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Animal Health and Welfare (Scotland) Bill
CONSULTATION DRAFT
An Act of the Scottish Parliament to amend the Animal
Health Act 1981, including by making provision for
preventing the spread of disease; to make provision for the
welfare of animals, including for prevention of harm; and
for connected purposes.
Part 1
ANIMAL HEALTH
Powers of slaughter
1 Slaughter for preventing spread of
disease
(1) In the Animal Health Act 1981 (c.22) (in this
Part referred to as the "1981 Act"), after section 32D
there is inserted-
"
32E Slaughter for preventing spread of
disease: Scotland
Schedule 3A to this Act has effect as to the
slaughter of animals in relation to-
(a) cattle plague;
(b) pleuro-pneumonia;
(c) foot-and-mouth disease;
(d) swine-fever;
(e) diseases of poultry; and
(f) such other diseases as are specified
under paragraph 6 of that Schedule.".
(2) After Schedule 3 of that Act there is
inserted-
"SCHEDULE 3A
(introduced by section 32E)
Power of Slaughter for Preventing Spread
of Disease: Scotland
Cattle plague
1 With a view to preventing the spread of cattle
plague, the Scottish Ministers may, if they think
fit, cause any animals to be slaughtered.
Pleuro-pneumonia
2 With a view to preventing the spread of
pleuro-pneumonia, the Scottish Ministers may, if
they think fit, cause any cattle to be
slaughtered.
Foot-and-mouth disease
3 With a view to preventing the spread of
foot-and-mouth disease, the Scottish Ministers may,
if they think fit, cause any animals to be
slaughtered.
Swine-fever
4 With a view to preventing the spread of
swine-fever, the Scottish Ministers may, if they
think fit, cause any swine to be slaughtered.
Diseases of poultry
5 With a view to preventing the spread of
diseases of poultry, the Scottish Ministers may, if
they think fit, cause any animals to be
slaughtered.
Other diseases
6 (1) With a view to preventing the spread of
such other disease as the Scottish Ministers may by
order specify, the Scottish Ministers may, if they
think fit, cause to be slaughtered any animals of
such description as they may so specify.
(2) In this paragraph-
"animals" is not restricted by its
definition in this Act;
"disease" is not restricted by its
definition in this Act.
Exercise of power of slaughter
7 The Scottish Ministers may exercise a power of
slaughter under paragraphs 1 to 6 whether or not
animals-
(a) are affected with the disease or
suspected of being so affected;
(b) are or have been in contact with animals
so affected;
(c) have been in any way exposed to the
disease; or
(d) have been treated with serum or vaccine
(or both) against the disease.
Compensation
8 (1) The Scottish Ministers must pay
compensation, of such amount as they may prescribe
by order, in respect of any animal slaughtered by
virtue of this Schedule.
(2) An order under sub-paragraph (1) may make
different provision for different cases and classes
of case.
Orders
9 (1) No order is made under paragraph 6 unless
a draft of the order has been laid before, and
approved by a resolution of, the Scottish
Parliament.
(2) But where the Scottish Ministers are of the
opinion that there exists-
(a) an outbreak of a disease not specified
in or by virtue of paragraphs 1 to 6; or
(b) some other emergency,
sub-paragraph (1) does not apply in relation to
the making of an order under paragraph 6.
(3) Where sub-paragraph (2) applies, an order
made accordingly (an "emergency order")-
(a) must be laid before the Scottish
Parliament; and
(b) ceases to have effect at the expiry of a
period of 28 days beginning with the date on
which it was made unless, before the expiry of
that period, the order has been approved by a
resolution of the Parliament.
(4) In reckoning for the purposes of
sub-paragraph (3)(b) any period of 28 days, no
account is to be taken of any period during which
the Scottish Parliament is-
(a) dissolved; or
(b) in recess for more than 4 days.
(5) Sub-paragraph (3)(b) is without prejudice to
anything previously done by reference to an
emergency order or to the making of a new emergency
order.
(6) An order under paragraph 6 which-
(a) revokes (wholly or partly) an emergency
order; and
(b) does nothing else, or nothing else
except make provision incidental or
supplementary to the revocation,
is to be laid before the Scottish Parliament
after being made.".
2 Slaughter of treated animals
After section 16A of the 1981 Act there is
inserted-
"
16B Slaughter of treated animals:
Scotland
(1) This section applies to any animal which has
been treated with serum or vaccine (or both) for
the purposes of controlling, or preventing the
spread of-
(a) cattle plague;
(b) pleuro-pneumonia;
(c) foot-and-mouth disease;
(d) swine-fever; or
(e) diseases of poultry.
(2) This section also applies to any animal
which has been treated with serum or vaccine (or
both) for the purposes of controlling, or
preventing the spread of, such other disease as the
Scottish Ministers may by order specify.
(3) The Scottish Ministers may cause to be
slaughtered any animal to which this section
applies.
(4) The power conferred by subsection (3)
extends to the taking of any action-
(a) which is required to enable any such
animal to be slaughtered; or
(b) which is otherwise required in
connection with the slaughter.
(5) The Scottish Ministers must pay
compensation, of such amount as they may prescribe
by order, in respect of any animal slaughtered by
virtue of this section.
(6) An order under subsection (5) may make
different provision for different cases and classes
of case.
(7) No order is made under subsection (2) unless
a draft of the order has been laid before, and
approved by a resolution of, the Scottish
Parliament.
(8) But where the Scottish Ministers are of the
opinion that there exists-
(a) an outbreak of a disease not specified
in or by virtue of subsections (1) or (2);
or
(b) some other emergency,
subsection (7) does not apply in relation to the
making of an order under subsection (2).
(9) Where subsection (8) applies, an order made
accordingly (an "emergency order")-
(a) must be laid before the Scottish
Parliament; and
(b) ceases to have effect at the expiry of a
period of 28 days beginning with the date on
which it was made unless, before the expiry of
that period, the order has been approved by a
resolution of the Parliament.
(10) In reckoning for the purposes of subsection
(9)(b) any period of 28 days, no account is to be
taken of any period during which the Scottish
Parliament is-
(a) dissolved; or
(b) in recess for more than 4 days.
(11) Subsection (9)(b) is without prejudice to
anything previously done by reference to an
emergency order or to the making of a new emergency
order.
(12) An order under subsection (2) which-
(a) revokes (wholly or partly) an emergency
order; and
(b) does nothing else, or nothing else
except make provision incidental or
supplementary to the revocation,
is to be laid before the Scottish Parliament
after being made.
(13) In subsection (2)-
"animal" is not restricted by its definition
in this Act;
"disease" is not restricted by its
definition in this Act.".
Prevention of the spread of disease
3 Biosecurity codes
After section 6B of the 1981 Act there is
inserted-
"
6C Biosecurity codes: Scotland
(1) The Scottish Ministers may make an order
containing a code (referred to in this section as a
"biosecurity code") which makes provision for the
taking of, and in relation to, the measures
specified in subsection (2).
(2) Those are measures ("biosecurity measures")
for assessing, preventing, controlling and
minimising the spread of causative agents of
disease-
(a) between animals; or
(b) between animals and humans.
(3) In subsection (2), the reference to
causative agents includes any virus, bacterium and
any other organism or infectious substance which
may cause or transmit disease.
(4) A biosecurity code may relate solely to one,
or more than one-
(a) kind of animal; or
(b) disease.
(5) A biosecurity code may include guidance as
to the best practicable means of taking biosecurity
measures.
(6) A biosecurity code may-
(a) prescribe general requirements to which
persons to whom the code applies are
subject;
(b) prescribe particular requirements to
which such persons are, in such circumstances
as are specified in the code, subject; and
(c) specify circumstances in which any
person is to be regarded for the purposes of
this section as complying with, or (as the case
may be) not complying with, any requirements
prescribed under paragraphs (a) or (b).
(7) A biosecurity code may make different
provision for different cases or classes of
case.
(8) A biosecurity code applies, to the extent
provided for in the code, to any person who owns,
keeps or is in charge of any animal in relation to
which the code is made.
(9) A person must, to the extent to which a
biosecurity code applies to him, comply with the
code.
(10) A person who is subject to a requirement
prescribed under subsection (6)(a) or (b) commits
an offence if, without lawful authority or excuse
(proof of which lies on him), he fails to comply
with the requirement.
(11) Before making an order under subsection
(1), the Scottish Ministers must consult such
persons as they consider appropriate about the
proposed biosecurity code.
(12) A statutory instrument containing an order
under subsection (1) is not made unless a draft of
the instrument has been laid before, and approved
by a resolution of, the Scottish Parliament.
(13) In this section-
"animals" is not restricted by its
definition in this Act;
"disease" is not restricted by its
definition in this Act.
6D Emergency biosecurity orders:
Scotland
(1) Where the Scottish Ministers are of the
opinion that there exists-
(a) an outbreak of a disease specified in
Schedule 2B to this Act; or
(b) some other emergency,
subsections (11) and (12) of section 6C do not
apply in relation to the making of an order under
subsection (1) of that section.
(2) Where subsection (1) applies, an order made
accordingly (an "emergency order")-
(a) must be laid before the Scottish
Parliament; and
(b) ceases to have effect at the expiry of a
period of 28 days beginning with the date on
which it was made unless, before the expiry of
that period, the order has been approved by a
resolution of the Parliament.
(3) In reckoning for the purposes of subsection
(2)(b) any period of 28 days, no account is to be
taken of any period during which the Scottish
Parliament is-
(a) dissolved; or
(b) in recess for more than 4 days.
(4) Subsection (2)(b) is without prejudice to
anything previously done by reference to an
emergency order or to the making of a new emergency
order.
(5) An order under section 6C(1) which-
(a) revokes (wholly or partly) an emergency
order; and
(b) does nothing else, or nothing else
except make provision incidental or
supplementary to the revocation,
is to be laid before the Scottish Parliament
after being made.".
4 Animal gatherings
After section 6D (inserted by section 3 of this Act)
of the 1981 Act there is inserted-
"
6E Animal gatherings: Scotland
(1) The Scottish Ministers may by order make
provision for or in connection with the licensing
by them, or by other persons on their behalf,
of-
(a) the holding of animal gatherings;
and
(b) the carrying on by any person (in this
section referred to as a "dealer") of an
activity involving-
(i) the buying or selling of animals;
or
(ii) acting as an intermediary in the
buying or selling of animals,
at, or in relation to, an animal
gathering.
(2) But, for the purposes of subsection (1)(b),
a person carrying on such an activity is not a
dealer if he was responsible for the breeding or
rearing of the animals concerned.
