Prevention of Cruelty to Animals (Amendment) Act, 2007 (No. 43 of 2007)

Supplt:1111mt tv Offir...iul Gw:.eui:: Nv, /04 duted 17th Dei;t:mbe,, 2007 Section PREVRNTION OF CRlIBLTY TO ANIMAL$ (AMENDMENT) ACT, 2007 - 43 Arrangement of Sections I. Short title. 2. Amendmentofsection2ofCap.144A. 3. Atnendmentofsection3ofCap.144A. 4. Arnendmentofsection4ofCap.144A. 5. Insertion of section 4A into Cap. 144A. 6. Amendment ofsectioo 5 of Cap. 144A. 7. Amendment of section 8 of Cap. 144A. 8. Atneodmentofsection 13 of Cap. 144A. BARBADOS I assent C. STRAUGHN HUSBANDS Governor-General 13th Dt:c.crn1Jc1, 2007, 2007 - 43 An Act to amend the Prevention ofCr1,1elty to Animals Act. (17th December, 2007). C'ommem:e ENACTED by the Parliament of Barbados as follows: 1. Thir- Act maybe cited as the Prevention of Cn.1elty to Animals (Amendment) Act, 2007. 2. Section 2 of the Prevention of Cruelty to Animals Act, in this Act referred to as the principal Act, is amended by deleting I.he definition of "authorised person" and substituting the following: 11 "authorised personn means a person authorized by the Minister pursuant to section 4A;". ment Short litl<>, Amend• mQn! of section 2 of Cap. 144A. 2 PREVENTION OF CRUE11Y TO ANIMALS (AMENDMENT) A(,'T, 2007 -43 A=ct- 3, Section 3 of the principal Act is amended by deleting sub men t of section (I) and substituting the fulloWlmr: fl6Ct1on 3 of ., -"t.:, Cap. 144A. ~m tro<1ting animals. 3. (1) Anypenion who (a) wauronlyandcruellybeats, ill-treats, starves, over-drives, over-loads, abuses, tortures, infuriate:;, teIDies, ti::nitles, causes unnecessary mutilation or soffering to, or otherwise maltreats an animal; (b) causes or procures to be done an act referred roinparagraph(a); or (r) p~rmit~ i1n l'lt1imaJ to fl;:,, inforiated, teased, terrified, or caused any unnecessary suffering is guilty of an offence and is liable on summary conviction to a finC'i of $1 000 iu rc.sve;c.t of ~1;,;h wtlnud mentivuru in the charge orto imprisonment for a tenn of 12 months or tobolh, Amend, 4. Section 4 of the principal Act •is amended by deleting sub meo , of sections (I), (2) and (3) and substituting therefor, the following: ~cctmn 4 of Cup. 144A (1) Subject to subsection (3). a pcrson who performs an operation onan animal, that affects the sensiti\'C tissue or bone structure of the animal, without the use of the appropriate anaesthetic is guilty ofan offence. (2) The ownc-r or person in cbnrgc of un o.nimul who permits the animal to undergo an operation referred to in subsection (1), k:nowirtgthat the operation would be performed without the appropriate anaesthetic, is guilty of an offence. (3) No offence referred to in subsection (I) is committed where !he operation PREVENTION OF CRUELTY 10 ANIMALS (AMENDMENT) ACT, 2007-43 (u) consLiluLci, the rem.lering of fusL aid. wilhoul anat:~thetic, in emergency circumstances for the purpose of saving the life of the anima] or relieving pain; (b) entails only the administering of an injection or the perfonning of an extract:i~n using a hollow needle; (c) constitutesthecastrationof (i) a sheep under the age of3 months; or (h) a bull, goatorpigwiderthe age of 2 months, (A) using a method other than the application of a rubber ring or device that constricts the flow of blood to th~ scrotum; or (B) using the method ofapplying a rubber ring or device that constricts the flow of blood to the scrotum only within the first week of the animal's life. (d) is a minor operation perfonned by a veterinary surgeon which by reason of its quickness or painlessness is customarily performed without .an .anaesthetic. 5. The principal Act is amended by inserting, immediately after section 4, the following new section as section 4A: Authorised persons. Cap. 166. " 4A. The Minister may by instrument in writing designate any of the following persons as an authorised person: (a) a parish constable appointed under the Parish Constables Act; (b) an (i) Animal Control Officer; (ii) Animal Control Iru,pcctor; 3 Insertion of section 4A into Cap. 144A 4 Amentl menl or $~¢lion 5 of C~p. 144A, PREVENTION OF CRUELTY TO ANIMALS (AMENDMENT) ACT, 2007 - 43 (m) Assistant Control Officer, (iv) Animal Contro!Atrendant I.UlSigned to the Animal Control Unit, Ministry of Ilcaltb, (c) the (i) Senior Agricultural Utt1cer; (Ji) Senior Veterinary Officer; (rii) Veterinary Officer; (iv) SeniorAnima!HealthAssistan~ (v) Animal Health Assistant assigned to the Mirlistry of Agriculture and Rural DovdoJ)Jm::ut; (d) a veterinarysurgeonwhoisregistered as such under Cap 374. the Veterinary Surgeons (Registration) Act; or (e) any other person whom the Minister considers nreessaryto be au authori?,edperson for the purpose of carrying out the provisions of this Ad 11 6, Section 5 of the principal Act is amended by deleting (a) subr.ootion (3) and substituting the following; "(3) An authorised person may seize and take control of an animal that is suffering as a resull of a contravention of this Act."; and PREVENTION OF CRUELTY TO ANIMALS (AMENDMENl) ACT, 2007 -43 (b) subsection ( 6) and substituting the following: "(6) Where in the opinion of a police officer or an authorised person who is not a veteriruny surgeon, an animal is considered to be suffering from serious injury or disease, that autbortsed person shall refer the matter to a veterinary surgeon for a determination of whether the animal should be disposed of."; 7. section 8 of the principal Act is amended by deleting sub~ section (I) and substituting the following: 11(1) Where the conduct of a person results in the wuvictionofthatpemon of an o£fbncc, under :ioction 3 and also in damage or injury to (a) ananimal; (b) apei:son;or (c) anyproperty tho magi.st.rate m:1y, durin,g the proceedings for the triaJ of the case, order that compensation be paid, of an amount detennined by the magistrnte, to the owner of the animal, the person who sustained injury and the person whose property wa$ ®fflagi;:d.". 8. Section 13 of the principal Act is amended by inserting the following new subsections innnediately after subsection (2 ): "(3) A warrant referred to in subsection (I) shall be issued by a Magistrate where (a) the authorised person has presented infonnation on oath setting out the facts on which the warrant is being sought; and (b) the Magistrate is satisfied that sufficient grounds exist for the issue of the warrant. (4) A warrant issued uoder subsection (3) shall on the face ofit specify its duration.". 5 Amend· ment of section 8 of Cap, 144A. Aim:,nd ment of section 13 of C'ap. I44A.