Impounding Act 1955

52 Destruction of worthless or suffering animals

• (1) Notwithstanding section 46, but subject to subsection (2), if—

  • (a) any Justice, constable, Inspector of Stock, or registered veterinarian (being a person not interested in the matter) certifies in writing that an impounded animal—

    • (i) is so diseased, injured, or sick that it is in a state of continual suffering; or

    • (ii) is of insufficient value to defray the poundage and sustenance fees of keeping the animal during the time prescribed by this Act; and

  • (b) the local authority having jurisdiction over the pound is unable to find the owner of the animal within a reasonable time after the Justice, constable, Inspector of Stock, or registered veterinarian has given such a certificate,—

  the local authority may arrange for the destruction of the animal and the disposal of the carcass in such manner as it thinks fit.

  (2) The local authority may not destroy an impounded animal to which subsection (1)(a)(ii) relates, unless—

  • (a) the local authority has given written notice to the owner of its intention to destroy the animal; and

  • (b) the owner of the animal has not, within 48 hours after the giving of the notice, paid to that local authority all fees, trespass rates, and charges necessary to secure the release of the animal from the pound.

  (3) Any proceeds from the sale of a carcass of an animal destroyed under subsection (1) must be dealt with in the same manner as is provided in sections 54, 55, and 65 in respect of the proceeds of the sale of impounded stock.

  Section 52: replaced, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).