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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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5, 6 or 9 is subsequently convicted of such an offence, the court by which he is convicted on the subsequent occasion may, if it thinks fit, in addition to or in substitution for any other punishment, order him to be disqualified, for such period as it thinks fit, from having custody or control of any animal or bird or any animal or bird of a kind specified in the order.

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(3) A person who is disqualified by virtue of an order under this section may, at any time after the expiration of twelve months from the date of the order, and from time to time, apply to the court by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the applicant and his conduct subsequent to the order, the nature of the offence of which he was convicted and any other circumstances of the case, either–

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Provided that where on an application under this section the court directs the variation of the order or refuses the application, a further application shall not be entertained if made within twelve months after the date of the direction or, as the case may be, the refusal.

Production of drivers, etc., and animals.

18. (1) Where proceedings are instituted under this Act against the driver or conductor of any vehicle, it shall be lawful for the court to issue a summons directed to the employer of the driver or conductor as the case may be, requiring him, if it is in his power so to do, to produce the driver or conductor at the hearing of the case, or the vehicle, if necessary, for the inspection of the court.

(2) Where proceedings are instituted under this Act, it shall be lawful for the court to issue a summons directed to the owner or person having the custody of the animal or bird requiring him to produce either at, or at any time before, the hearing of the case, as may be stated in the summons, the animal or bird for the inspection of the court, if such production is possible without cruelty.

(3) Where a summons is issued under subsection (1) or (2), and the employer, owner or person having the custody or control of the animal or bird or any other thing required for the trial of any proceedings, fails to comply therewith without satisfactory excuse, he is guilty of an offence and is liable to a fine at level one on the standard scale for the first occasion, and

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Burden of proof.

19. (1) In any proceedings under this Act the burden of proof shall be upon the owner or person having the custody of any animal or bird in the following cases:–

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(2) The occupier of any house or premises where any animal or bird is kept or permitted to remain shall be presumed to be the owner or person having the custody of such animal or bird.

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Penalty for an offence against this Act.

20. A person who commits any offence against this Act for which no penalty is provided is liable to imprisonment for six months and to a fine at level two on the standard scale.

Penalties for breach of rules.

21. Rules made under the provisions of this Act may provide–

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Power and duties of authorised officers and others.

22. (1) An authorised officer may arrest without warrant any person whom he reasonably suspects of having committed an offence against this Act and who is not ordinarily resident in Gibraltar. Every such person arrested shall be brought before a justice with the least possible delay.

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(1B) An authorised officer may require any person entering Gibraltar with an animal in his control or possession to prove that he holds any import licence, pet passport, veterinary certificate or other permit or document which is required under this Act or the EC Regulation.

(2) Any authorised officer may likewise stop, examine or detain any animal, bird, vehicle, vessel or other thing in respect of which he reasonably suspects that an offence against this Act has been committed and for such purpose may board any vessel or enter any vehicle or enter any premises at any reasonable time.

(3) If any animal or bird (whether an offence is reasonably suspected of having been committed in respect of it or not) found by any authorised officer is reasonably believed by him to be diseased or seriously injured he may likewise detain such animal or bird.

(4) Every vehicle, vessel, animal or bird so detained shall (if it is fit to be moved) be placed in safe control, and if any animal or bird so detained is believed by the authorised officer to be diseased or injured he shall forthwith make a report to the Government veterinary practitioner.

(5) Any expense reasonably incurred in connection with the detention, examination or treatment of any animal or bird under this section (including any fee paid to the Government veterinary practitioner) may be recovered from the owner of the animal or bird summarily as a civil debt.

(6) If the Government veterinary surgeon certifies that any such animal or bird is mortally injured, or so severely injured, or so diseased, or in such physical condition, that it is cruel to keep it alive, it shall be lawful for the Government veterinary practitioner to order that the animal or bird be slaughtered and the body disposed of, without the consent of the owner, in such manner as the Government veterinary surgeon shall direct.

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Seizure of stray animals and birds.

24. (1) Where an authorised officer has reason to believe that any animal or bird found in a public place is a stray animal or bird, he may seize the animal or bird and may impound it until the person by whom it is owned or who has the custody of it has claimed it and paid all prescribed fees and expenses incurred by reason of such detention.

(2) When any animal or bird has been so seized the Environmental Agency shall, if the name and address of its owner or person having the custody of it is known or can be ascertained, cause to be served on such owner or other person, as the case may be, a notice in writing stating that the animal or bird has been so seized and will be liable to be sold or destroyed if not claimed within four working days after service of the notice.

(3) A notice under this section may be served by delivering it to the person to be served or by leaving it or posting it to him, at the address which is known or has been ascertained to be his address.

(4) When any animal or bird so seized has been detained for four working days after the seizure, or, in the case of such a notice as aforesaid having been served, then for four working days after service of the notice, and the owner or person having the custody of the animal or bird has not claimed it and paid all expenses and prescribed fees incurred by reason of its being impounded, the Environmental Agency may cause the animal or bird to be sold or to be destroyed in such manner as to cause as little pain as possible.

(5) Any reasonable expenses involved in the destruction of the animal or bird and in the disposal of its carcass may be recovered from the owner or person having the custody of the animal or bird by the Environmental Agency as a civil debt.

(6) For the purposes of this Act, a dog that is not held by a person by means of an effective lead, whilst in or on any public place, shall be treated as a stray animal.

Finding by persons other than authorised officers.

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Obstructing officers in execution of duties under Act.

25A. A person who wilfully obstructs an authorised officer acting in the execution of his duty under this Act is guilty of an offence and is liable on summary conviction to imprisonment for 3 months and to a fine at level two on the standard scale.

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(bb) prescribing the removal from Gibraltar of any animal or bird which has been illegally imported;

(c) prescribing and regulating the burial, disposal or treatment of carcasses of animals or birds slaughtered under the provisions of any rules made under this Act, or dying while suspected of any disease;

(d) prohibiting or regulating the sending, carrying or disposal of dung or other thing likely to spread disease;

(e) prescribing or regulating the disinfection of any place occupied or filled by an animal or bird detained, impounded or slaughtered, on account of, or suspected of, any disease;

(f) prescribing and regulating the payment and recovery of expenses in respect of animals or birds;

(g) defining the duties of the licensing authority in relation to the registration of dogs and the issue of licences under this Act and any matters connected therewith;

(h) providing for the issue of registration badges and licence discs and prescribing the requirements to be fulfilled by keepers of dogs in relation thereto;

(i) prescribing the particulars to be furnished in relation to dogs upon an application for registration or a licence or otherwise;

(j) exempting any specified description of dogs from the application of any provision of this Act relating to registration or licensing;

(k) prescribing the form of any register, licence, permit, or other document for the purposes of this Act and the fees to be paid in respect of registration or licensing or any matter connected therewith;

(kk) for the purpose of complying with any obligation arising under the Treaties (as defined by the European Communities Act);

(l) generally for carrying the provisions of this Act into effect.

Amendments to Schedule.

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