(3) In this section, an "animal gathering" means
an occasion at which animals are brought together
for one or more of the following purposes-
(a) a sale, show or exhibition;
(b) onward consignment within Great
Britain;
(c) inspection to confirm that the animals
possess specific breed characteristics.
(4) But, for the purposes of subsection (3), an
occasion is not an animal gathering if-
(a) all the animals involved are owned by
the same person;
(b) the occasion-
(i) takes place on land in respect of
which more than one person has a right of
use; and
(ii) involves animals all of which are
owned by persons who have a right of use of
the land.
(5) An order under subsection (1) must be with a
view to the control and prevention of-
(a) disease; or
(b) the spread of disease.
(6) An order under subsection (1) may, in
particular, include provision as to-
(a) the procedure to be followed in relation
to an application for a licence;
(b) any considerations to be taken into
account in determining an application;
(c) the duration and renewal of a
licence;
(d) conditions that must or may be imposed
on granting or renewing a licence;
(e) requirements to be imposed on any person
attending an animal gathering;
(f) restrictions to be imposed at the
premises following an animal gathering;
(g) circumstances in which a licence (or any
of the conditions imposed in relation to the
licence) must or may be revoked or
suspended;
(h) requirements for notification of any
granting, renewal, revocation, suspension or
variation of a licence;
(i) the inspection of premises-
(i) where animal gatherings may take, or
are taking or have taken, place;
(ii) used by a dealer in relation to a
licence,
for the purpose of ensuring compliance with
any condition of a licence;
(j) the inspection of-
(i) premises used;
(ii) vehicles used to transport animals;
and
(iii) equipment used,
in connection with an animal gathering;
(k) requirements or restrictions to be
imposed in relation to premises used for or in
connection with an animal gathering; and
(l) appeals in connection with licences.
(7) A person commits an offence if, without
reasonable excuse (proof of which lies on him),
he-
(a) is responsible for the holding of an
animal gathering for which a licence is
required by virtue of an order made under
subsection (1); or
(b) carries on the activities of a dealer
for which a licence is so required,
without holding a licence granted in accordance
with the order.
(8) A person who holds a licence in accordance
with an order made under subsection (1) commits an
offence if, without reasonable excuse (proof of
which lies on him), he contravenes any condition of
the licence.
(9) A statutory instrument containing an order
under subsection (1) is subject to annulment in
pursuance of a resolution of the Scottish
Parliament.
(10) An order under subsection (1) may make
different provision for different cases or classes
of case.
(11) In this section-
"premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure;
and
"vehicle" includes-
(a) a trailer, a semi-trailer or other
thing which is designed or adapted to be
towed by another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure
designed or adapted to be carried by or on
a vehicle.".
5 Tests and samples
After section 6E (inserted by section 4 of this Act)
of the 1981 Act there is inserted-
"
6F Tests and samples: Scotland
(1) An inspector may at any time enter any
premises in Scotland for the purpose of
ascertaining (any or all)-
(a) whether disease anti-bodies exist in
animals on the premises;
(b) whether any animal on the premises or
which was kept there at any time is, or was at
the time it was so kept, infected with
disease;
(c) whether any causative agent of disease
is present on the premises.
(2) The inspector may take such samples
(including samples from any animal on the premises)
and carry out such tests as he thinks are necessary
for a purpose mentioned in subsection (1).
(3) In subsection (1)-
"disease" is not restricted by its
definition in this Act;
"inspector" means-
(a) a person appointed as an inspector
for the purposes of this Act by the
Scottish Ministers; or
(b) a person authorised by the Scottish
Ministers for those purposes;
"premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure;
and
"causative agent" includes any virus,
bacterium and any other organism or infectious
substance which may cause or transmit
disease.
(4) In subsection (3), "vehicle" includes-
(a) a trailer, a semi-trailer or other thing
which is designed or adapted to be towed by
another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure designed
or adapted to be carried by or on a
vehicle.".
6 Treatment
(1) In subsection (1) of section 16 of the 1981 Act,
after the word "of" where it first occurs there is
inserted "controlling disease or".
(2) After that subsection, there is inserted-
"(1A) For the purpose of controlling disease or
preventing the spread of disease, the Scottish
Ministers may, if they think fit, cause to be
treated with serum or vaccine, or with both serum
and vaccine, any bird or animal.".
(3) In subsection (2) of that section-
(a) for the words "officer of the Minister"
there is substituted "inspector"; and
(b) for the words from "land" to the end there
is substituted "premises".
(4) After that subsection there is added-
"(3) In this section-
"inspector" means-
(a) a person appointed as an inspector
for the purposes of this Act by the
Scottish Ministers; or
(b) a person authorised by the Scottish
Ministers for those purposes;
"premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure;
and
"vehicle" includes-
(a) a trailer, a semi-trailer or other
thing which is designed or adapted to be
towed by another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure
designed or adapted to be carried by or on
a vehicle.".
7 Specified diseases
(1) After section 28E (inserted by section 9 of this
Act) of the 1981 Act there is inserted-
"
28F Specified diseases:
Scotland
(1) Schedule 2B to this Act has effect as to the
specification of certain diseases.
(2) The Scottish Ministers may by order modify
Schedule 2B.
(3) Any order made under subsection (2)-
(a) must be laid before the Scottish
Parliament; and
(b) ceases to have effect at the expiry of a
period of 28 days beginning with the date on
which it was made unless, before the expiry of
that period, the order has been approved by a
resolution of the Parliament.
(4) In reckoning for the purposes of subsection
(3)(b) any period of 28 days, no account is to be
taken of any period during which the Scottish
Parliament is-
(a) dissolved; or
(b) in recess for more than 4 days.
(5) Subsection (3)(b) is without prejudice to
anything previously done by reference to a
modification made by an order under subsection (2)
or to the making of a new order under that
subsection.
(6) In this section, "disease" is not restricted
by its definition in this Act.".
(2) After Schedule 2A of that Act there is
inserted-
"SCHEDULE 2B
(introduced by section 28F)
Specified diseases: Scotland
African horse sickness
African swine fever
Highly pathogenic avian influenza
Bluetongue
Classical swine fever
Contagious bovine pleuropneumonia
Foot-and-mouth disease
Lumpy skin disease
Newcastle disease
Peste des petits ruminants
Rift Valley fever
Rinderpest
Sheep pox and goat pox
Swine vesicular disease
Vesicular stomatitis.".
8 Seizure and disposal of carcases
etc.
After section 36 of the 1981 Act there is
inserted-
"36ZA Seizure and disposal of carcases
etc.: further provision for Scotland
(1) The Scottish Ministers may by order make
provision for-
(a) the seizure of anything (whether animate
or inanimate) by or by means of which it
appears to them that any disease to which this
subsection applies might be carried or
transmitted;
(b) the destruction, burial, disposal or
treatment of anything seized under the order;
and
(c) regulating the matters mentioned in
paragraphs (a) and (b).
(2) Subsection (1) does not authorise provision
for the seizure of an animal; but an order under
that subsection may provide for the seizure of
carcases and of anything obtained from or produced
by an animal.
(3) Subsection (1) applies to the diseases in
the case of which any power of slaughter is
exercisable under section 16B, Part 2B or Schedule
3A.
(4) A person commits an offence if, without
lawful authority or excuse (proof of which shall
lie on him), he throws or places, or causes or
suffers to be thrown or placed, into-
(a) any river, stream, canal, navigation or
other water; or
(b) the sea within 4.8 kilometres of the
shore,
the carcase of, or anything obtained from or
produced by, an animal which has been slaughtered
in the exercise of any power under section 16B,
Part 2B or Schedule 3A.
36ZB Compensation for seizure
(1) The Scottish Ministers must pay compensation
for-
(a) anything seized under an order made
under section 36ZA(1) in connection with
foot-and-mouth disease;
(b) anything seized under such an order in
connection with any other disease to which
section 36ZA(1) applies.
(2) But subsection (1)(b) does not apply to-
(a) carcases seized; or
(b) other things seized which are obtained
from or produced by animals or birds.
(3) The Scottish Ministers may by order provide
for the payment by the Scottish Ministers of
compensation for-
(a) carcases seized under an order made
under section 36ZA(1); and
(b) other things seized under such an order
which are obtained from or produced by animals
or birds.
(4) But subsection (3) does not apply to
carcases, or other things, seized in connection
with foot-and-mouth disease or fowl pest.
(5) The compensation payable under subsection
(1) or (3) for anything seized shall be its value
at the time of seizure.
(6) Where anything destroyed, buried or disposed
of under an order made under paragraph (e) of
section 23 could have been seized under an order
made under section 36ZA(1), compensation (if any)
is payable under subsections (1) or (3) as if the
thing had been so seized at the time of
destruction, burial or disposal.
(7) The Scottish Ministers may make such orders
as they think fit for-
(a) prescribing how the value of anything
seized under section 36ZA(1) is to be
ascertained; or
(b) regulating applications for, and the
mode of payment of, any compensation payable by
virtue of this section.".
Deliberate infection of animals
9 Deliberate infection of animals
After section 28B of the 1981 Act there is
inserted-
"
28C Deliberate infection:
Scotland
(1) A person commits an offence if, without
lawful authority or excuse (proof of which shall
lie on him), that person knowingly does anything
which causes or is intended to cause an animal to
be infected with a disease specified in Schedule 2B
to this Act.
(2) A person commits an offence if, without
lawful authority or excuse (proof of which shall
lie on him), that person acquires or takes
possession of-
(a) an animal; or
(b) the carcase of an animal,
which he knows or reasonably suspects to be
infected with a disease specified in Schedule 2B to
this Act.
(3) A person commits an offence if, without
lawful authority or excuse (proof of which shall
lie on him), that person acquires or takes
possession of anything obtained from, produced by
or used in connection with-
(a) an animal; or
(b) the carcase of an animal,
which he knows or reasonably suspects to be
infected with a disease specified in Schedule 2B to
this Act.
28D Deliberate infection:
disqualification
(1) Where a person is convicted of an offence
under section 28C the court may make an order (in
this section referred to as a 'disqualification
order') disqualifying that person, for such period
as it thinks fit, from keeping or dealing in-
(a) any animals; or
(b) any animals of a specified kind.
(2) A disqualification order may specify a
period within which an application under subsection
(4) may not be made.
(3) The court may suspend the operation of the
order-
(a) for such period as it thinks necessary
to enable arrangements to be made for the
keeping of any animals to which the
disqualification relates;
(b) pending an appeal.
(4) A person who is subject to a
disqualification order may apply to the court which
imposed the order to remove or vary it.
