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Be it enacted by being passed by
the Northern Ireland Assembly
and assented to by Her Majesty as follows:
1.--(1)
Article 33 of the Dogs (Northern Ireland) Order 1983
(NI 8) (Powers of court to order destruction of dogs) shall have
effect subject to subsections (2) to (5).
(2) For paragraph (1) there
shall be substituted the following
Paragraphs--
"(1)
Where it appears to a court that a dog has attacked
any
person or has worried livestock, the court shall unless,
having
taken account of all the circumstances, it appears
to the
court that exceptional mitigating factors exist--
(a)
make an order directing the dog to be destroyed; or
(b)
make an order directing the dog to be destroyed
unless
such measures as are specified in the order are
taken
to prevent the dog being a danger to the public
or
to livestock.
(1ZA)
An order under paragraph (1)(b) may include
provision
requiring the dog to be--
(a)
securely fixed with a muzzle sufficient to prevent the
dog
biting any person;
(b)
kept confined in a building, shed, yard or other
enclosure
from which it cannot escape;
(c)
excluded from places specified in the order;
(d)
neutered (if it appears to the court that the dog
is
a male).
(1ZB)
If the Department thinks it desirable to do so, it
may
by order prescribe the kind of muzzle to be used
for
the purpose of complying, in the case of a dog of
any
type, with an order under paragraph (1)(b); and
if
a muzzle of a particular kind is for the time being
prescribed
in relation to any type of dog, the reference
in
paragraph (1ZA) to a muzzle shall, in relation to any
dog
of that type, be construed as a reference to a
muzzle
of that kind.".
(3) For paragraphs (1A) to (2) there shall
be substituted the
following paragraph--
"(1A)
Where a person is convicted of an offence under
Article
25A or of an offence under an order under Article
25B,
the court may make an order directing the dog in
respect
of which the offence was committed to be
destroyed
and shall do so unless the court is satisfied that
that
the dog will not be a danger to the public.".
(4) In paragraph (6), for the words "paragraph
(1), (1A) or (1B)"
substituted the words "paragraph (1)
or (1A)".
(5) For paragraph (7) there shall be substituted
the following
paragraph--
"(7)
Where the court makes an order under this Article
direction
a dog to be destroyed and--
(a)
the owner appeals; or
(b)
in the case of an order under paragraph (1A),
the
convicted person appeals against his conviction.
until
the appeal is determined or abandoned that the order
shall
have effect as if it were an order under paragraph (1)(b)
which
included provision such as is mentioned in paragraph
(1ZA)(b).".
2.--(1) In Article 25C(3) of the Dogs
(Northern Ireland) order
1983 (NI 8) (power of resident magistrate to order destruction of
dog seized under that Article), for the words from "he
may order"
to the end there shall be substituted the following words"--
(a) if the dog is one to which Article 25A applies the
resident
magistrate shall order that unless the dog is
exempted
from the prohibition in paragraph (3) of that
Article
within the period of two months beginning with
the
date of the order the dog shall be destroyed;
(b)
if the dog is not one to which Article 25A applies,
the
resident magistrate may order the destruction of the
dog
and shall do so unless he is satisfied that the dog is
not
a danger to the public.".
(2) Where an order is made under sub-paragraph
(a) of Article
25C(3), Part III of the Dangerous Dogs Compensation and
Exemption Schemes Order (Northern Ireland) 1991 (SR No. 466)
shall have effect as if--
(a)
any reference to 30th November 1991 were a reference
to the expiration of the period of two months beginning
with
the date on which the order under that sub-paragraph
is
made; and
(b)
the fee payable to the district council were a fee of such
amount
as the Department of Agriculture and Rural
Development
may be order made subject to negative
resolution
prescribe.
3.--(1) This Act shall apply in relation
to cases where proceedings
have been instituted before the commencement of sections 1 and 2
(as well as in relation to cases where proceedings have been
instituted after the commencement of those sections).
(2) Where the court has made an order under
paragraph (1) or
(1A) of Article 33 of the Dogs (Northern Ireland) Order 1983
(NI 8) directing a dog to be destroyed but the dog has not been
destroyed before the commencement of section 1, that order shall
cease to have effect and any person may apply to any court for an
order under that paragraph in place of that order.
(3) Where a resident magistrate has under paragraph
(3) of Article
25C of the Dogs (Northern Ireland) Order 1983 ordered the
destruction of a dog to which Article 25A of that Order applies
but
the dog has not been destroyed before the commencement of
section 2, the order under paragraph (3) of Article 26C shall cease
to have effect and any person may apply to any resident magistrate
for an order under that paragraph in place of that order.
4. Article 5 of the Dangerous Dogs (Northern
Ireland) Order 1991
(NI 21) is hereby repealed.
5. Sections 1 to 4 shall come into operation
on the expiration of
two months from the date of Royal Assent.
6. This Act may be cited as the Dogs (Amendment)
Act (Northern
Ireland) 2001.
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