ANIMAL CARE AND PROTECTION ACT 2001 - SECT 109 Procedure for entry with consent

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 109

109 Procedure for entry with consent

(1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 108 (1) (a) .

(2) Before asking for the consent, the officer must tell the occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent; and

(c) that the officer may, under section 108 (1) (c) , enter the place by giving at least 48 hours notice of the proposed entry.

(3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state—

(a) the occupier has been told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) the occupier gives the officer or another authorised officer consent to enter the place and exercise powers under this part; and

(d) the time and date the consent was given.

(5) If the occupier signs the acknowledgment, the officer must promptly give a copy to the occupier.

(6) If—

(a) an issue arises in a proceeding about whether the occupier consented to the entry; and

(b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.