(5) An application under subsection (4) may not
be made-
(a) before the expiry of the period of one
year beginning with the date on which the order
was made;
(b) where there has been a previous
application under that subsection in relation
to the same order, before the expiry of the
period of one year beginning with the date on
which the previous application was determined;
or
(c) within any period specified under
subsection (2) or (8).
(6) On an application under subsection (4), the
court may-
(a) refuse the application;
(b) remove the disqualification;
(c) reduce the period of the
disqualification; or
(d) vary the disqualification to apply it
only to such animals or kind of animals as it
specifies.
(7) In considering an application under
subsection (4), the court may have regard to-
(a) the nature of the offence in respect to
which the disqualification was imposed;
(b) the character of the applicant;
(c) the conduct of the applicant since the
disqualification was imposed.
(8) Where the court refuses an application made
under subsection (4), the court may specify a
period within which the applicant may not make a
further application under that subsection in
relation to that order.
(9) For the purposes of this section, keeping or
dealing in an animal includes-
(a) owning an animal;
(b) having custody or control of an
animal;
(c) being concerned in the management or
control of a body (whether or not incorporated)
whose activities include keeping or dealing in
animals.
28E Deliberate infection: deprivation
of entitlement to compensation
(1) Where a person is convicted of an offence
under section 28C(1), any provision of this Act by
virtue of which compensation is payable to the
person in respect of animals does not apply in
respect of animals to which this subsection
applies.
(2) Subsection (1) applies to-
(a) animals to which that offence relates;
and
(b) any other animals-
(i) kept on the same premises at the
same time (or any part of the time) as the
animals referred to in paragraph (a) were
kept; and
(ii) in relation to which compensation
would be payable but for this section.
(3) Any compensation paid to a person in respect
of animals to which subsection (1) applies may be
recovered by the Scottish Ministers.".
Particular provision for
TSE
10 Livestock genotypes: identification,
breeding and slaughter
After Part 2A of the 1981 Act there is inserted-
"
Part 2B
TSE: Scotland
Livestock genotypes
36N Power to specify susceptible livestock
genotypes
Where, in the opinion of the Scottish Ministers, a
livestock genotype is capable of-
(a) being infected by a form of
TSE; or
(b) becoming a carrier of a form of
TSE,
the Scottish Ministers may by order specify, for the
purposes of this Part, the livestock genotype and, if
they consider it appropriate, the form of
TSE concerned.
36O Ascertaining genotypes and identifying
livestock
(1) The Scottish Ministers may by regulations make
provision requiring the keeper of any livestock-
(a) to allow an inspector to take a sample from
it, for the purpose of ascertaining its
genotype;
(b) to allow an inspector to administer or
otherwise attach to it an identification
device;
(c) where the genotype of the livestock has been
ascertained (whether or not as a result of the
exercise of powers conferred by this Part), to keep
a record of its genotype.
(2) The regulations may, in particular-
(a) provide that only identification devices of
a kind specified in the regulations may be
administered or attached;
(b) make provision as to the assistance which an
inspector may require the keeper to give to
him;
(c) make provision with respect to the testing
of samples;
(d) require the issuing and keeping of
certificates recording the genotypes of
livestock.
36P Restrictions on breeding
(1) This section applies where it appears to the
Scottish Ministers that livestock is of a genotype
specified in an order under section 36N.
(2) The Scottish Ministers must consider whether
there are exceptional circumstances that justify
allowing the livestock to be used for breeding.
(3) If it appears to the Scottish Ministers that
allowing the livestock, or its semen, eggs or embryos,
to be used for or in connection with breeding would not
be justified, they must give a notice (in this Part
referred to as a "restriction notice") to its
keeper.
(4) A restriction notice-
(a) may be made so as to apply to more than one
creature;
(b) may describe the livestock to which it
applies in such a way as the Scottish Ministers
consider appropriate; and
(c) must specify the restrictions and
requirements provided for in subsections (7) to
(9).
(5) If the keeper of the livestock is not the same
person as its owner, the Scottish Ministers may give a
separate restriction notice to the owner.
(6) If the keeper of the livestock is not the same
person as the person in possession of the semen, eggs
or embryos of the livestock, the Scottish Ministers may
give a separate restriction notice to the person in
possession of the semen, eggs or embryos.
(7) A person to whom a restriction notice is given
must not-
(a) use livestock to which the notice applies,
or its semen, eggs or embryos, for purposes of or
in connection with breeding; or
(b) cause or permit such livestock or such
semen, eggs or embryos to be used by another person
for those purposes.
(8) A person to whom a restriction notice is given
must arrange for any semen, egg or embryo which-
(a) has at any time been taken from livestock to
which the notice applies: and
(b) is in the person's possession or under the
person's control,
to be destroyed within such period, of not less than
21 days, as may be specified in the notice.
(9) A person to whom a restriction notice is given
must arrange for each creature to which the notice
applies-
(a) to be castrated or (as appropriate)
sterilised within such period, of not less than 21
days, as may be specified in the notice; or
(b) to be slaughtered within such period, of not
less than 21 days, as may be specified in the
notice,
whichever the person considers appropriate.
(10) But where a request for a review is made under
section 36Q(1), the operation of the restriction notice
is, so far as relating to the matters subject to
review, suspended until the review is determined.
(11) For the purposes of subsection (2), exceptional
circumstances include circumstances in which the
imposition in relation to the livestock of the
restrictions and requirements mentioned in subsections
(7) to (9) is likely to-
(a) cause the extinction of the breed or type of
which the livestock is a member; or
(b) jeopardise the sustainability of a common or
well-established breed.
(12) For the purposes of this Part, "slaughter"
includes the killing of a fish.
36Q Review
(1) A person to whom a restriction notice is given
may, within the period referred to in subsection
(2)-
(a) make a written request to the Scottish
Ministers for a review of the restriction notice or
any part of it;
(b) make written representations to the Scottish
Ministers; and
(c) request an appearance, for the purposes of
the review, before an assessment panel.
(2) The period is-
(a) 21 days beginning with the day on which the
notice is given; or
(b) in exceptional circumstances, such longer
period as the Scottish Ministers may agree to.
(3) Where a person requests an appearance before an
assessment panel-
(a) the Scottish Ministers must arrange for an
assessment panel to hear the person's
representations;
(b) the panel must not, except with the consent
of the person, include members of the staff of the
Scottish Administration; and
(c) if the person so requests, the hearing must
be in public.
(4) The assessment panel-
(a) is to conduct the hearing in such form and
manner as the panel considers fit; and
(b) must prepare and send a report to the
Scottish Ministers which-
(i) states findings of fact; and
(ii) makes a recommendation as to how to
determine the review.
(5) The Scottish Ministers, having regard to the
written representations made under subsection (1)(b)
and any report sent to them under subsection (4)(b),
must-
(a) determine the review; and
(b) give to the person written notification of
their determination and their reasons for it.
(6) If a person who has appeared before an
assessment panel so requests, the Scottish Ministers
must provide the person with a copy of the report sent
to them under subsection (4)(b).
(7) The Scottish Ministers may recover from the
person such reasonable expenses arising from any
sampling or testing that were carried out in relation
to an unsuccessful review.
(8) In this section, an "assessment panel" consists
of one or more persons appointed by the Scottish
Ministers for the purposes of this section.
Enforcement
36R Scottish Ministers' powers of
enforcement
(1) This section applies if the Scottish Ministers
are satisfied that a person to whom a restriction
notice has been given has failed to comply with one or
more of the restrictions or requirements imposed on
that person by the notice.
(2) But this section does not apply in relation to
any livestock-
(a) which is the subject of a review under
section 36Q which has not been determined; or
(b) which, as the result of a successful review,
is no longer subject to the restriction notice.
(3) The Scottish Ministers may take such reasonable
steps as they consider appropriate to secure that
effect is given to the restriction or requirement.
(4) In particular, the Scottish Ministers may-
(a) cause to be destroyed any semen, egg or
embryo which has not been destroyed as required by
section 36P(8);
(b) cause to be castrated (or as appropriate
sterilised) or slaughtered any livestock-
(i) which is the subject of the notice;
but
(ii) which has neither been castrated (or as
appropriate sterilised) nor slaughtered within
the period specified for that purpose in the
notice.
36S Offences
(1) A person to whom a restriction notice is given
commits an offence (whether or not the notice is the
subject of a review under section 36Q) if he-
(a) sells (or otherwise transfers to another
person) livestock to which the notice applies, or
any of its semen, eggs or embryos;
(b) fails, without reasonable excuse (proof
which lies on him) to comply with any of the
restrictions or requirements specified in the
notice.
(2) Any other person commits an offence if he uses
any semen, egg or embryo which he knows, or has
reasonable cause to believe, has been taken from
livestock which is the subject of a restriction
notice.
(3) A person commits an offence if, without
reasonable excuse (proof of which lies on him), he
fails to comply with any provision of regulations made
under section 36O.
(4) A person who gives false or misleading
information with the intention of obstructing or
impeding an inspector (or any person assisting an
inspector) in the execution of his functions under this
Part is to be regarded as obstructing or impeding for
the purposes of section 66(c).
Powers of slaughter
36T Powers of slaughter:
TSE
(1) With a view to-
(a) preventing the spread of;
(b) controlling; or
(c) eliminating,
any form of
TSE, the Scottish Ministers may, if
they think fit, cause any livestock to which this
subsection applies to be slaughtered.
(2) Subsection (1) applies to livestock-
(a) whose genotype is specified by virtue of
section 36N; and
(b) in relation to whose genotype the form of
TSE concerned is so
specified.
(3) Subsection (1) also applies to livestock whose
genotype is not ascertained because-
(a) it is not reasonable in the circumstances,
by reason of urgency or otherwise, to seek to
ascertain the genotype; or
(b) the genotype cannot, in the absence for the
time being of scientific knowledge, established
method or otherwise, reasonably be ascertained.
Powers of entry
36U Powers of entry
(1) An inspector may enter any premises in Scotland
for the purpose of-
(a) ascertaining whether a power conferred by or
under this Part should be exercised; or
(b) doing anything in pursuance of the exercise
of that power.
(2) An inspector acting under subsection (1) must,
if required, produce evidence of his authority.
Compensation
36V Compensation
(1) The Scottish Ministers must pay compensation, of
such amount as they may prescribe by order, in respect
of-
(a) any livestock slaughtered, or other thing
destroyed, in accordance with a restriction
notice;
(b) any livestock slaughtered, or other thing
destroyed, by virtue of section 36R;
(c) any livestock slaughtered by virtue of
section 36T(1).
(2) An order under subsection (1) may make different
provision for different cases and classes of case.
