Commentary on Sections Chapter 2 – Animal welfare: powers in relation to animals taken into possession Section 21 - Disposal orders where animals taken: restriction of application
139.This section amends section 34 (disposal orders where animal taken) of the 2006 Act.
140.Paragraph (a) amends section 34(4) so as to ensure that every authorised person (defined by new section 32A) is able to make a summary application to the court for a disposal order under section 34(1) (in relation to animals that have been taken into possession under section 32 of the 2006 Act).
141.Paragraph (b) inserts new subsection (4A) into section 34, the effect of which is to prevent any person mentioned in section 34(4) (apart from the owner of the animal, and any other person appearing to the court of have sufficient concern for the animal in question) from seeking a disposal order under section 34 in relation to that animal unless a decision notice cannot be served under section 32C(2). Accordingly, an authorised person must pursue, where possible, the decision notice route under section 32A. But if this is not possible, the authorised person may apply for a disposal order under section 34.
142.Paragraph (c) amends section 34(5) to ensure that every authorised person (defined by new section 32A) is entitled to be heard in relation to an application for a disposal order under section 34.