PART 2 continued
(1) A person (“person A”) commits an offence if person A sells an animal to a person (“person B”) who is under 16 years of age.
(2) It is a defence to a charge of an offence under subsection (1) for person A to demonstrate that person A—
(a) having been shown convincing evidence (for example, a passport or a photocard driving licence) of person B’s identity and age, or
(b) having no reasonable cause to suspect from person B’s appearance that person B was under 16 years of age,
believed that person B was aged 16 years or over.
(3) For the purposes of subsection (1), selling an animal includes transferring, or agreeing to transfer, ownership of the animal in consideration of entry by the transferee into another transaction.
(1) A person commits an offence if the person offers or gives an animal to another person as a prize.
(2) Subsection (1) does not apply where the prize is offered or given in a family context.
(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 as appear to be immediately necessary to alleviate the animal’s suffering.
(2) However, subsection (1) does not authorise the destruction of a protected animal (for which section 35 makes provision).
(3) 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.
(4) 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.
(5) Where possession is taken of an animal under subsection (3) or (4), an inspector or constable may also take possession of any dependent offspring of the animal.
(6) Where possession is taken of an animal under subsection (3), (4) or (5), an inspector or a constable may—
(a) remove the animal, or arrange for it to be removed, to a place of safety,
(b) care for the animal, or arrange for it to be cared for—
(i) at the place where it was found,
(ii) at such other place as the inspector or constable considers appropriate.
(7) An inspector or a constable may use (or arrange to have used) a mark, microchip or another method for identifying any animal so taken.
(8) An inspector or a constable may, in acting under subsection (6)(b)(i), make use of any equipment found at the place.
(9) A veterinary surgeon may examine, and take samples from, an animal for the purpose of determining its condition for the purposes of subsection (3).
(10) In considering, for the purposes of subsection (3) or (4), 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.
(11) 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.
(12) 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.
(1) The court may order that any animal taken into possession under section 32 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 concern for the animal.
(3) A person is entitled to be heard in relation to an application for an order under subsection (1) if (despite not being the applicant) the person is—
(a) the owner of the animal,
(b) an inspector,
(c) a constable who—
(i) took the animal into possession under section 32,
(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 be heard in relation to the application, or
(e) any other person appearing to the court to have a sufficient concern for the animal.
(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 required to reimburse.
(1) The court may, in relation to any animal taken into possession under section 32, order—
(a) that specified treatment be administered to the animal,
(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 appointing a person who is to secure that the order is carried out,
(b) such other provision as the court considers appropriate in connection with the order.
(3) Provision under subsection (2)(b) may, in particular, require reimbursement of any expenses reasonably incurred in carrying out the order.
(4) 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 32,
(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 concern for the animal.
(5) A person is entitled to be heard in relation to an application for an order under subsection (1) if (despite not being the applicant) the person is—
(a) a person mentioned in paragraph (a) to (c) or (e) of subsection (4), or
(b) a person—
(i) with whom an arrangement for the care of the animal has been made under section 32, and
(ii) who is authorised by the Scottish Ministers to be heard in relation to the application.
(6) The court may not make an order under subsection (1) which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(7) 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.
(8) 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 applies, and
(b) avoiding increasing any expenses which a person may be required to reimburse.
(9) If an owner of an animal is subject to any liability by virtue of—
(a) section 32(11),
(b) subsection (3),
any sum which the owner is due from any proceeds of sale of the animal under this section may be used to offset the liability.
(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) A veterinary surgeon may examine, and take samples from, an animal for the purpose of determining its condition for the purposes of subsection (1).
(4) 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.
(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 protected animals as may be specified in the regulations,
(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 protected animals.
(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 relevant interests, and
(b) such other persons,
as they consider appropriate.
(3) An animal welfare code may—
(a) make different provision for different cases or class of case,
(b) revise a previous code.
(4) The Scottish Ministers may by notice revoke, with such transitional or saving provision as they consider to be necessary or expedient, any animal welfare code.
(5) The Scottish Ministers must, in such manner and to such extent as they consider appropriate, publicise any animal welfare code.