General
36W Orders and Regulations
(1) A power to make an order or regulations under
this Part is exercisable by statutory instrument.
(2) Any such statutory instrument is subject to
annulment in pursuance of a resolution of the Scottish
Parliament.
36X Interpretation
In this Part-
"keeper", in relation to an animal, includes the
owner of the animal;
"inspector" means
(a) a person appointed as an inspector for
the purposes of this Act by the Scottish
Ministers; or
(b) a person authorised by the Scottish
Ministers for those purposes;
"livestock" means-
(a) any creature, including a fish, which is
kept, fattened or bred for the production of
food, wool, skin or fur;
(b) any creature, other than a dog, which is
kept for use in the farming of land; and
(c) any equine animal;
"premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure;
"vehicle" includes-
(a) a trailer, a semi-trailer or other thing
which is designed or adapted to be towed by
another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure designed
or adapted to be carried by or on a vehicle;
and
"
TSE" means transmissible
spongiform encephalopathy.".
Powers of entry etc.
11 Powers of entry etc.
After section 62F of the 1981 Act there is
inserted-
"
62G Powers of entry: Scotland
(1) An inspector may enter any premises in
Scotland for the purpose of-
(a) ascertaining whether a power conferred
by or under any provision mentioned in
subsection (2) should be exercised; or
(b) doing anything in pursuance of the
exercise of that power.
(2) The provisions are-
(a) section 16B;
(b) section 32;
(c) Schedule 3;
(d) Schedule 3A,
of this Act.
(3) An inspector acting under subsection (1)
must, if required, produce evidence of his
authority.
(4) Where any power of entry conferred on an
inspector by this Act is exercised in relation to
premises used exclusively as a dwelling-house, 24
hours' notice of the intended entry is to be given
to the occupier unless the case is one of
urgency.
(5) Any power of entry conferred on an inspector
by this Act must be exercised at a reasonable hour
unless the inspector thinks the case is one of
urgency.
(6) In this section and sections 62H and 62I, an
"inspector" means-
(a) a person appointed as an inspector for
the purposes of this Act by the Scottish
Ministers; or
(b) a person authorised by the Scottish
Ministers for those purposes.
(7) In this section and sections 62H and 62I,
"premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure.
(8) In subsection (7), "vehicle" includes-
(a) a trailer, a semi-trailer or other thing
which is designed or adapted to be towed by
another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure designed
or adapted to be carried by or on a
vehicle.
62H Warrants
(1) If a sheriff or justice of the peace is
satisfied by evidence on oath that-
(a) the first condition is satisfied;
and
(b) either the second or the third condition
is satisfied,
he may issue a warrant authorising an inspector
to enter (if necessary using reasonable force) any
premises in Scotland for the purpose mentioned in
subsection (2).
(2) The purpose is that of-
(a) ascertaining whether a power conferred
by or under this Act should be exercised;
or
(b) doing anything in pursuance of the
exercise of that power.
(3) The evidence must include-
(a) a statement as to whether any
representations have been made by the occupier
of the premises to an inspector concerning the
purpose for which the warrant is sought;
(b) a summary of any such
representations.
(4) The first condition is that there are
reasonable grounds for an inspector to enter the
premises for that purpose.
(5) The second condition is that each of the
following applies-
(a) the occupier has been informed of the
decision to seek entry to the premises and of
the reasons for that decision;
(b) the occupier has failed to allow entry
to the premises on being requested to do so by
an inspector; and
(c) the occupier has been informed of the
intention to apply for the warrant.
(6) The third condition is that-
(a) that the premises are unoccupied or the
occupier appears to be absent and (in either
case) notice of intention to apply for the
warrant has been left in a conspicuous place on
the premises; or
(b) the object of entering would be defeated
if the occupier were requested to allow entry
or informed of an intention to apply for a
warrant.
(7) A warrant issued under this section must be
executed at a reasonable hour unless the inspector
thinks the case is one of urgency.
(8) A warrant issued under this section remains
in force for one month starting with the date of
its grant.
62I Entry and warrants:
supplementary
(1) This section applies to an inspector who
enters any premises by virtue of a power conferred
on him by or under this Act or under a warrant
under section 62H.
(2) The inspector may take with him-
(a) such other persons as he thinks
necessary to give him such assistance as he
thinks necessary;
(b) such equipment as he thinks
necessary.
(3) The inspector may require any person on the
premises who falls within subsection (4) to give
him such assistance as he may reasonably
require.
(4) The following persons fall within this
subsection-
(a) the occupier of the premises;
(b) a person appearing to the inspector to
have charge of animals on the premises;
(c) a person appearing to the inspector to
be under the direction or control of a person
mentioned in paragraph (a) or (b).
(5) If the inspector enters any premises by
virtue of a warrant issued under section 62H he
must at the time of entry-
(a) serve a copy of the warrant on the
occupier of the premises; or
(b) if the occupier is not on the premises,
leave a copy of the warrant in a conspicuous
place on the premises.
(6) If the inspector enters any unoccupied
premises he must leave them as effectively secured
against entry as he found them.".
12 Inspection of vehicles
After section 65A of the 1981 Act there is
inserted-
"
65B Inspection of vehicles:
Scotland
(1) If each of the conditions in subsection (2)
is satisfied, an inspector may stop, detain and
inspect any vehicle to ascertain whether the
provisions of any of the following are being
complied with-
(a) this Act;
(b) an order under this Act;
(c) a regulation of a local authority made
in pursuance of such an order.
(2) The conditions are-
(a) that the vehicle is in an infected place
or area;
(b) that the inspector is accompanied by a
constable in uniform.
(3) In this section, a "vehicle" includes-
(a) a trailer, a semi-trailer or other thing
which is designed or adapted to be towed by
another vehicle;
(b) anything on a vehicle;
(c) a detachable part of a vehicle;
(d) a container or other structure designed
or adapted to be carried by or on a
vehicle.".
Offences: penalties and time limits
13 Offences: penalties and time
limits
For section 75 of the 1981 Act there is
substituted-
"
75 Penalties and time limits for certain
offences: Scotland
(1) This section applies to any offence under
this Act for which no penalty is specified by any
other provision of this Act.
(2) A person guilty of an offence to which this
section applies is liable on summary conviction to
imprisonment for a term not exceeding six months or
to a fine not exceeding level 5 on the standard
scale or to both.
(3) Proceedings for an offence to which this
section applies may be brought within the period of
6 months from the date on which evidence sufficient
in the opinion of the prosecutor to warrant the
proceedings came to the prosecutor's knowledge.
(4) No such proceedings may be brought more than
3 years-
(a) after the commission of the offence;
or
(b) in the case of an offence involving a
continuous contravention, after the last date
on which the offence was committed.
(5) It shall be competent in a prosecution of an
offence involving a continuous contravention to
include the entire period during which the
contravention occurred.
(6) For the purposes of this section proceedings
shall be deemed to be commenced on the date on
which a warrant to apprehend or to cite the accused
is granted provided that the warrant is executed
without undue delay.
(7) A certificate signed by or on behalf of the
prosecutor and stating the date on which such
evidence came to the prosecutor's knowledge is
conclusive evidence of that fact; and a certificate
stating that matter and purporting to be so signed
is to be treated as being so signed unless the
contrary is proved.".
Part 2
ANIMAL WELFARE
Introductory
14 Animals to which this Part
applies
(1) In this Part, "animal" means a vertebrate other
than man.
(2) But this Part does not apply to an animal while
it is in its foetal or embryonic form.
(3) The Scottish Ministers may by regulations-
(a) make provision which-
(i) extends the definition of "animal" so as
to include invertebrates of any description;
and
(ii) applies instead of subsection (2) as
respects any invertebrate so included; or
(b) amend subsection (2) so as to extend the
application of such provisions of this Part as are
specified in the regulations to an animal from such
earlier stage of its development as is so
specified.
(4) The powers conferred by subsection (3) are
exercisable only if the Scottish Ministers are
satisfied, on the basis of scientific evidence, that
creatures of the kind concerned are capable of
experiencing pain or suffering.
(5) In this section, "vertebrate" means any creature
of the Sub-phylum Vertebrata of the Phylum Chordata;
and "invertebrate" means any creature not of that
Sub-phylum.
15 Protected animals
In this Part, an animal is a "protected animal" if
it is-
(a) of a kind which is commonly domesticated in
the British Islands;
(b) under the control of man whether on a
permanent or temporary basis; or
(c) not living in a wild state.
16 Responsibility for animals
(1) In this Part, references to a person responsible
for an animal are to a person responsible for an animal
whether on a permanent or temporary basis.
(2) In this Part, references to being responsible
for an animal include being in charge of it.
(3) For the purposes of this Part, a person who owns
an animal is always to be regarded as being a person
who is responsible for it.
(4) For the purposes of this Part, a person is to be
regarded as responsible for any animal for which a
person under the age of 16 years, of whom the person
has actual care and control, is responsible.
(5) For the purposes of this Part, a person does not
relinquish responsibility of an animal by reason only
of abandoning it.
Prevention of harm
17 Unnecessary suffering
(1) A person commits an offence if-
(a) the person causes a protected animal
unnecessary suffering by an act or omission;
and
(b) the person knew, or ought reasonably to have
known, that the act or omission would have caused
the suffering or be likely to do so.
(2) A person who is responsible for an animal
commits an offence if-
(a) another person causes the animal unnecessary
suffering by an act or omission; and
(b) that person responsible for the animal-
(i) permits that to happen; or
(ii) fails to take such steps (whether by
way of supervising the other person or
otherwise) as are reasonable in the
circumstances to prevent that happening.
(3) The considerations to which regard is to be had
in determining, for the purposes of subsections (1) and
(2), whether suffering is unnecessary include-
(a) whether the suffering could reasonably have
been avoided or reduced;
(b) whether the conduct concerned was in
compliance with any relevant enactment or any
relevant provisions of a licence or code of
practice issued under an enactment;
(c) whether the conduct concerned was for a
legitimate purpose, for example-
(i) the purpose of benefiting the animal;
or
(ii) the purpose of protecting a person,
property or another animal;
(d) whether the suffering was proportionate to
the purpose of the conduct concerned;
(e) whether the conduct concerned was in the
circumstances that of a reasonably competent and
humane person.
(4) This section does not apply to the destruction
of an animal in an appropriate and humane manner.
18 Mutilation
(1) A person commits an offence if the person-
(a) carries out a prohibited procedure on a
protected animal; or
(b) causes a prohibited procedure to be carried
out on a protected animal.
