The Scottish Government

Powers of inspectors and constables

The following section of the guidance notes contains information on the following section of the Animal Health and Welfare Scotland Act 2006.

Schedule 1 - Powers of inspectors and constables for Part 2

1. This schedule specifies the powers and duties of those exercising powers of entry, inspection or search under Part 2 of the Act and provides clarification on conditions for granting warrants, stopping and detaining vehicles, and offences of obstruction.
2. Inspectors have the power to enter and inspect any premises to ascertain compliance with any regulations made under Part 2 of this Act which implements a European Community obligation. However this power of entry does not extend to domestic premises.
3. An inspector or a constable is able to enter and search premises for the purpose of exercising any power conferred by section 32, which allows them to take possession of animals in distress, and section 35, which allows then to destroy animals, without a warrant if this is in the immediate interest of the animal. However this power of entry does not extend to domestic premises.
4. Where there are reasonable grounds for believing that a protected animal is suffering or likely to suffer if its circumstances do not change, a sheriff or justice of the peace may grant a warrant which will allow the inspector or constable to enter and search the premises where the animal is located. This warrant can authorise an inspector or constable to enter and search domestic premises.
5. An inspector may enter and inspect (but not search) any premises without a warrant (apart from domestic premises) if there are reasonable grounds for believing an offence under part 2 of the Act has been committed at the premises. An inspector or constable may enter premises (except domestic premises) without a warrant and search to gather evidence in relation to a relevant offence only where it appears that delay would frustrate the purpose for which the search is to be carried out.
6. A Sheriff or justice of the peace may grant a warrant if satisfied that there are reasonable grounds for believing that a relevant offence has been committed at the premises or that evidence of the commission of or participation in a relevant offence is to be found at the premises. The warrant, which is valid for one month, authorises the inspector or constable to enter the premises and to search for, examine and seize any animal (including the carcase of an animal), document, or any other thing which may provide evidence of an offence under sections 19 to 23, section 24, section 29 and section 40(11) of the Act.
7. A warrant can only be granted if admission to the premises has been refused, or that it is reasonable to expect that admission will be refused; and that notice of the intention to seek a warrant has been given to the occupier of the premises, or that the giving of such notice would frustrate the purpose of the warrant. In most cases an inspector or constable would have to give notice of his or her intention to seek a warrant, but this would not be necessary where, for example, it was suspected that a animal fight was about to take place. Giving notice of an intention to seek a warrant would simply warn the fight organisers of an impending operation by the enforcement agency.
8. A constable in uniform, or an inspector accompanied by a constable in uniform, can stop and detain a vehicle or vessel for as long as is reasonably required in order to exercise a relevant power.
9. An inspector or constable may be accompanied by other people and take equipment onto premises in order to exercise the relevant power. This could include being accompanied by a vet, a specialist in a certain kind of animal to provide expert advice, or an Agricultural Officer or bringing a trailer etc. onto premises to assist in the transportation of relevant animals. It is possible for an inspector or a constable to carry out tests and take samples for animals, animal carcases, equipment or substances and to identify an animal.
10. A constable may arrest any person without a warrant if he or she believes that person to be committing or to have committed an offence under the sections in Part 2 which deal with: Unnecessary suffering (section 19); Mutilations (section 20); Cruel Operations (Section 21); Administration of poisons (Section 22); Animal Fights (Section 23); or under paragraphs 14 or 15 of Schedule 1 - Offences of obstruction.