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Impounding other than under Act of 1935.
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5.—(1) In this section “private pound” means a pound which is not a pound provided under the Act of 1935.
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(2) Notwithstanding anything contained in the Act of 1935 or in regulations thereunder, it shall be lawful for any local authority to enter into arrangements for the impounding in a private pound of any animal by a member of the Garda Síochána or by a local authority or; by the Commissioners of Public Works in Ireland.
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(3) The Minister may make regulations for all or any of the following matters in relation to animals impounded in private pounds:—
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(a) the notices to be given or displayed in connection with the impounding of such animals;
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(b) the fees to be paid by the owner of such animals;
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(c) the provision of veterinary services for such animals;
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(d) the transfer of animals so impounded to pounds provided under the Act of 1935;
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(e) the sale, disposal or destruction, pursuant to an order of the local authority in whose functional area the private pound is situated, of animals so impounded of which the owner is unknown or cannot be found and the time after which such sale, disposal or destruction shall take place;
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(f) the sale, disposal or destruction, pursuant to an order of the local authority in whose functional area the private pound is situated, of animals so impounded of which the owner is known, where the owner, on request by the person in charge of the private pound, fails to pay the prescribed fees or to remove the animals from the pound;
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(g) the disposal of any moneys realised by any sale under paragraph (e) or (f);
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(h) the standard to be applied to pounds and to the care of animals therein.
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(4) Any balance of the expenses incurred by a local authority in connection with a private pound within its functional area after deduction of any moneys realised by any sales of animals, of which the owner is unknown or cannot be found, carried out in accordance with regulations made by the Minister under subsection (3) and of fees paid by the owners of animals in accordance with such regulations shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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(5) Any person who does any act (whether of commission or omission) in contravention of any regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment.
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(6) Every person who—
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(a) damages or breaks into any private pound,
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(b) releases from or takes out of any private pound any animals lawfully impounded therein, or
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(c) uses violence, threats or bribes for the purpose of securing the release from or the taking away of any animals lawfully impounded in any private pound,
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shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £750 or to imprisonment for any term not exceeding nine months or, at the discretion of the court, to both such fine and such imprisonment.
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