(2) A person who is responsible for an animal
commits an offence if-
(a) another person carries out a prohibited
procedure on the animal; and
(b) that person responsible for the animal-
(i) permits that to happen; or
(ii) fails to take such steps (whether by
way of supervising the other person or
otherwise) as are reasonable in the
circumstances to prevent that happening.
(3) Subsections (1) and (2) do not apply in such
circumstances as the Scottish Ministers may by
regulations specify.
(4) In this section, references to the carrying out
of a prohibited procedure on an animal are to the
carrying out of a procedure, otherwise than for the
purpose of medical treatment of the animal, which
involves interference with the sensitive tissues or
bone structure of the animal.
19 Cruel operations
(1) A person commits an offence if the person
performs an operation on a protected animal without due
care and humanity.
(2) A person who is responsible for an animal
commits an offence if-
(a) another person performs an operation on the
animal without due care and humanity; and
(b) that person responsible for the animal-
(i) permits that to happen; or
(ii) fails to take such steps (whether by
way of supervising the other person or
otherwise) as are reasonable in the
circumstances to prevent that happening.
20 Administration of poisons etc.
(1) A person commits an offence if, without lawful
authority or reasonable excuse, the person-
(a) administers any poisonous or injurious drug
or substance to a protected animal; or
(b) causes any poisonous or injurious drug or
substance to be taken by a protected animal,
and the person knows the drug to be poisonous or
injurious.
(2) A person who is responsible for an animal
commits an offence if-
(a) without lawful authority or reasonable
excuse, another person-
(i) administers a poisonous or injurious
drug or substance to the animal; or
(ii) causes the animal to take such a drug
or substance; and
(b) that person responsible for the animal-
(i) permits that to happen; or
(ii) knowing the drug or substance to be
poisonous or injurious, fails to take such
steps (whether by way of supervising the other
person or otherwise) as are reasonable in the
circumstances to prevent that happening.
(3) In this section, references to a poisonous or
injurious drug or substance include a drug or substance
which, by virtue of the quantity or manner in which it
is administered or taken, has the effect of a poisonous
or injurious drug or substance.
21 Animal fights
(1) A person commits an offence if the person-
(a) keeps or trains an animal for an animal
fight; or
(b) possesses, intending it to be used at an
animal fight, any equipment which is designed or
adapted for use at an animal fight.
(2) A person commits an offence if the person-
(a) arranges an animal fight;
(b) knowingly participates in making, or
carrying out, arrangements for an animal fight
(including allowing premises to be used for, or
charging admission to attend, an animal fight);
(c) makes or accepts a bet on the outcome of an
animal fight or on the likelihood of anything
occurring (or not occurring) in the course of an
animal fight; or
(d) takes part in an animal fight.
(3) A person commits an offence if, without lawful
authority or reasonable excuse, the person is present
at an animal fight.
(4) Any reference in this Part to an animal in
relation to which an offence was committed includes, in
the case of an offence under this section, an animal
involved in the animal fight concerned.
(5) In this section, an "animal fight" is an
occasion on which a protected animal is placed with an
animal, or with a human, for the purpose of fighting,
wrestling or baiting.
Promotion of welfare
22 Ensuring welfare of animals
(1) A person commits an offence if the person does
not take such steps as are reasonable in the
circumstances to ensure that the needs of an animal for
which the person is responsible are met to the extent
required by good practice.
(2) The circumstances to which, for the purposes of
subsection (1), regard is to be had include-
(a) any lawful purpose for which the animal is
kept; and
(b) any lawful activity undertaken in relation
to the animal.
(3) For the purposes of subsection (1), an animal's
needs include-
(a) its need for a suitable environment;
(b) its need for a suitable diet;
(c) its need to be able to exhibit normal
behaviour patterns;
(d) any need it has to be housed with, or apart
from, other animals; and
(e) its need to be protected from pain,
suffering, injury and disease.
(4) This section does not apply to the destruction
of an animal in an appropriate and humane manner.
23 Provision for ensuring welfare
(1) The Scottish Ministers may by regulations make
provision for the purposes of, and in connection with,
ensuring the welfare of-
(a) animals for which a person is responsible;
and
(b) the offspring of such animals.
(2) Regulations under subsection (1) may
include-
(a) provision prescribing general or specific
requirements or prohibitions;
(b) provision for enforcement, other than by way
of proceedings for an offence, of provisions of the
regulations;
(c) provision-
(i) that breach of a provision of the
regulations is an offence; and
(ii) for penalties as respects the
offence;
(d) provision for and in connection with
post-conviction orders (whether by reference to
sections 35 to 40 or otherwise) in relation to an
offence under the regulations;
(e) provision conferring on persons of a
specified description powers of entry, search,
inspection and seizure in connection with breaches
(and suspected breaches) of provisions of the
regulations;
(f) provision-
(i) that obstructing a person in the
exercise of a power conferred by the
regulations is an offence; and
(ii) for penalties as respects the offence;
and
(g) provision (whether or not subject to
specified conditions) for exemptions from, or
qualification to, any requirements, prohibitions or
offences provided for in the regulations.
(3) For the purpose of subsection (2), requirements
and prohibitions may, in particular, relate to-
(a) the prevention of unnecessary suffering;
(b) the way in which animals are looked after
and the conditions in which they are kept;
(c) the identification of animals (whether by
use of marks, microchips or otherwise);
(d) the breeding and rearing of animals;
(e) how animals are transported;
(f) how animals are prepared for killing and are
killed;
(g) hygiene and prevention of disease and the
spread of disease; and
(h) the keeping of records.
(4) Regulations under subsection (1) may make
provision for fees or other charges in relation to the
exercise of functions under the regulations.
(5) Before making regulations under subsection (1),
the Scottish Ministers must consult-
(a) such persons appearing to them to represent
any relevant interests; and
(b) such other persons,
as they consider appropriate.
24 Licensing etc. of activities involving
animals
(1) The Scottish Ministers may by regulations
prohibit the carrying on, without the authority of a
licence for the purpose, of an activity which-
(a) involves animals for which a person is
responsible; and
(b) is specified in the regulations.
(2) The Scottish Ministers may by regulations
prohibit the carrying on, without the authority of
registration for the purpose, of an activity which-
(a) involves animals for which a person is
responsible; and
(b) is specified in the regulations.
(3) Regulations under subsection (1) or (2) must be
for the purposes of ensuring the welfare of animals and
their offspring.
(4) Regulations under subsection (1) or (2) may
include-
(a) provision for enforcement, other than by way
of proceedings for an offence, of provisions of the
regulations;
(b) provision-
(i) that breach of a provision of the
regulations is an offence; and
(ii) for penalties as respects the
offence;
(c) provision for and in connection with
post-conviction orders (whether by reference to
sections 35 to 40 or otherwise) in relation to an
offence under the regulations;
(d) provision conferring on persons of a
specified description powers of entry, search,
inspection and seizure in connection with breaches
(and suspected breaches) of provisions of the
regulations;
(e) provision-
(i) that obstructing a person in the
exercise of a power conferred by the
regulations is an offence; and
(ii) for penalties as respects the offence;
and
(f) provision (whether or not subject to
specified conditions) for exemptions from, or
qualification to, an offence under the
regulations.
(5) The Scottish Ministers may by regulations make
provision about-
(a) licences for the purposes of subsection (1);
and
(b) registration for the purposes of subsection
(2).
(6) Such provision may, in particular, relate
to-
(a) procedures for-
(i) applying for licences or (as the case
may be) registration; and
(ii) granting and refusing applications;
(b) any-
(i) qualifications required to be held by
applicants for licences or (as the case may be)
registration; and
(ii) other matters to be taken into account
when considering applications for licences or
(as the case may be) registration;
(c) conditions of licences or (as the case may
be) registration;
(d) suspension and revocation of licences or (as
the case may be) registration in specified
circumstances; and
(e) appeals in connection with the matters
mentioned in paragraphs (a) to (d).
(7) Regulations under subsection (5)(a) may
include-
(a) provision for enforcement, other than by way
of proceedings for an offence, of provisions of
licences;
(b) provision-
(i) that contravention of a condition of a
licence is an offence; and
(ii) for penalties as respects the
offence;
(c) provision for and in connection with
post-conviction orders (whether by reference to
sections 35 to 40 or otherwise) in relation to an
offence under the regulations; and
(d) provision conferring on persons of a
specified description powers of entry, search,
inspection and seizure in connection with
contraventions (and suspected contraventions) of
provisions of licences.
(8) Regulations under subsection (1), (2) or (5) may
make provision for fees or other charges in relation to
the exercise of functions under the regulations.
(9) Before making regulations under subsection (1),
(2) or (5), the Scottish Ministers must consult-
(a) such persons appearing to them to represent
any relevant interests; and
(b) such other persons,
as they consider appropriate.
25 Prohibition on keeping certain
animals
(1) The Scottish Ministers may by regulations
prohibit the keeping at-
(a) domestic premises; or
(b) other premises,
of any animals of a kind specified in the
regulations.
(2) For the purposes of subsection (1)(b), "other
premises" means premises of such other type as are
described in the regulations.
(3) Regulations under subsection (1) must be for the
purposes of ensuring the welfare of animals.
(4) Regulations under subsection (1) may
include-
(a) provision for enforcement, other than by way
of proceedings for an offence, of provisions of the
regulations;
(b) provision-
(i) that breach of a provision of the
regulations is an offence; and
(ii) for penalties as respects the
offence;
(c) provision for and in connection with
post-conviction orders (whether by reference to
sections 35 to 40 or otherwise) in relation to an
offence under the regulations;
(d) provision conferring on persons of a
specified description powers of entry, search,
inspection and seizure in connection with breaches
(and suspected breaches) of provisions of the
regulations;
(e) provision-
(i) that obstructing a person in the
exercise of a power conferred by the
regulations is an offence; and
(ii) for penalties as respects the offence;
and
(f) provision (whether or not subject to
specified conditions) for exemptions from, or
qualification to, an offence under the
regulations.
26 Abandonment
(1) A person commits an offence if the person
abandons an animal for which the person is
responsible.
(2) A person commits an offence if the person leaves
an animal for which the person is responsible and,
without reasonable excuse, fails to make adequate
provision for its welfare.
(3) The considerations to which regard is to be had
in determining, for the purposes of subsection (2),
whether such provision has been made include-
(a) the kind of animal concerned and its age and
state of health;
(b) the length of time for which it is, or has
been, left; and
(c) what it reasonably requires by way of-
(i) food and water; and
(ii) shelter and warmth.
27 Sale of animals to children
(1) A person commits an offence if the person sells
an animal to another person whom the person has
reasonable cause to believe to be under the age of 16
years.
