Scottish Government

" 32E Slaughter for preventing spread of disease: Scotland

Schedule 3A to this Act has effect as to the slaughter of animals in relation to-

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-

Exercise of power of slaughter

7 The Scottish Ministers may exercise a power of slaughter under paragraphs 1 to 6 whether or not animals-

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-

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")-

(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-

(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-

is to be laid before the Scottish Parliament after being made.".

" 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-

(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-

(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-

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")-

(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-

(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-

is to be laid before the Scottish Parliament after being made.

(13) In subsection (2)-

" 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-

(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-

(5) A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures.

(6) A biosecurity code may-

(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-

6D Emergency biosecurity orders: Scotland

(1) Where the Scottish Ministers are of the opinion that there exists-

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")-

(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-

(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-

is to be laid before the Scottish Parliament after being made.".

" 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-

(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-

(4) But, for the purposes of subsection (3), an occasion is not an animal gathering if-

(5) An order under subsection (1) must be with a view to the control and prevention of-

(6) An order under subsection (1) may, in particular, include provision as to-

(7) A person commits an offence if, without reasonable excuse (proof of which lies on him), he-

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-

" 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)-

(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)-

(4) In subsection (3), "vehicle" includes-

"(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.".

(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".

"(3) In this section-

" 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)-

(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-

(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.".

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.".

"36ZA Seizure and disposal of carcases etc.: further provision for Scotland

(1) The Scottish Ministers may by order make provision for-

(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-

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-

(2) But subsection (1)(b) does not apply to-

(3) The Scottish Ministers may by order provide for the payment by the Scottish Ministers of compensation for-

(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-

" 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-

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-

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-

(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-

(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-

(6) On an application under subsection (4), the court may-

(7) In considering an application under subsection (4), the court may have regard to-

(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-

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-

(3) Any compensation paid to a person in respect of animals to which subsection (1) applies may be recovered by the Scottish Ministers.".

(a) being infected by a form of TSE; or

(b) becoming a carrier of a form of TSE,

(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.

(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.

(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).

(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.

(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,

(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,

(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.

(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.

(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.

(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.

(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-

(a) determine the review; and

(b) give to the person written notification of their determination and their reasons for it.

(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.

(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-

(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.

(a) preventing the spread of;

(b) controlling; or

(c) eliminating,

(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.

(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.

(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.

(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).

"keeper", in relation to an animal, includes the owner of the animal;

"inspector" means

"livestock" means-

"premises" includes-

"vehicle" includes-

" TSE" means transmissible spongiform encephalopathy.".

" 62G Powers of entry: Scotland

(1) An inspector may enter any premises in Scotland for the purpose of-

(2) The provisions are-

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-

(7) In this section and sections 62H and 62I, "premises" includes-

(8) In subsection (7), "vehicle" includes-

62H Warrants

(1) If a sheriff or justice of the peace is satisfied by evidence on oath that-

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-

(3) The evidence must include-

(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-

(6) The third condition is that-

(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-

(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-

(5) If the inspector enters any premises by virtue of a warrant issued under section 62H he must at the time of entry-

(6) If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.".

" 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-

(2) The conditions are-

(3) In this section, a "vehicle" includes-

" 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-

(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.".

(a) make provision which-

(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.

(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.

(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.

(a) another person causes the animal unnecessary suffering by an act or omission; and

(b) that person responsible for the animal-

(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-

(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.

(a) carries out a prohibited procedure on a protected animal; or

(b) causes a prohibited procedure to be carried out on a protected animal.

(a) another person carries out a prohibited procedure on the animal; and

(b) that person responsible for the animal-

(a) another person performs an operation on the animal without due care and humanity; and

(b) that person responsible for the animal-

(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,

(a) without lawful authority or reasonable excuse, another person-

(b) that person responsible for the animal-

(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.

(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.

(a) any lawful purpose for which the animal is kept; and

(b) any lawful activity undertaken in relation to the animal.

(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.

(a) animals for which a person is responsible; and

(b) the offspring of such animals.

(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-

(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-

(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.

(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.

(a) such persons appearing to them to represent any relevant interests; and

(b) such other persons,

(a) involves animals for which a person is responsible; and

(b) is specified in the regulations.

