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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 41

Power to detain vessels and aircraft.

41.(1) An inspector shall have, for the purposes of this Act, all the powers
which a constable has, under this Act or otherwise; and those powers shall be
exercisable throughout Northern Ireland.

(2) An inspector may at any time enter any land, building, shed, pen or place

(a)wherein he has reasonable grounds for supposing

(i)that disease exists or has within fifty-six days existed; or

(ii)that the carcase of a diseased or suspected animal or bird is or has been
kept, or has been buried, destroyed, or otherwise disposed of; or

<(iii)that there is to be found any pen, place, vehicle or thing in respect whereof any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Ministry; or


<(iv)that this Act or an order of the Ministry has not been or is not being complied with;


(b)for the purpose of ascertaining whether any disease exists or has within
fifty-six days existed therein.

[(c)xtlf2021which has been imported and the importation of which is prohibited
or regulated by an order under this Act; or

(ii)the use or distribution of which is prescribed and regulated by an order
under this Act; or

(c)the collection, holding or processing of which is prohibited or regulated
by an order under this Act.]

(3) An inspector may at any time, for the purpose of enforcing any order for
protecting animals or poultry from unnecessary suffering, examine animals or
poultry in any circumstances to which the order relates and any receptacle or
vehicle used for their conveyance or exposure for sale, and enter any
premises, vessel, or aircraft in which the inspector has reasonable ground for
supposing that there are animals or poultry exposed for sale, or in course of
conveyance, or packed for conveyance or exposure for sale.

[(4) For the purpose of ascertaining whether the provisions of this Act or any
order of the Department have been or are being complied with, an inspector may
at any time enter any pen, vessel, boat, hovercraft, aircraft or vehicle of
any other description.]

(5) An inspector entering under this section shall, if required by the owner
or occupier or person in charge of the land, building, place, pen, vehicle,
vessel, boat or aircraft, state in writing his reasons for entering.

(6) A certificate of a veterinary inspector to the effect that an animal or
bird is or was affected with a disease specified in the certificate shall, for
the purposes of this Act, be conclusive evidence in all courts of justice of
the matter certified.

(7) An inspector may examine any animals or poultry on or in any land,
building, place, pen, vehicle, vessel, boat or aircraft entered by him under
this section; and the owner of any animals or poultry which may be so examined
shall comply with all reasonable requirements of the inspector and afford all
other reasonable facilities for the purpose of such examination.


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© 1958 Crown Copyright

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