Office of Public Sector Information
(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,
(ii) applies instead of subsection (2) as respects any invertebrate so included,
(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) Regulations under subsection (3) may be made 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) Before making regulations under subsection (3), the Scottish Ministers must consult—
(a) such persons appearing to them to represent relevant interests, and
(b) such other persons,
as they consider appropriate.
(6) In this section—
“vertebrate” means any creature of the Sub-phylum Vertebrata of the Phylum Chordata,
“invertebrate” means any creature not of that Sub-phylum.
(1) 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 on a permanent or temporary basis, or
(c) not living in a wild state.
(2) In subsection (1)(a), “British Islands” is to be construed in accordance with Schedule 1 to the Interpretation Act 1978 (c. 30).
(1) In this Part, references to being responsible for an animal mean being responsible for it 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 (“person A”) is to be regarded as responsible for any animal for which a person who is under 16 years of age, of whom person A has actual care and control, is responsible.
(5) For the purposes of this Part, a person does not relinquish responsibility for an animal by reason only of abandoning it.
(1) A person commits an offence if—
(a) the person causes a protected animal unnecessary suffering by an act, and
(b) the person knew, or ought reasonably to have known, that the act 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) the person causes the 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.
(3) A person (“person A”) 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) person A—
(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.
(4) The considerations to which regard is to be had in determining, for the purposes of subsections (1) to (3), 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.
(5) This section does not apply to the destruction of an animal in an appropriate and humane manner.
(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 (“person A”) who is responsible for an animal commits an offence if—
(a) another person carries out a prohibited procedure on the animal, and
(b) person A—
(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) A person commits an offence if the person takes a protected animal, or causes a protected animal to be taken, from a place in Scotland for the purpose of having a prohibited procedure carried out on the animal at a place outwith Scotland.
(4) In this section, references to the carrying out of a prohibited procedure on an animal are to the carrying out of a procedure which involves interference with the sensitive tissues or bone structure of the animal.
(5) This section does not apply—
(a) in relation to a procedure which is carried out for the purpose of medical treatment of an animal,
(b) in relation to a procedure which is carried out—
(i) for a purpose which,
(ii) in such manner as, and
(iii) in accordance with such conditions as,
the Scottish Ministers may by regulations specify, or
(c) in such circumstances as the Scottish Ministers may by regulations specify.
(6) Before making regulations under subsection (5), the Scottish Ministers must consult—
(a) such persons appearing to them to represent relevant interests, and
(b) such other persons,
as they consider appropriate.
(1) A person commits an offence if the person performs an operation on a protected animal without due care and humanity.
(2) A person (“person A”) 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) person A—
(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) This section is subject to the Protection of Animals (Anaesthetics) Act 1954 (c. 46).
(1) A person commits an offence if, without lawful authority or reasonable excuse, the person—
(a) administers a poisonous or injurious drug or substance to a protected animal, or
(b) causes such a drug or substance to be taken by a protected animal,
and the person knows the drug or substance to be poisonous or injurious.
(2) A person (“person A”) 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 such a drug or substance to be taken by the animal, and
(b) person A—
(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.
(1) A person commits an offence if the person—
(a) keeps or trains an animal for an animal fight, or
(b) possesses, without lawful authority or reasonable excuse, any equipment which is designed or adapted for use at an animal fight.
(2) A person commits an offence if the person—
(a) causes an animal fight to take place,
(b) arranges an animal fight,
(c) 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),
(d) 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
(e) 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) A person commits an offence if the person—
(a) supplies a video recording of an animal fight,
(b) publishes a video recording of an animal fight,
(c) shows a video recording of an animal fight to another person, or
(d) possesses a video recording of an animal fight with the intention of supplying it to another person.
(5) Subsection (4) does not apply if the video recording is of an animal fight which took place—
(a) outwith Great Britain, or
(b) before the date on which this subsection comes into force.
(6) Subsection (4) does not apply—
(a) in relation to anything done—
(i) for the purpose of, or
(ii) by means of,
the inclusion of a video recording in a programme service,
(b) in relation to anything done for the purposes of or in connection with law enforcement (including for the education or training of persons involved in law enforcement), or
(c) in relation to anything done in the course of any other lawful activity in so far as the thing is done in the public interest or with a view to the public interest being served.
(7) For the purposes of subsections (4) to (6)—
(a) the expression “programme service” has the same meaning as in the Communications Act 2003 (c. 21),
(b) the expression “video recording” means a recording, in any form, from which a moving image may by any means be reproduced (and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image),
(c) references to supplying or publishing a video recording are to supplying or publishing a video recording in any manner (including, in relation to a video recording in the form of data recorded electronically, by means of transmitting such data),
(d) references to showing a video recording are to showing a moving image reproduced from a video recording by any means.