(2) For the purposes of this section, selling an
animal includes transferring, or agreeing to transfer,
ownership of the animal in consideration of entry by
the transferee into another transaction.
28 Giving animals as prizes
(1) A person commits an offence if the person gives
an animal to another person as a prize.
(2) Subsection (1) does not apply where the prize is
given in a family context.
Animals in distress
29 Taking possession of animals
(1) An inspector or a constable may, if it appears
that a protected animal is suffering-
(a) take; or
(b) arrange for the taking of,
such steps, except that of destroying the animal, as
appear to be immediately necessary to alleviate the
animal's suffering.
(2) If a veterinary surgeon certifies that a
protected animal is-
(a) suffering; or
(b) likely to suffer if its circumstances do not
change,
an inspector or a constable may take possession of
the animal.
(3) But an inspector or a constable may take that
step, or arrange for the taking of that step, without
the certification of a veterinary surgeon if-
(a) it appears that the animal is-
(i) suffering; or
(ii) likely to suffer if its circumstances
do not change; and
(b) it is reasonable in the circumstances not to
seek the assistance of, or wait for, a veterinary
surgeon.
(4) Where possession is taken of an animal under
subsection (2) or (3), an inspector or a constable
may-
(a) remove the animal, or arrange for it to be
removed, to a place of safety; or
(b) care for the animal, or arrange for it to be
cared for-
(i) at the place where it was found; or
(ii) at such other place as the inspector or
constable considers appropriate,
and, in either case, use (or arrange to have used) a
mark, microchip or another method for identifying
it.
(5) An inspector or a constable may, in acting under
subsection (4)(b)(i), make use of any equipment found
at the place.
(6) A veterinary surgeon may examine, and take
samples from, an animal for the purpose of determining
its condition for the purposes of subsection (2).
(7) In considering, for the purposes of subsection
(2) or (3), whether an animal is likely to suffer if
its circumstances do not change, account may be taken
of any suffering of other animals that are (or were
recently) subject to similar circumstances at the same
place.
(8) Any expenses reasonably incurred by an inspector
or a constable in consequence of acting under this
section are to be reimbursed by the owner or any other
person responsible for the animal concerned.
(9) This section is without prejudice to-
(a) the ability of an inspector or a constable
to take possession of an animal with the consent of
its owner or of any other person who is responsible
for it; and
(b) any other authority for taking possession of
an animal.
30 Order for release of animals
taken
(1) The court may order that any animal taken into
possession under section 29 be given up to a person
specified in the order.
(2) An order under subsection (1) may be made on
summary application by-
(a) the owner of the animal; or
(b) any other person appearing to the court to
have a sufficient interest in the animal.
(3) A person is entitled to be heard in relation to
an application for an order under subsection (1) if the
person is the applicant or (if different)-
(a) the owner of the animal;
(b) an inspector;
(c) a constable who-
(i) took the animal into possession under
section 29; or
(ii) is caring for, or has arranged for the
care of, the animal under that section; or
(d) a person-
(i) with whom an arrangement for the care of
the animal has been made under that section;
and
(ii) who is authorised by the Scottish
Ministers to be heard in relation to the
application.
(4) In determining whether to make an order under
subsection (1), the court must have regard to the
desirability of-
(a) protecting the value of any animal to which
the order applies; and
(b) avoiding increasing any expenses which a
person may be ordered to reimburse.
31 Other orders relating to animals
taken
(1) The court may, in relation to any animal taken
into possession under section 29, order-
(a) that specified treatment be administered to
the animal; or
(b) that the animal be-
(i) destroyed;
(ii) sold; or
(iii) disposed of in another manner.
(2) An order under subsection (1) may include-
(a) provision-
(i) appointing a person who is to secure
that the order is carried out; and
(ii) for reimbursement of any expenses
reasonably incurred in carrying out the order;
and
(b) such other provision as the court considers
appropriate in connection with the order.
(3) An order under subsection (1) may be made on
summary application by-
(a) the owner of the animal;
(b) an inspector;
(c) a constable who-
(i) took the animal into possession under
section 29; or
(ii) is caring for, or has arranged for the
care of, the animal under that section;
(d) a person-
(i) with whom an arrangement for the care of
the animal has been made under that section;
and
(ii) who is authorised by the Scottish
Ministers to make the application; or
(e) any other person appearing to the court to
have a sufficient interest in the animal.
(4) An inspector must, if an application for an
order under subsection (1) is not made by another
person within 14 days of the date on which the animal
was taken into possession under section 29, make an
application under subsection (3)(b).
(5) A person is entitled to be heard in relation to
an application for an order under subsection (1) if the
person is the applicant or (if different)-
(a) a person mentioned in subsection (3)(a) to
(c); or
(b) a person-
(i) with whom an arrangement for the care of
the animal has been made under section 29;
and
(ii) who is authorised by the Scottish
Ministers to be heard in relation to the
application.
(6) Before making an order under subsection (1), the
court must give the owner of the animal an opportunity
to make representations unless it is not practicable
for it to do so.
(7) In determining whether or how to make an order
under subsection (1), the court must have regard to the
desirability of-
(a) protecting the value of any animal to which
the order may apply; and
(b) avoiding increasing any costs which a person
may be ordered to reimburse.
(8) If an owner of an animal is subject to any
liability by virtue of-
(a) section 29(8); or
(b) subsection (2)(a)(ii),
any sum which the owner is due as a result of sale
of the animal under this section may be used to offset
the liability.
32 Resort to destruction of
animals
(1) If a veterinary surgeon certifies that the
condition of a protected animal is such that it is
appropriate that it be destroyed, an inspector or a
constable may-
(a) destroy the animal where it is or take it
elsewhere and destroy it there; or
(b) arrange for the taking of any of those
steps.
(2) But an inspector or a constable may take, or
arrange for the taking of, any of those steps without
the certification of a veterinary surgeon if-
(a) it appears the condition of the animal is
such that there is no reasonable alternative to
destroying it; and
(b) it is reasonable in the circumstances not to
seek the assistance of, or wait for, a veterinary
surgeon.
(3) Any other person may, without authority, destroy
a protected animal where it is if-
(a) the circumstances are exceptional;
(b) it appears that the condition of the animal
is such that there is no reasonable alternative to
destroying it;
(c) it is reasonable in the circumstances not to
seek the assistance of, or wait for, an inspector,
a constable or a veterinary surgeon; and
(d) the person is, without such assistance, able
to take that step in an appropriate and humane
manner.
(4) Where a person destroys an animal under
subsection (3), the person must, as soon as
practicable, inform an inspector or a constable of that
fact.
(5) A veterinary surgeon may examine, and take
samples from, an animal for the purpose of determining
its condition for the purposes of subsection (1).
(6) Any expenses reasonably incurred by an inspector
or a constable in consequence of acting under this
section may be recovered from the owner or any other
person responsible for the animal concerned.
Welfare bodies and codes
33 Animal welfare bodies
(1) The Scottish Ministers may by regulations-
(a) establish a body with the function of
providing advice to-
(i) the Scottish Ministers; and
(ii) such other persons as the Scottish
Ministers may direct,
on such matters concerning the welfare of
animals as may be specified in the regulations;
and
(b) make such provision for the purposes of and
in connection with the establishment and operation
of the body as the Scottish Ministers consider
appropriate.
(2) The Scottish Ministers may by regulations make
provision for facilitating or improving co-ordination
among bodies which have functions relating to the
welfare of animals.
34 Animal welfare codes
(1) The Scottish Ministers may make codes of
practice for the purpose of providing practical
guidance in respect of any provision made by this Part
or by regulations under this Part.
(2) Before making a code of practice under
subsection (1) (in this section referred to as an
"animal welfare code"), the Scottish Ministers must
consult-
(a) such persons appearing to them to represent
any relevant interests; and
(b) such other persons,
as they consider appropriate.
(3) An animal welfare code-
(a) requires to be laid before, and approved by
resolution of, the Scottish Parliament; and
(b) comes into effect on such date after its
approval under paragraph (a) as is specified in the
code.
(4) An animal welfare code may-
(a) make different provision for different cases
or class of case;
(b) revise a previous code.
(5) The Scottish Ministers may revoke, with such
transitional or saving provision as they consider to be
necessary or expedient, any animal welfare code.
(6) The Scottish Ministers must, in such manner and
to such extent as they consider appropriate, publicise
any animal welfare code.
(7) A person's failure to comply with a provision of
an animal welfare code does not of itself render the
person liable to proceedings of any kind.
(8) In any proceedings for an offence under this
Part, or under regulations made under section 23 or
24-
(a) failure to comply with a relevant provision
of an animal welfare code may be relied upon as
tending to establish liability; and
(b) compliance with a relevant provision of an
animal welfare code may be relied upon as tending
to negative liability.
Post-conviction orders
35 Deprivation orders
(1) Where a person is convicted of a relevant
offence, the court may make an order (in this Part
referred to as a "deprivation order") in respect of any
animal in relation to which the offence was
committed.
(2) A deprivation order is an order-
(a) depriving a person of ownership of an
animal; and
(b) for the destruction or other disposal of the
animal.
(3) A deprivation order may make provision in
respect of any dependent offspring of an animal to
which it applies.
(4) A deprivation order may include-
(a) provision-
(i) appointing a person who is to secure
that the order is carried out; and
(ii) requiring any person possessing an
animal to which the order applies to give it up
to a person appointed under sub-paragraph
(i);
(b) provision authorising-
(i) a person appointed under paragraph
(a)(i); and
(ii) any person acting on that person's
behalf,
to enter, for the purposes of securing that the
order is carried out, any premises where an animal
to which the order applies is kept; and
(c) such other provision as the court considers
appropriate in connection with the order.
(5) Provision under subsection (4)(c) may, in
particular-
(a) specify the manner in which an animal is to
be disposed of; and
(b) delegate the decision about the manner in
which an animal is to be disposed of to a person
appointed under subsection (4)(a)(i).
(6) A deprivation order may not be made unless the
court is satisfied that the carrying out of the order
would be in the interests of each animal to which it
applies.
(7) Before making a deprivation order, the court
must give the owner of the animal concerned an
opportunity to make representations unless it is not
practicable for it to do so.
(8) Where the court decides not to make a
deprivation order in relation to a relevant offence,
the court must state its reasons except where the court
imposes a disqualification order in relation to the
offence.
(9) In this section, a "relevant offence" is-
(a) any offence under sections 17 to 21;
(b) any offence under section 22; and
(c) any offence under section 37(6) committed by
reason of owning an animal in breach of a
disqualification order.
36 Destruction orders
(1) Where a person is convicted of a relevant
offence, the court may make an order (in this Part
referred to as a "destruction order") in respect of any
animal in relation to which the offence was
committed.
