–  –  –

and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

–  –  –

(6) The fixed penalty payable in pursuance of a notice under this section is £500 for an offence under section 6A(1)(a) or 6A(1)(c) and £250 for an offence under section 6A(1)(b), and, with respect to the sums received by the Clerk of the Magistrates’ Court, those sums shall be paid to any authority specified for this purpose by notice in the Gazette.

–  –  –

Export of horses.

7.(1) A person who exports any horse from Gibraltar without the prescribed certificate from the Government veterinary surgeon is guilty of an

offence against this Act:

Provided that a horse in respect of which a permit under subsection (2) has been issued may be taken out of Gibraltar for any lawful or temporary purpose approved by the Environmental Agency.

(2) A person who keeps a horse in Gibraltar for a longer period than twenty-four hours without a permit from the Environmental Agency is guilty of an offence against this Act.

8. Repealed

9. Repealed Registration, licensing and vaccination of dogs.

10. (1) No person shall keep a dog over the age of three months unless–

–  –  –

(c) the dog has been vaccinated within the previous twelve months.

(1A) No licence under this section shall be issued to a person under 16 years of age.

(1B) The person to whom a licence is issued under this section shall, for all purposes of this Act, be deemed to be the owner of the dog to which the licence relates.

(1C) For the purpose of this section “keep” means to own or otherwise have in one’s possession for a period of more than three months.

(2) A person who keeps a dog in contravention of the provisions of subsection (1)(a) or (b) is guilty of an offence and is liable on summary

–  –  –

(3) The Environmental Agency may cause, irrespective of the wishes of a person to whom a license is issued under this section, any dog over the age of three months which has not been vaccinated within the previous twelve months to be vaccinated.

(3A) In exercising its powers under subsection (3) an authorised officer or Licensing Officer may use such measures as are reasonable and proportionate under the circumstances to cause a dog to be vaccinated.

–  –  –

(6A) For the purposes of subsection (6)(c) a dog shall be considered to be implanted with a microchip if the following conditions are met–

–  –  –

(6B) Subsection (6)(c) does not apply if the keeper of a dog produces to a Licensing Officer a document certified in writing and signed by a veterinary surgeon to the effect that implanting (or the continued implantation) of a microchip would have an adverse effect on the health of the dog.

–  –  –

(7) Deleted (8) A copy of any entry in such register purporting to be certified as a true copy by a Licensing Officer shall in all legal proceedings be evidence of the matters stated therein without proof of the signature or authority of the person signing it.

(9) A person who counterfeits any registration badge or licence disc, or who keeps a dog which is found to be wearing any false or counterfeit registration badge or licence disc or a registration badge or licence disc issued in respect of any other dog is guilty of an offence and is liable on summary conviction to a fine at level two on the standard scale and to imprisonment for six months.

Microchips.

10A.(1) A microchip implanted in a dog must– (a) generate a unique number when read by a scanning device;

(b) be implanted by a competent person (if implanted in Gibraltar);

(c) comply with either ISO standard 11784:1996 or Annex A to ISO standard 11785:1996 of the International Standards Organisation’s standards for microchips; and (d) be registered in the dog register.

(2) The dog register shall record the unique number generated by the microchip.

(3) For the purpose of this section a competent person means a veterinary surgeon, a veterinary nurse acting under the direction of a veterinary surgeon, or a person who has received instruction on how to implant a microchip from a veterinary surgeon and is acting under the direction of a veterinary surgeon.

(4) An authorised officer or a Licensing Officer may, for the purpose of executing his duty under this Act, require the scanning of a microchip implanted in a dog.

Injuries by animals or birds to persons or property.

–  –  –

13. All legal proceedings under this Act shall be taken in the magistrates’ court, from which an appeal shall lie to the Supreme Court under the provisions of the Magistrates’ Court Act1, and the court may direct in such case that any recognizance required to be entered into, shall include an undertaking not to sell or part with any animal or bird concerned until the appeal is determined or abandoned and to produce it, if possible, if the court so directs at the hearing of the appeal.

–  –  –

14. (1) The magistrates’ court may likewise take cognizance of a complaint that an animal or bird is dangerous and not kept under proper control and if the court is satisfied of the truth of the complaint it may order the animal or bird to be kept under proper control or destroyed.

–  –  –

15. A person who, by cruelty within the meaning of this Act to any animal or bird, does or causes to be done, any damage or injury to the animal or bird or any person or property, and who is convicted for the cruelty under this Act, is liable upon the application of the person aggrieved to be ordered to pay as compensation to the person who sustained such damage or injury, such sum not exceeding level two on the standard scale, as the court before

which he is convicted may consider reasonable:

–  –  –

(a) prevent the taking of any other legal proceedings in respect of any such damage or injury, so that a person may not be twice proceeded against in respect of the same claim; or

–  –  –

Destruction and deprivation of ownership.

16. (1) Where the owner of an animal or bird is convicted of an offence of cruelty within the meaning of this Act, it shall be lawful for the court, if it is satisfied that it would be cruel to keep the animal or bird alive, to direct that the animal or bird be destroyed and to assign the animal or bird to any suitable person for that purpose; and the person to whom such animal or bird is so assigned shall, as soon as possible, destroy such animal or bird, or cause or procure such animal or bird to be destroyed in his presence without unnecessary suffering. Any reasonable expenses incurred in destroying the animal or bird may be ordered by the court to be paid by the owner, and

thereupon shall be recoverable summarily as a civil debt:

Provided that, unless the owner assents, no order shall be made under this section except upon the evidence of a duly qualified veterinary surgeon, or of a person habitually employed upon veterinary work.

(2) If the owner of any animal or bird is guilty of cruelty within the meaning of this Act to the animal or bird, the court, upon his conviction thereof, may in addition to any other punishment, deprive such person of the ownership of the animal or bird, and may make such order as to the disposal

of the animal or bird as it thinks fit in the circumstances:

Provided that no order shall be made under this section, unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal or bird, if left with the owner, is likely to be exposed to further cruelty.

Power to disqualify persons convicted of cruelty to animals.

17. (1) Where a person who has been convicted of an offence under section (1954 c.40, s.1).



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