Office of Public Sector Information
PART 1 continued
(8) A person to whom a restriction notice is given must arrange for each creature to which the notice applies and which is owned by the person—
(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.
(9) 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.
(10) 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 (6) to (8) 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.
(11) For the purposes of this Part, “slaughter” includes the killing of a fish.
(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—
(i) an appearance, for the purposes of the review, before the assessment panel;
(ii) that the appearance be in public.
(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) The Scottish Ministers must arrange for an assessment panel to consider a review as requested under subsection (1).
(4) The proceedings of an assessment panel are to be conducted in such form and manner as the panel considers fit.
(5) The assessment panel must prepare and send a report to the Scottish Ministers which—
(a) states its findings in relation to the representations and information before it; and
(b) makes a recommendation as to how to determine the review.
(6) The Scottish Ministers, having regard to any representations made under subsection (1)(b) and the report sent to them under subsection (5), must—
(a) determine the review; and
(b) give to the person who requested the review—
(i) written notification of their determination and their reasons for it; and
(ii) if the person so requests, a copy of the report sent to them under subsection (5).
(7) The Scottish Ministers may, in so far as a review upholds a restriction notice, recover from the person who requested the review such reasonable expenses as arise from any sampling or testing carried out in connection with the review.
(8) In this section, an assessment panel—
(a) consists of one or more persons appointed by the Scottish Ministers for the purposes of this section; and
(b) must not, except with the consent of the person who requested the review, include members of the staff of the Scottish Administration.
(1) This section applies if the Scottish Ministers are satisfied that a person has failed to comply with one or more of the restrictions or requirements imposed on that person by a restriction 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 any 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 under section 36P(7);
(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 as required under section 36P(8).
(5) The Scottish Ministers may recover from the person to whom a restriction notice has been given such reasonable expenses as arise from any steps taken under subsection (3) in relation to that notice.
(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 that person—
(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 excuse (proof of which lies on the person) to comply with any of the restrictions or requirements specified in the notice.
(2) Any other person commits an offence if that person uses any semen, egg or embryo which the person knows, or ought reasonably to know, has been taken from livestock which is the subject of a restriction notice.
(3) A person commits an offence if, without excuse (proof of which lies on the person), that person fails to comply with any provision of regulations made under section 36O.
(4) A keeper of livestock commits an offence if the keeper fails to give an inspector such assistance or information as the inspector may reasonably request in connection with the exercise by the inspector of a function under this Part.
(1) With a view to preventing the spread of 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.
(1) An inspector may enter any premises in Scotland for the purpose of—
(a) ascertaining whether a function of the Scottish Ministers or inspectors under this Part should be exercised; or
(b) doing anything in pursuance of or in connection with the exercise of that function.
(2) An inspector acting under subsection (1) must, if required, produce evidence of the inspector’s authority.
(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 or classes of case.
A statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of the Scottish Parliament.
In this Part—
“keeper” includes an owner;
“inspector” means—
a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or
a person authorised by the Scottish Ministers for those purposes;
“livestock” means—
any creature, including a fish, which is kept, fattened or bred for the production of food, wool, skin or fur;
any creature, other than a dog, which is kept for use in the farming of land; and
any equine animal;
“premises” includes—
any land or building; or
any other place, in particular—
a vehicle or vessel; or
a tent or moveable structure;
“TSE” means transmissible spongiform encephalopathy.”.
After section 62F of the 1981 Act there is inserted—
(1) An inspector may enter any premises in Scotland for the purpose of—
(a) ascertaining whether a power of slaughter conferred by or under any provision mentioned in subsection (3) should be exercised; or
(b) doing anything in pursuance of or in connection with the exercise of such a power.
(2) A power of slaughter conferred by or under any provision mentioned in subsection (3) extends to the taking of any action for the purposes of or in connection with the exercise of the power.
(3) The provisions are—
(a) section 16B of;
(b) section 32 of;
(c) Schedule 3 to;
(d) Schedule 3A to,
this Act.
(4) An inspector acting under subsection (1) must, if required, produce evidence of the inspector’s authority.
(5) 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 inspector thinks the case is one of urgency.
(6) 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.
(7) 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.
(8) 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.
(1) A sheriff or justice of the peace 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), if satisfied by evidence on oath that—
(a) the first condition is satisfied; and
(b) either the second or the third condition is satisfied.
(2) The purpose is that of—
(a) ascertaining whether a function of the Scottish Ministers or inspectors under this Act should be exercised; or
(b) doing anything in pursuance of or in connection with the exercise of such a function.
(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) 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.
(1) This section applies to an inspector who enters any premises by virtue of a power conferred on the inspector by or under this Act or under a warrant under section 62H.
(2) The inspector may take on to the premises—
(a) such other persons as the inspector thinks necessary to give the inspector such assistance as the inspector thinks necessary;
(b) such equipment as the inspector thinks necessary.
(3) The inspector may require any person on the premises who falls within subsection (4) to give the inspector such assistance as the inspector 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 the inspector 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 the inspector must leave them as effectively secured against entry as the inspector found them.”.
After section 65A of the 1981 Act there is inserted—
(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;
(d) regulations made by the Scottish Ministers under this Act.
(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.”.
For section 75 (punishment of summary offences not otherwise provided for) of the 1981 Act there is substituted—
(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.”.
After section 83 of the 1981 Act there is inserted—
(1) Any requirement in the provisions mentioned in subsection (3) for something to be done in writing may be met by doing that thing as described in subsection (2).
(2) That is, by using a document—
(a) transmitted by electronic means; and
(b) capable of being reproduced in legible form.
(3) Those provisions are—
(a) sections 3(2), 30(1), 36Q(1) and (6), 40(1)(b), 41(1)(b), 47, 60(9), 63(4) and 65(1) of, and paragraph 2(4) of Schedule 3 to, this Act;
(b) sections 17(3), 22(7)(a), 62G(5) and 81 (each as read with section 83(1)) of this Act.
(4) But subsection (1) applies in relation to section 17(3), 22(7)(a), 30(1), 36Q(1) or (6) or 62G(5) only if—
(a) the recipient has consented to receive electronic communication for the purpose; and
(b) transmission is to an email address provided by the recipient.
(5) For the purposes of sections 17(3), 22(7)(a), 30(1) and 36Q(1), a document transmitted under subsection (1) shall be taken to be received on the day after the day of its transmission.
(6) The Scottish Ministers may, for the purposes of this Act, by order make further provision for the purposes of or in connection with—
(a) using electronic communication (including the use of electronic signatures);
(b) using documents in electronic form.
(7) An order under subsection (6)—
(a) may make provision by amending this Act or otherwise;
(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8) In this section—
“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);
“electronic signature” is to be construed in accordance with section 7(2) of that Act.”.
Animal Health and Welfare (Scotland) Act 2006