(2) A destruction order is an order for the
destruction of an animal.
(3) A destruction order may include-
(a) provision-
(i) appointing a person who is to secure
that the order is carried out;
(ii) requiring any person possessing an
animal to which the order applies to give it up
to a person appointed under sub-paragraph (i);
and
(iii) requiring the offender to reimburse
any expenses reasonably incurred in carrying
out the order;
(b) provision authorising-
(i) a person appointed under paragraph
(a)(i); and
(ii) any person acting on that person's
behalf,
to enter, for the purposes of securing that the
order is carried out, any premises where an animal
to which the order applies is kept; and
(c) such other provision (including provision as
to the keeping of the animal until it is destroyed)
as the court considers appropriate in connection
with the order.
(4) Except in relation to an offence under section
21, a destruction order may not be made unless the
court is satisfied, on the basis of evidence given by a
veterinary surgeon, that the carrying out of the order
would be in the interests of each animal to which it
applies.
(5) Before making a destruction order, the court
must give the owner of the animal concerned an
opportunity to make representations unless it is not
practicable for it to do so.
(6) In this section, a "relevant offence" is-
(a) any offence under sections 17 to 21; and
(b) any offence under section 22.
37 Disqualification orders
(1) Where a person is convicted of a relevant
offence, the court may make an order (in this Part
referred to as a "disqualification order") which
imposes on the person one or more of the
disqualifications specified in subsection (2).
(2) Those are-
(a) disqualification from-
(i) owning animals;
(ii) keeping, and participating in the
keeping of, animals; and
(iii) being party to arrangements under
which the keeping of animals may be controlled
or influenced;
(b) disqualification from dealing in animals;
and
(c) disqualification from transporting, and
arranging for the transport of, animals.
(3) A disqualification order may relate to animals
generally or to animals of particular kinds.
(4) A disqualification order-
(a) has effect for such period as may be
specified in the order; and
(b) may specify a period within which an
application under section 39(1) for termination of
the order may not be made.
(5) Where the court decides not to make a
disqualification order in relation to a relevant
offence, the court must state its reasons.
(6) A person who breaches a disqualification order
commits an offence.
(7) In this section, a "relevant offence" is-
(a) any offence under sections 17 to 21; and
(b) any offence under section 22.
38 Breach of disqualification: seizure
orders
(1) Where a person is convicted of an offence under
section 37(6) by reason of owning or keeping an animal
in breach of a disqualification order, the court may
make an order (in this Part referred to as a "seizure
order") in respect of all animals which the person owns
or keeps in breach of the disqualification order.
(2) Where it appears to the court that a person who
is subject to a disqualification order owns or keeps
any animal in breach of the order, the court may make
an order (in this Part referred to as a "seizure
order") in respect of all animals which the person owns
or keeps in breach of the disqualification order.
(3) A seizure order may be made under subsection
(2)-
(a) on summary application by-
(i) an inspector; or
(ii) a procurator fiscal; and
(b) even if proceedings have not been, or are
not being or are not likely to be, taken against
the person for an offence under section 37(6).
(4) A seizure order is an order for the taking of an
animal from a person and-
(a) if the animal is owned by the person, for
the destruction or other disposal of the animal;
or
(b) if the animal is not owned by the person,
for dealing with the animal in such manner as the
court considers appropriate.
(5) A seizure order may include-
(a) provision-
(i) appointing a person who is to secure
that the order is carried out;
(ii) requiring any person possessing an
animal to which the order applies to give it up
to a person appointed under sub-paragraph
(i);
(iii) requiring the person who is subject to
the relevant disqualification, or another
person, to reimburse any expenses reasonably
incurred in carrying out the order;
(b) provision authorising-
(i) a person appointed under paragraph
(a)(i); and
(ii) any person acting on that person's
behalf,
to enter, for the purposes of securing that the
order is carried out, any premises where an animal
to which the order applies is kept; and
(c) such other provision as the court considers
appropriate in connection with the order.
(6) Provision under subsection (5)(c) may, in
particular-
(a) specify the manner in which an animal is to
be disposed of; and
(b) delegate the decision about the manner in
which an animal is to be disposed of to a person
appointed under subsection (5)(a)(i).
(7) Before making a seizure order, the court must
give the owner of the animals concerned an opportunity
to make representations unless it is not practicable
for it to do so.
(8) In determining whether to make a seizure order,
the court must have regard to the desirability of-
(a) protecting the value of any animal to which
the order applies; and
(b) avoiding increasing any expenses which a
person may be ordered to reimburse.
39 Termination of disqualification
(1) A person who is subject to a disqualification
order may, by summary application, request the court to
terminate or vary the order.
(2) An application under subsection (1) may not be
made-
(a) before the expiry of the period of one year
beginning with the date on which the order was
made;
(b) where there has been a previous application
under that subsection in relation to the same
order, before the expiry of the period of one year
beginning with the date on which the previous
application was determined; or
(c) within any period specified under-
(i) section 37(4)(b); or
(ii) subsection (5).
(3) On an application under subsection (1), the
court may-
(a) refuse the application;
(b) terminate the disqualification order; or
(c) vary the disqualification order so as to
relax any disqualification imposed by it.
(4) In considering the application, the court must
have regard to-
(a) the character of the applicant;
(b) the applicant's conduct since the
disqualification order was made; and
(c) such other matters as the court considers to
be relevant.
(5) Where the court refuses an application made
under subsection (1), the court may specify a period
within which the applicant may not make a further
application under that subsection in relation to the
same order.
40 Appeals against orders
(1) Where an order to which this subsection applies
is made, any person who has an interest in any animal
to which the order applies may, within 7 days of the
making of the order, appeal to the High Court of
Justiciary against the order.
(2) The operation of an order to which this
subsection applies is suspended until-
(a) the period for appeal against the order has
expired;
(b) any period for appeal against the conviction
on which the order depends has expired; and
(c) any appeal against the order or that
conviction has been withdrawn or finally
determined.
(3) Subsections (1) and (2) apply to any-
(a) deprivation order;
(b) destruction order; and
(c) seizure order.
(4) Where the operation of an order is suspended
under subsection (2), the court may make an order under
this subsection containing such provision as the court
considers appropriate in relation to any animal to
which the suspended order applies.
(5) An order under subsection (4) may, in
particular, make-
(a) provision-
(i) appointing a person who is to secure
that the order is carried out;
(ii) requiring any person possessing an
animal to which the order applies to give it up
to a person appointed under sub-paragraph (i);
and
(iii) for reimbursement of any expenses
reasonably incurred in carrying out the
order;
(b) provision for-
(i) the removal of an animal to a place of
safety; or
(ii) the caring for an animal at the place
where it was found or at another place; and
(c) provision authorising-
(i) a person appointed under paragraph
(a)(i); and
(ii) any person acting on that person's
behalf,
to enter, for the purposes of securing that the
order is carried out, any premises where an animal
to which the order applies is kept.
(6) Where a deprivation order is suspended under
subsection (2), a person commits an offence if the
person sells or otherwise parts with an animal to which
the order applies.
(7) Where a disqualification order is made, a person
on whom the relevant disqualification is imposed may,
within 7 days of the making of the order, appeal to the
High Court of Justiciary against the order.
(8) The court may-
(a) suspend the operation of a disqualification
order pending an appeal; or
(b) where a person on whom a relevant
disqualification is imposed owns or keeps animals
to which the order applies, suspend the operation
of the order for such period as it considers
necessary for enabling alternative arrangements to
be made for the animals.
Offences and penalties
41 Proceedings
(1) Proceedings for an offence under this Part, or
under regulations made under this Part, may be brought
within the period of 6 months from the date on which
evidence sufficient in the opinion of the prosecutor to
justify the proceedings came to the prosecutor's
knowledge.
(2) But no such proceedings may be brought more than
3 years-
(a) after the commission of the offence; or
(b) in the case of an offence involving a
continuous contravention, after the last date on
which the offence was committed.
(3) In a prosecution of an offence involving a
continuous contravention, the entire period during
which the contravention occurred may be included.
(4) A certificate signed by or on behalf of the
prosecutor which states the date on which evidence
referred to in subsection (1) came to the prosecutor's
knowledge is conclusive evidence of that fact; and such
a certificate which purports to be so signed is to be
treated as being so signed unless the contrary is
proved.
(5) For the purposes of this section, proceedings
are deemed to be commenced on the date on which a
warrant to apprehend or to cite the accused is granted
provided that the warrant is executed without undue
delay.
(6) In this Part, the "court" means the sheriff
court.
42 Bodies corporate etc.
(1) Where an offence under this Part, or under
regulations made under this Part, is committed by a
body corporate and is committed with the consent or
connivance of, or is attributable to the neglect
of-
(a) a director, manager, secretary or other
similar officer of the body; or
(b) a person purporting to act in any such
capacity,
that person (as well as the body corporate) commits
the offence.
(2) Where the affairs of a body corporate are
managed by its members, subsection (1) applies to acts
and omissions by members in exercising functions of
management as if they were directors of the body
corporate.
(3) Where an offence under this Part, or under
regulations made under this Part, is committed by a
Scottish partnership and is committed with the consent
or connivance of, or is attributable to the neglect of
a partner, that partner (as well as the partnership)
commits the offence.
43 Penalties
(1) A person who commits an offence under this Part
is (subject to subsection (3)) liable on summary
conviction to imprisonment for a term not exceeding 6
months or to a fine not exceeding level 5 on the
standard scale or to both.
(2) A person who commits an offence under
regulations made under this Part is (subject to
subsection (4)) liable on summary conviction to such
penalties, not exceeding the penalties referred to in
subsection (1), as are provided for in the
regulations.
(3) A person who commits-
(a) an offence under section 21; or
(b) an aggravated offence under this Part,
is liable on summary conviction to imprisonment for
a term not exceeding 12 months or to a fine not
exceeding £20,000 or to both.
(4) A person who commits an aggravated offence under
regulations made under this Part is liable on summary
conviction to such penalties, not exceeding the
penalties referred to in subsection (3), as are
provided for in the regulations.
(5) For the purposes of subsections (3)(b) and (4),
an offence is aggravated if the offence involves
deliberate cruelty to an animal.
Exclusions from application of this Part
44 Exception for scientific
research
This Part does not apply in relation to anything
which occurs by virtue of, or in accordance with, a
provision of the Animals (Scientific Procedures) Act
1986 (c.14).
45 Exception for fishing
This Part does not apply in relation to anything
which occurs in the normal course of fishing.