(a) involves animals for which a person is responsible; and

(b) is specified in the regulations.

(a) provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations;

(b) provision-

(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-

(f) provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.

(a) licences for the purposes of subsection (1); and

(b) registration for the purposes of subsection (2).

(a) procedures for-

(b) any-

(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).

(a) provision for enforcement, other than by way of proceedings for an offence, of provisions of licences;

(b) provision-

(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.

(a) such persons appearing to them to represent any relevant interests; and

(b) such other persons,

(a) domestic premises; or

(b) other premises,

(a) provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations;

(b) provision-

(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-

(f) provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.

(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-

(a) take; or

(b) arrange for the taking of,

(a) suffering; or

(b) likely to suffer if its circumstances do not change,

(a) it appears that the animal is-

(b) it is reasonable in the circumstances not to seek the assistance of, or wait for, a veterinary surgeon.

(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-

(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.

(a) the owner of the animal; or

(b) any other person appearing to the court to have a sufficient interest in the animal.

(a) the owner of the animal;

(b) an inspector;

(c) a constable who-

(d) a person-

(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.

(a) that specified treatment be administered to the animal; or

(b) that the animal be-

(a) provision-

(b) such other provision as the court considers appropriate in connection with the order.

(a) the owner of the animal;

(b) an inspector;

(c) a constable who-

(d) a person-

(e) any other person appearing to the court to have a sufficient interest in the animal.

(a) a person mentioned in subsection (3)(a) to (c); or

(b) a person-

(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.

(a) section 29(8); or

(b) subsection (2)(a)(ii),

(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.

(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.

(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.

(a) establish a body with the function of providing advice to-

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.

(a) such persons appearing to them to represent any relevant interests; and

(b) such other persons,

(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.

(a) make different provision for different cases or class of case;

(b) revise a previous code.

(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.

(a) depriving a person of ownership of an animal; and

(b) for the destruction or other disposal of the animal.

(a) provision-

(b) provision authorising-

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.

(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).

(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.

(a) provision-

(b) provision authorising-

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.

(a) any offence under sections 17 to 21; and

(b) any offence under section 22.

(a) disqualification from-

(b) disqualification from dealing in animals; and

(c) disqualification from transporting, and arranging for the transport of, animals.

(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.

(a) any offence under sections 17 to 21; and

(b) any offence under section 22.

(a) on summary application by-

(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).

(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.

(a) provision-

(b) provision authorising-

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.

(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).

(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.

(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-

(a) refuse the application;

(b) terminate the disqualification order; or

(c) vary the disqualification order so as to relax any disqualification imposed by it.

(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.

(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.

(a) deprivation order;

(b) destruction order; and

(c) seizure order.

(a) provision-

(b) provision for-

(c) provision authorising-

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.

(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.

(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.

(a) a director, manager, secretary or other similar officer of the body; or

(b) a person purporting to act in any such capacity,

(a) an offence under section 21; or

(b) an aggravated offence under this Part,

(a) the Scottish Ministers; or

(b) a local authority.

(a) any land or building; or

(b) any other place, in particular-

(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.

(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.

(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.

(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.

(a) that there are reasonable grounds for believing that there is at premises a protected animal which-

(b) that paragraph 5 is complied with in relation to the premises.

(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),

(a) that there are reasonable grounds for believing-

(b) that paragraph 5 is complied with in relation to the premises.

(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.

(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),

(a) any offence under sections 17 to 21;

(b) any offence under section 22; and

(c) any offence under section 37(6).

(a) that-

(b) that-

(a) such assistance; and

(b) such equipment;

(a) carrying out tests on, and taking samples from-

(b) using a mark, microchip or other method of identifying an animal.

(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.

(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).

(a) section 29;

(b) an order under section 31(1); or

(c) section 32.

(a) a deprivation order;

(b) a destruction order;

(c) a seizure order; or

(d) an order under section 40(4).

(a) sections 17 to 21; or

(b) paragraph 15 or 16.

(a) conferred on an inspector by-

(b) conferred on a constable by-

"(10) An inspector acting under this section must, if required, produce evidence of his authority.".

"(3) An inspector acting under this section must, if required, produce evidence of his authority.".