ISPCA Legal Handbook
by Carrie Jane Canniffe B.L., David Burke B.L., Barra Faughnan B.L.
Chapter Three - The Confinement of Animals and the Proper Maintenance of Pounds
General:
Q.1 What is a Pound?
Q.2 What are the basic requirements of a pound?
Q.3 What can a person do when they become aware of an impounded or confined animal which has been left without food or water?
Q.4 Who pays the bills in relation to impounded animals?
Q.5 In general where should an animal be impounded?
Q.6 Are there exceptions to this general rule?
Private Pounds:
Q.7 What is a private pound?
Q.8 Can an animal be taken to a private pound
Q.9 If an animal is taken to a private pound do the Regulations of 1985 apply?
Q.10 What are the general provisions in relation to pounds?
Q.11 Who pays the expenses in relation to local authority public pounds?
Q.12 What are the penalties in relation to a contravention of the regulations under this Act?
Sale of Impounded animals:
Q.13 Can a pound keeper sell the animal in his care?
Q.14 How must such a sale take place?
Q.15 Must there be notification of the sale?
Q.16 What happens to the animal where the sale is unsuccessful?
Q.17 What happens where the animal is suffering?
Q.18 What happens where a person attempts to retrieve his animal from a pound in an unlawful manner?
Q.19 What should an individual do who has impounded an animal in accordance with any of the provisions as aforesaid?
Q.20 What can a person do who has lost an animal, found that it has been impounded, and that it is about to be destroyed?
Q.21 Could a pound keeper refuse to give up the animal to the owner?
Q.22 Who has responsibility for the upkeep of a pound?
Q.23 Should every Local Authority establish and maintain a pound?
Q.24 How does a place become a pound?
Q.25 What can an individual do where he feels that a pound is not being adequately maintained?
Q.26 What can be done where the pound does not have adequate supplies?
Q.27 Who prosecutes offences under the 1935 Act?
Q.28 What can the authorities do where they find an animal wandering in a public place?
In addition to the Protection of Animals Act, 1911 and the Protection of Animals (Amendment) Act, 1965, there are three main pieces of legislation in relation to Pounds, namely the The Pounds (Provision and Maintenance) Act, 1935 which imposes duties on the Local Authorities in relation to the maintenance and upkeep of pounds. Then there is the Animals Act, 1985 which lays down some basic requirements for a pound. The third main statutory provision is the Pounds Regulations 1985 (Statutory Instrument Number 306 of 1985). Between 1938 and 1984 various Regulations in relation to pounds were enacted. However they were all repealed by the Pounds Regulations, 1985
Overview of Chapters of Legal Document | Appendix of Legal Document | Chronological Table of Statutes | Chronological Table of Statutory Instruments | Index of Legal Document