Miscellaneous
46 Inspectors etc.
(1) In this Part, an "inspector" is, in the context
of any particular provision, a person appointed as
inspector for the purposes of the provision by-
(a) the Scottish Ministers; or
(b) a local authority.
(2) In subsection (1)(b), a "local authority" means
a council constituted under section 2 of the Local
Government etc. (Scotland) Act 1994 (c.39).
(3) An inspector incurs no civil or criminal
liability for anything which the inspector does in
purported exercise of any functions conferred on the
inspector by a provision of this Part, or by
regulations made under this Part, where the inspector
acts on reasonable grounds and in good faith.
(4) Subsection (3) does not affect any liability of
any other person in respect of the thing done.
(5) In this Part, a "constable" means a constable of
a police force.
47 Premises
(1) In this Part, "premises" includes-
(a) any land or building; or
(b) any other place, in particular-
(i) a vehicle or vessel; or
(ii) a tent or moveable structure.
(2) In this Part, "domestic premises"-
(a) means premises, or a part of premises, used
(or used for the time being) exclusively as a
dwelling-house; and
(b) includes any land or structure belonging to
or usually enjoyed with, or adjacent to and for the
time being enjoyed with, the house.
48 Powers of authorised persons
Schedule 1 makes provision in relation to powers of
authorised persons for the purposes of and in
connection with this Part.
49 Regulations
(1) The powers of the Scottish Ministers to make
regulations under this Part are exercisable by
statutory instrument.
(2) And they include power to-
(a) make such incidental, supplemental,
consequential, transitional, transitory or saving
provision as the Scottish Ministers consider
necessary or expedient for the purposes of or in
consequence of any provisions of this Part; and
(b) make different provision for different
purposes.
(3) But a statutory instrument containing
regulations under this Part is not made unless a draft
of the instrument has been laid before, and approved by
resolution of, the Scottish Parliament.
Part 3
GENERAL
50 Amendment of enactments
Schedule 2 amends enactments for the purposes of and
in consequence of this Act.
51 Ancillary provision
(1) The Scottish Ministers may by order make such
incidental, supplemental, consequential, transitional,
transitory or saving provision as they consider
necessary or expedient for the purposes of or in
consequence of this Act.
(2) The power to make orders under subsection (1) is
exercisable by statutory instrument.
(3) But-
(a) a statutory instrument containing an order
under subsection (1) which amends an Act is not
made unless a draft of the instrument has been laid
before, and approved by resolution of, the Scottish
Parliament; and
(b) a statutory instrument containing any other
order under that subsection is subject to annulment
in pursuance of a resolution of the Parliament.
52 Commencement and short title
(1) The provisions of this Act come into force on
such day as the Scottish Ministers may by order
appoint.
(2) The power to make orders under subsection (1) is
exercisable by statutory instrument.
(3) And it includes power-
(a) to appoint different days for different
provisions of this Act;
(b) to make such incidental, supplemental,
consequential, transitional, transitory or saving
provision as the Scottish Ministers consider
necessary or expedient for the purposes of or in
consequence of this Act; and
(c) to make different provision for different
purposes.
(4) This Act may be cited as the Animal Health and
Welfare (Scotland) Act 2005.
Schedule 1
(introduced by section 48)Powers of authorised persons for Part
2
Entry and inspection in connection with Community
obligations
1 (1) An inspector may enter and inspect any
premises for the purpose of ascertaining compliance
with any regulations made under Part 2 which implement
a Community obligation.
(2) Sub-paragraph (1) does not apply in relation to
domestic premises.
Entry and search where animals in distress
2 (1) A sheriff or justice of the peace may grant a
warrant under this sub-paragraph if satisfied-
(a) that there are reasonable grounds for
believing that there is at premises a protected
animal which-
(i) is suffering; or
(ii) is likely to suffer if its
circumstances do not change; and
(b) that paragraph 5 is complied with in
relation to the premises.
(2) A warrant under sub-paragraph (1) authorises an
inspector or a constable to enter and search the
premises for the purpose of exercising any power
conferred by sections 29 and 32.
(3) An inspector or a constable may-
(a) enter and search premises for the purpose of
exercising any power conferred by sections 29 and
32; and
(b) do so without a warrant under sub-paragraph
(1),
if it appears that immediate entry is appropriate in
the interests of an animal.
(4) Sub-paragraph (3) does not apply in relation to
domestic premises.
Entry and inspection in connection with
offences
3 (1) An inspector may enter and inspect any
premises for the purpose of ascertaining whether an
offence under Part 2 has been committed at the
premises.
(2) Sub-paragraph (1) does not apply in relation to
domestic premises.
Entry and search etc. in connection with
offences
4 (1) A sheriff or justice of the peace may grant a
warrant under this sub-paragraph if satisfied-
(a) that there are reasonable grounds for
believing-
(i) that a relevant offence has been
committed at premises; or
(ii) that evidence of the commission of, or
participation in, a relevant offence is to be
found at premises; and
(b) that paragraph 5 is complied with in
relation to the premises.
(2) A warrant under sub-paragraph (1) authorises an
inspector or a constable to-
(a) enter the premises; and
(b) search for, examine and seize any animal
(including the carcase of an animal), equipment,
document or other thing tending to provide evidence
of the commission of, or participation in, a
relevant offence.
(3) An inspector or a constable may-
(a) enter premises and search for, examine and
seize any animal (including the carcase of an
animal), equipment, document or other thing tending
to provide evidence of the commission of, or
participation in, a relevant offence; and
(b) do so without a warrant under sub-paragraph
(1),
if it appears that immediate entry is appropriate in
the interests of an animal.
(4) Sub-paragraph (3) does not apply in relation to
domestic premises.
(5) In this paragraph, a "relevant offence" is-
(a) any offence under sections 17 to 21;
(b) any offence under section 22; and
(c) any offence under section 37(6).
Conditions for granting warrants
5 (1) This paragraph is complied with in relation to
premises if at least one of the conditions specified in
sub-paragraphs (2) to (4) is met.
(2) The condition is-
(a) that-
(i) admission to the premises has been
refused; or
(ii) such a refusal may reasonably be
expected; and
(b) that-
(i) notice of the intention to seek a
warrant has been given to the occupier of the
premises; or
(ii) the giving of such notice would
frustrate the purpose for which the warrant is
sought.
(3) The condition is that the premises are
unoccupied or the occupier is temporarily absent.
(4) The condition is that the case is one of
urgency.
Stopping and detaining vehicles etc.
6 (1) A constable in uniform may stop and detain a
vehicle or vessel for the purpose of the exercise of a
relevant power.
(2) An inspector, if accompanied by a constable in
uniform, may stop and detain a vehicle or vessel for
the purpose of the exercise of a relevant power.
(3) A vehicle or vessel may be detained under
sub-paragraph (1) or (2) for as long as is reasonably
required for the exercise of the power concerned.
(4) The power concerned may be exercised either at
the place where the vehicle or vessel was first
detained or nearby.
Entry and search etc.: supplementary
7 A warrant granted under a provision of this
schedule remains in force for one month beginning with
the date on which it was granted.
8 (1) A relevant power is exercisable only at a
reasonable time.
(2) Sub-paragraph (1) does not apply if it appears
that exercise of the power at a reasonable time would
frustrate the purpose of exercising the power.
9 (1) A relevant power is exercisable, if necessary,
by using reasonable force.
(2) Sub-paragraph (1) does not apply to the power
conferred by paragraph 3.
10 A person exercising a relevant power must, if
required, produce evidence of the person's
authority.
11 (1) A relevant power includes power to take onto
premises-
(a) such assistance; and
(b) such equipment;
as appears to be required for the purpose of the
exercise of the power.
(2) A relevant power includes power to secure the
taking of any of the steps mentioned in sub-paragraph
(3).
(3) Those steps are-
(a) carrying out tests on, and taking samples
from-
(i) an animal (including a carcase of an
animal); and
(ii) any equipment, substance or other
thing; and
(b) using a mark, microchip or other method of
identifying an animal.
12 A relevant power authorises any person taken onto
premises under paragraph 11(1)(a) to exercise the power
provided that the person is in the company of, and is
supervised by, the person on whom the power is
conferred.
13 (1) A qualifying person must-
(a) comply with any reasonable direction made by
a person exercising a relevant power; and
(b) in particular, give that person such
information and assistance as that person
reasonably requires.
(2) In sub-paragraph (1), a "qualifying person"
is-
(a) the occupier of premises in relation to
which a relevant power is being exercised;
(b) any person who appears to be responsible for
animals at the premises; and
(c) any person who appears to be under the
direction or control of a person referred to in
paragraph (a) or (b).
14 A person exercising a relevant power in relation
to unoccupied premises must leave the premises as
effectively secured against entry as the person found
them.
Offences of obstruction
15 (1) A person commits an offence if, without
reasonable excuse, the person contravenes paragraph
13(1).
(2) A person commits an offence if the person
intentionally obstructs a person in the exercise of a
relevant power.
16 (1) A person commits an offence if the person
intentionally obstructs a person in the exercise of a
power conferred by-
(a) section 29;
(b) an order under section 31(1); or
(c) section 32.
(2) A person commits an offence if the person
intentionally obstructs a person in the carrying out
of-
(a) a deprivation order;
(b) a destruction order;
(c) a seizure order; or
(d) an order under section 40(4).
Powers of constables: supplementary
17 A constable may arrest without warrant any person
whom the constable reasonably believes is committing or
has committed an offence under-
(a) sections 17 to 21; or
(b) paragraph 15 or 16.
18 The powers conferred on constables by this
schedule are without prejudice to any powers conferred
on constables by law apart from this schedule.
Interpretation
19 In this schedule, a "relevant power" is any
power-
(a) conferred on an inspector by-
(i) a provision of this schedule; or
(ii) a warrant granted under a provision of
this schedule; or
(b) conferred on a constable by-
(i) a provision of this schedule except
paragraph 17; or
(ii) a warrant granted under a provision of
this schedule.
20 References in Part 2 to that Part include this
schedule.
Schedule 2
(introduced by section 50)Amendment of enactments
Animal Health Act 1981 (c.22)
1 (1) In section 22 (powers of entry etc. for
section 21) of the Animal Health Act 1981, subsection
(5) is repealed.
(2) In section 63 (general powers of inspectors) of
that Act, after subsection (9) there is added-
"(10) An inspector acting under this section
must, if required, produce evidence of his
authority.".
(3) In section 64 (powers of inspectors as to
poultry) of that Act, after subsection (2) there is
added-
"(3) An inspector acting under this section
must, if required, produce evidence of his
authority.".
(4) In section 91 (orders etc.) of that Act,
subsection (2) is repealed.
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