(8) 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.
(9) 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.
(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,
(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,
(e) its need to be protected from suffering, injury and disease.
(4) This section does not apply to the destruction of an animal in an appropriate and humane manner.
(1) If—
(a) it comes to an inspector’s attention (including on information received from a constable) that a person is failing to secure the welfare of an animal for which the person is responsible, and
(b) it appears to the inspector that the failure constitutes an offence by the person under section 24,
the inspector may serve on the person a notice (in this section referred to as a “care notice”).
(2) A care notice must—
(a) specify—
(i) the nature of the failure (including the reasons why it appears to the inspector that the failure constitutes an offence under section 24),
(ii) the date on which the failure came to the inspector’s attention,
(b) describe the steps that the inspector considers need to be taken in order for the failure to be rectified,
(c) require that those steps be taken,
(d) fix a period (the “compliance period”) within which those steps are to be taken, and
(e) explain the effect of subsections (3) to (7).
(3) Where a care notice is served, no proceedings for—
(a) an offence under subsection (7),
(b) an offence under section 24 which is constituted by the failure specified (or any continuation of it),
may be taken in respect of the default period before the compliance period expires.
(4) Where a person complies with a care notice in every material regard, no proceedings for an offence under section 24 which is constituted by the failure specified (or any continuation of it) may be taken in respect of the default period.
(5) In subsections (3) and (4), the “default period” is the period—
(a) beginning on the date specified under subsection (2)(a)(ii), and
(b) ending on the date on which the compliance period expires.
(6) An inspector may extend any compliance period.
(7) A person on whom a care notice has been served commits an offence if, without reasonable excuse, the person fails in a material regard to comply with the notice.
(1) The Scottish Ministers may by regulations make provision for the purposes of, and in connection with, securing the welfare of—
(a) animals for which a person is responsible,
(b) the progeny of such animals.
(2) Regulations under subsection (1) may include, in particular—
(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,
(ii) for penalties as respects the offence,
(d) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 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,
(ii) for penalties as respects the offence,
(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 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,
(h) the prevention of disease and of the spread of disease,
(i) the keeping of records.
(4) Regulations under subsection (1) may also 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 relevant interests, and
(b) such other persons,
as they consider appropriate.
(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 securing the welfare of animals for which a person is responsible.
(4) Regulations under subsection (1) or (2) may include, in particular—
(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,
(ii) for penalties as respects the offence,
(c) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 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,
(ii) for penalties as respects the offence,
(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),
(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,
(ii) granting and refusing applications,
(b) any—
(i) qualifications required to be held by applicants for licences or (as the case may be) registration,
(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,
(e) appeals in connection with the matters mentioned in paragraphs (a) to (d).
(7) Regulations under subsection (5)(a) may include, in particular—
(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,
(ii) for penalties as respects the offence,
(c) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 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 contraventions (and suspected contraventions) of provisions of licences.
(8) Regulations under subsection (1), (2) or (5) may also 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 relevant interests, and
(b) such other persons,
as they consider appropriate.
(1) The Scottish Ministers may by regulations prohibit the keeping at—
(a) domestic premises,
(b) other premises,
of any animals of a kind specified in the regulations.
(2) For the purposes of subsection (1)(b), “other premises”—
(a) does not include the premises of a zoo—
(i) to which the Zoo Licensing Act 1981 (c. 37) applies, and
(ii) which is licensed under that Act,
(b) otherwise, means premises of such type as are described in the regulations.
(3) Regulations under subsection (1) must be for the purposes of securing the welfare of animals.
(4) Regulations under subsection (1) may include, in particular—
(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,
(ii) for penalties as respects the offence,
(c) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 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,
(ii) for penalties as respects the offence,
(f) provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.
(5) In determining whether to make regulations under subsection (1) in relation to a type of premises, the Scottish Ministers must have regard to whether (and the extent to which) adequate provision for the welfare of animals of the kind in question—
(a) is capable of being made, and
(b) is likely to be made,
at that type of premises.
(6) Before making regulations under subsection (1), the Scottish Ministers must consult—
(a) such persons appearing to them to represent relevant interests, and
(b) such other persons,
as they consider appropriate.
(1) A person commits an offence if, without reasonable excuse, the person—
(a) abandons an animal for which the person is responsible, and
(b) does so in circumstances likely to cause it unnecessary suffering.
(2) A person commits an offence if, without reasonable excuse, the person—
(a) leaves unattended an animal for which the person is responsible, and
(b) 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,
(c) what it reasonably requires by way of—
(i) food and water,
(ii) shelter and warmth.
Animal Health and Welfare (Scotland) Act 2006