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STATUTORY INSTRUMENTS
2002 No. 3151 (N.I.5)
The Fur Farming (Prohibition) (Northern Ireland)
Order 2002
Made
17th
December 2002
Coming
into operation in
accordance
with Article 1(2)
Arrangement of Order
1. Title and commencement.
2. Interpretation.
3. Offences relating to fur farming.
4. Forfeiture orders.
5. Effect of forfeiture orders.
6. Powers of entry and enforcement.
7. Compensation for existing business.
At the Court at Buckingham Palace, the 17th day of December 2002
Present,
The Queen's Most Excellent Majesty in Council
whereas the draft of this Order in Council has been
approved by
resolution of each House of Parliament:
Title and commencement
1.--(1) This Order may be cited as the Fur
Farming (Prohibition)
(Northern Ireland) Order 2002.
(2) This Order shall come
into operation on the expiration of two
weeks from the date on which this Order is made.
Interpretation
2. The Interpretation Act (Northern Ireland)
1954 (c. 33) applies
to an Act of the Assembly.
Offences relating to fur farming
3.--(1) A person shall be guilty of an offence
if he keeps animals
solely or primarily--
(a)
for slaughter (whether by himself or another) for the value
of their
fur; or
(b)
for breeding progeny for such slaughter.
(2) A person shall be guilty
of an offence if he knowingly causes or
permits another person to keep animals as mentioned in paragraph
(1).
(3) A reference in this Article
to keep animals for slaughter or to
breeding progeny for slaughter includes keeping or ( as the case
may
be) breeding them for sale for slaughter.
(4) A person who is guilty
of an offence under this Article shall be
liable on summary conviction to a fine not exceeding £20,000.
Forfeiture orders
4.--(1) If a person is convicted of an
offence under Article 3(1) in
respect of animals of a particular description, the court may make
a
forfeiture order in respect of any animals of that description which
are
kept by that person when the order is made or which come into his
keeping during the relevant period.
(2) If a person is convicted
of an offence under Article 3(2) in
respect of animals of a particular description kept by another person,
the court may make a forfeiture order in respect of any animals
of that description which are kept by that other person when the
order is
made or which come into his keeping during the relevant period.
(3) For the purposes of this
Order, a forfeiture order is an order
for the forfeiture and destruction or other disposal of the animals
to
which the order applies (including any subsequent progeny of those
animals).
(4) The court may make a forfeiture
order whether or not it also
deals with the offender in respect of the offence in any other way.
(5) Where--
(a)
the court proposes to make a forfeiture order; and
(b)
a person claiming to have an interest in the animals
concerned
applies to be heard by the court,
the court shall not make the order unless the person
has been given
the opportunity to show cause why the order should not be made.
(6) In this Article "relevant
period" means the period beginning
with the making of the forfeiture order and ending with the destruction
or other disposal of the animals in pursuance of the order.
Effect of forfeiture orders
5.--(1) A forfeiture order operates in relation
to the forfeiture of
animals so as to deprive any person of his rights in those animals.
(2) Any person claiming to
have an interest in the animals concerned
may appeal against a forfeiture order to the county court.
(3) Where the court makes
a forfeiture order, it may in particular--
(a)
appoint a person to carry out the order;
(b)
impose requirements on any person in relation to the keeping
of the
animals concerned pending their destruction or other
disposal;
(c)
order the offender to pay such sum as the court may determine
in respect
of the reasonable expenses of carrying out the order
and,
where he does not keep the animals himself, of keeping
them
pending their destruction or other disposal;
(d)
make such provision as the court considers appropriate in
relation
to the operation of the order pending the making or
determination
of any appeal or application relevant to the order.
(4) Any sum ordered to be
paid under paragraph (3)(c) shall be
treated for the purposes of enforcement as if it were a fine imposed
upon conviction.
Powers of entry and enforcement
6.--(1) A person authorised in writing
by the Department of
Agriculture and Rural Development (whether generally or in a
particular case) may at any reasonable time enter any premises
on which he has reasonable grounds for suspecting that an offence
under Article 3(1) has been or is being committed and may inspect
the premises and any animals or things found there.
(2) A person appointed by
the court under Article 5(3)(a) to
carry out a forfeiture order may at any reasonable time enter any
premises on which he has reasonable grounds for suspecting that
animals to which the order applies are being kept, and carry out
the order.
(3) A person seeking to enter
any premises in the exercise of
his powers under paragraph (1) or (2) shall, if required by or on
behalf of the owner or occupier or person in charge of the premises,
produce evidence of his identity, and of his authority or (as the
case
may be) appointment, before entering.
(4) A person who has entered
any premises in the exercise of his
powers under paragraph (1) or (2) shall, if required as mentioned
in paragraph (3), state in writing his reasons for entering.
(5) A person shall be guilty
of an offence if he intentionally obstructs
or delays any person in the exercise of his powers under paragraph
(1) or (2).
(6) A person who is guilty
of an offence under subsection (5) shall
be liable on summary conviction to a fine not exceeding level 3
on
the standard scale.
(7) In this Article--
"premises"
includes any place but not any private dwelling;
"private
dwelling" means any premises for the time being
used
as a private dwelling excluding any garage, outhouse
or other
structure (whether or not forming part of the same
building
as the premises) which belongs to or is usually
enjoyed with
the premises.
Compensation for existing businesses
7.--(1) The Department of Agriculture and
Rural Development
may by order make a scheme for the making of payments by it to
persons in respect of losses (of any kind) incurred by them as a
result
of ceasing, by reason of the making or coming into operation of
this Order, to carry on their businesses so far as they consist
of
activities prohibited by that Article.
(2) Before making a scheme
under this Article, that Department
shall consult such persons as appear to it to be likely to be entitled
to payments under such scheme and such organisations as appear
it to represent such persons.
(3) A scheme shall, in particular--
(a)
specify the losses in respect of which payments are to be
made;
(b)
specify the businesses in respect of which payments are to
be made;
(c)
specify the basis of valuation for determining losses;
(d)
specify the amounts of payments to be made or the basis
on which
such amounts are to be calculated; and
(e)
provide for the procedure to be followed (including the
time
within which claims must be made and the provision of information)
in respect of claims under the scheme and for
the
determination of such claims.
(4) The scheme shall provide
that payments shall not be made
under the scheme in respect of a business which was first carried
on after a date specified in the scheme.
(5) An order made under paragraph
(1) may provide for any
dispute as to a person's entitlement to payments under the scheme,
or the amount of any such payment, to be determined by the Lands
Tribunal.
(6) Any order made under this
Article shall be subject to negative
resolution.
A. K. Galloway
Clerk of the Privy Council
___________________________________________________________
EXPLANATORY NOTE
(This note is not part of the Order)
This Order prohibits the keeping of animals solely
or primarily for
slaughter for the value of their fur and provides for the making
of
payments in respect of the related closure of certain businesses.
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