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DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 45

45.(1) If any person, without lawful authority or excuse, proof whereof shall
lie on him, does any of the following things, he shall be guilty of an offence
against this Act;

(a)if he does anything in contravention of this Act, or of an
order of the Ministry; or

(b)if, where required by this Act or by an order of the Ministry to keep an
animal or bird separate as far as practicable, or to give notice of disease
with all practicable speed, he fails to do so; or

(c)if he fails to give, produce, observe or do any notice, licence, rule or
thing which by this Act, or by an order of the Ministry, he is required to
give, produce, observe, or do; or

(d)if he does anything which by this Act or an order of the Ministry is made
or declared to be not lawful; or

(e)if he does or omits anything, the doing or omission whereof is declared by
this Act or by an order of the Ministry to be an offence by him against
this Act; or

(f)if he refuses to an inspector or other officer, acting in execution of
this Act or of an order of the Ministry, admission to any land, building,
place, vessel, aircraft, pen, vehicle, or boat which the inspector or officer
is entitled to enter or examine, or obstructs or impedes him in so entering or
examining, or otherwise in any respect obstructs or impedes an inspector or
constable or other officer in the execution of his duty, or assists in any
such obstructing or impeding; or

(i)fails to comply with a requirement imposed on him under section 27; or

(ii)in purported compliance with a requirement to furnish information which is
imposed on him under section 27 knowingly or recklessly furnishes information
which is false in a material particular; or]

(g)if he throws or places, or causes or suffers to be thrown or placed, into
or in any river, stream, canal, navigation, or other water, or into or in the
sea within [4.8 kilometres] of the shore, the carcase of an animal or bird
which has died of disease, or been slaughtered as diseased or suspected.

(2) If any person does any of the following things, he shall be guilty of an
offence against this Act:

(a)if, with intent unlawfully to evade this Act or an order of the Ministry,
he does anything for which a licence is requisite under this Act or an
order of the Ministry without having obtained a licence; or

(b)if, where a licence is requisite, having obtained a licence, he, with the
like intent, does the thing licensed after the licence has expired; or

(c)if he uses or offers or attempts to use as such a licence an instrument not
being a complete licence, or an instrument untruly purporting or appearing to
be a licence, unless he shows to the satisfaction of the court that he did not
know of that incompleteness or untruth, and that he could not with reasonable
diligence have obtained knowledge thereof; or

(d)if, with intent unlawfully to evade this Act or an order of the Ministry,
he alters, or falsely makes, or ante-dates, or counterfeits, or offers or
utters, knowing the same to be altered, or falsely made, or ante-dated, or
counterfeited, a licence, declaration, certificate, or instrument made or
issued, or purporting to be made or issued, under or for any purpose of
this Act or of an order of the Ministry; or

(e)if, for the purpose of obtaining a licence, certificate, or instrument, he
makes a declaration or statement false in any material particular, unless he
shows to the satisfaction of the court that he did not know of that falsity,
and that he could not with reasonable diligence have obtained knowledge
thereof; or

(f)if he obtains or endeavours to obtain such a licence, certificate, or
instrument by means of a false pretence, unless he shows to the satisfaction
of the court that he did not know of that falsity, and that he could not with
reasonable diligence have obtained knowledge thereof; or

(g)if he grants or issues such a licence, certificate, or instrument, being
false in any date or other material particular, unless he shows to the
satisfaction of the court that he did not know of that falsity, and that he
could not with reasonable diligence have obtained knowledge thereof, or if he
grants or issues such a licence, certificate, or instrument, having, and
knowing that he has, no lawful authority to grant or issue the same; or

(h)if, with intent unlawfully to evade or defeat this Act or an
order of the Ministry, he grants or issues an instrument being in form a
licence, certificate, or instrument made or issued under this Act or an
order of the Ministry for permitting or regulating the movement of a
particular animal or bird, or the doing of any other particular thing, but
being issued in blank, that is to say, not being before the issue thereof so
filled up as to specify any particular animal, bird or thing; or

(j)if he uses or offers or attempts to use for any purpose of this Act or of
an order of the Ministry, an instrument so issued in blank, unless he shows to
the satisfaction of the court that he did not know of its having been so
issued in blank, and that he could not with reasonable diligence have obtained
knowledge thereof; or

Para.(k) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

(l)if, without lawful authority or excuse, proof whereof shall lie on him, he
digs up, or causes to be dug up, a carcase buried under the direction of the
Ministry or of a [district council] or of a receiver of wreck; or

<(m)if, where the Ministry has by order prohibited, absolutely or conditionally, the use for the carrying of animals, or for any purpose connected therewith, of a vessel, aircraft, vehicle, or pen, or other place, he, without lawful authority or excuse, proof whereof shall lie on him, does anything so prohibited [; or


(n)if in any record or return required by virtue of any provision of this Act
to be kept or made by him, or in any application for compensation made by him
in pursuance of a scheme under section three B, he makes any statement which
is false in a material respect, unless he shows to the satisfaction of the
court that he did not know of, and had no reason to suspect, that falsity and
that he could not with reasonable diligence have obtained knowledge thereof.][

© 1958 Crown Copyright

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