Powers in relation to animals in distress
s 34
(1) If a registered veterinary surgeon certifies in writing that an animal shall be destroyed, an animal welfare officer may destroy or arrange for the animal to be destroyed where it is or take it to another place for it to be destroyed. (2) Notwithstanding subsection (1), an animal welfare officer may destroy an animal without the certification of a registered veterinary surgeon if it appears to him that— (a) the condition of the animal is such that there is no reasonable alternative to destroy it; or (b) it is not reasonably practicable to get the certification of a registered veterinary surgeon at that time. (3) An animal welfare officer may take an animal into possession if a registered veterinary surgeon certifies that— (a) the animal is suffering; or (b) the animal is likely to suffer if it is not taken into possession. (4) An animal welfare officer may act under subsection (3) without the certificate of a registered veterinary surgeon if it appears to him that the animal is suffering or likely to suffer or is not reasonably practicable to get the certificate from a registered veterinary surgeon at that time. (5) A registered veterinary surgeon or an animal welfare officer may examine and take samples from any animal for the purposes of subsection (1) or (3). (6) If any animal is taken into possession under subsection (3), an animal welfare officer may— (a) remove the animal or arrange for it to be removed, to a safe place; (b) care for the animal or arrange for it to be cared for— (i) at the premises where the animal was placed when it was taken into possession; or (ii) at any other place as the animal welfare officer thinks fit; or (c) mark the animal by using any method or in any manner in accordance with this Act, or arrange for it to be marked, for identification purposes. (7) Any person may use any equipment at the premises referred to in paragraph (6)(b). (8) The registered veterinary surgeon or the animal welfare officer shall notify the owner or licensee if any registered veterinary surgeon or animal welfare officer exercises his powers under this section without the knowledge of the owner or the licensee. (9) The animal welfare officer may make an application to the court for the owner or the licensee to pay any cost and expenses incurred in carrying out his powers under this section. (10) For the purposes of subsections (3) and (4), “possession” includes the possession of the offspring of any animal taken into possession.