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An Act to extend the powers of the courts to disqualify for having custody of animals persons convicted of cruelty to them and to increase the maximum fine for offences of cruelty to animals; and for purposes connected therewith |
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[5th
July 1954]
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1
Power to disqualify persons convicted of cruelty to animals
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(1) [Where a person
has been convicted under the Protection of Animals Act 1911 or the Protection
of Animals (Scotland) Act 1912 of an offence of cruelty to any animal the
court by which he is convicted may], if it thinks fit, in addition to or
in substitution for any other punishment, order him to be disqualified,
for such period as it thinks fit, for having custody of any animal or any
animal of a kind specified in the order.
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(2) A court which
has ordered the disqualification of a person in pursuance of this section
may, if it thinks fit, suspend the operation of the order—
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(a) | for such period
as the court thinks necessary for enabling arrangements to be made for the
custody of any animal or animals to which the disqualification relates;
or
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(b) | pending an appeal.
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(3) A person who
is disqualified by virtue of an order under this section may, at any time
after the expiration of twelve months from the date of the order, and from
time to time apply to the court by which the order was made to remove the
disqualification, and on any such application the court may, as it thinks
proper, having regard to the character of the applicant and his conduct
subsequent to the order, the nature of the offence of which he was convicted,
and any other circumstances of the case, either—
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(a) | direct that,
as from such date as may be specified in the direction, the disqualification
be removed or the order be so varied as to apply only to animals of a kind
specified in the direction; or
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(b) | refuse the application:
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Provided that
where on an application under this section the court directs the variation
of the order or refuses the application, a further application thereunder
shall not be entertained if made within twelve months after the date of
the direction or, as the case may be, the refusal.
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Specified date Specified date: 1 January 1955: see s 4(4). |
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Amendment |
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Para (1): words in square brackets
substituted by the Protection of Animals (Amendment) Act 1988, s 1.
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2 Breach of disqualification
order
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Specified date Specified date: 1 January 1955: see s 4(4). |
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Amendment |
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Maximum fine increased and converted
to a level on the standard scale by the Criminal Justice Act 1982, ss 37,
38, 46.
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3 . . .
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Repealed by the Criminal Law Act
1977, s 65(5), Sch 13, and the Protection of Animals (Amendment) Act 1988,
s 3(2), (3), Schedule.
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4 Interpretation, citation,
extent and commencement
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(1) In this Act—
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(a) | expressions used
have, in relation to England and Wales, the same meanings as in the Protection
of Animals Act 1911, and, in relation to Scotland, the same meaning as in
the Protection of Animals (Scotland) Act 1912; and
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(b) | references to
any enactment shall be construed as references to that enactment as amended
by any other enactment, including this Act.
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(2) This Act may
be cited as the Protection of Animals (Amendment) Act 1954.
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(3) This Act shall
not extend to Northern Ireland.
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(4) This Act shall
come into operation on the first day of January, nineteen hundred and fifty-five.
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Specified date
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