(6) 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 approval under paragraph (a) as is specified in the code.
(7) A notice revoking an animal welfare code—
(a) requires to be laid before, and approved by resolution of, the Parliament, and
(b) revokes the code on such date after approval under paragraph (a) as is specified in the notice.
(8) 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 sort.
(9) In any proceedings for an offence under this Part, or under regulations made under section 26 or 27—
(a) failure to comply with a relevant provision of an animal welfare code may be relied upon as tending to establish liability,
(b) compliance with a relevant provision of an animal welfare code may be relied upon as tending to negative liability.
The Scottish Ministers may, with a view to securing the welfare of protected animals, issue guidance on such matters as they consider appropriate.
(1) Where a person is convicted of a relevant offence, the convicting 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 possession or ownership (or both) of an animal, and
(b) for—
(i) the destruction,
(ii) the sale, or
(iii) another disposal,
of the animal.
(3) Where the court decides not to make a deprivation order in relation to a relevant offence, it must state its reasons except where it makes a disqualification order in relation to the offence.
(4) A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence.
(5) A deprivation order may make provision in respect of any dependent offspring of an animal to which it applies.
(6) A deprivation 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),
(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,
(c) such other provision as the court considers appropriate in connection with the order.
(7) Provision under subsection (6)(c) may, in particular—
(a) require reimbursement of any expenses reasonably incurred in carrying out the order,
(b) relate to the retention of any proceeds of the disposal.
(8) Except in the case of an offence under section 23, the court may not make a deprivation order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(9) 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.
(10) In this section, a “relevant offence” is—
(a) an offence under sections 19 to 23,
(b) an offence under section 24 or 25(7),
(c) an offence under section 29,
(d) an offence under section 40(11) committed by reason of owning or keeping an animal.
(1) Where a person is convicted of a relevant offence, the convicting 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 disqualification from—
(a) owning or keeping animals (or both),
(b) dealing in animals,
(c) transporting animals,
(d) working with or using animals,
(e) riding or driving animals,
(f) providing any service relating to animals (including, in particular, for their care) which involves taking possession of animals,
(g) taking possession of animals for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (f) is imposed,
(h) taking charge of animals for any, or any other, purpose.
(3) For the purposes of subsections (1) and (2), disqualification in respect of an activity includes disqualification from any participation in the activity including, in particular—
(a) making arrangements in connection with the activity,
(b) being party to arrangements under which the activity may be controlled or influenced,
(c) being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity.
(4) However, disqualification by reference to subsection (2)(h) does not include disqualification from taking charge of an animal for so long as is necessary in the circumstances—
(a) with the consent of the owner or keeper of the animal, for the purpose of caring for it,
(b) for the purpose of alleviating any suffering of the animal,
if no alternative arrangements for its care are reasonably available.
(5) Where the court decides not to make a disqualification order in relation to a relevant offence, it must state its reasons.
(6) A disqualification order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence.
(7) A disqualification order may apply to animals generally or to animals of any particular kind.
(8) A disqualification order which imposes disqualification from owning or keeping animals of a particular kind may in any appropriate case be framed so as to provide that the disqualification is from owning or keeping more than a specified maximum number of animals of that kind.
(9) A disqualification order—
(a) has effect for such period as may be specified in the order,
(b) may specify a period within which an application under section 42(1) for termination or variation of the order may not be made.
(10) The court may suspend the operation of a disqualification order—
(a) for such period as it considers necessary for enabling arrangements to be made for the keeping of any animals to which the order applies,
(b) pending an appeal.
(11) A person who breaches a disqualification order commits an offence.
(12) If a disqualification order framed as described in subsection (8) is breached, the breach is to be regarded, for the purpose of—
(a) any proceedings for an offence under subsection (11),
(b) the making of—
(i) a deprivation order,
(ii) a seizure order,
as having occurred in relation to all the animals of the particular kind concerned (that is, without restriction by reference to the maximum number specified).
(13) In this section, a “relevant offence” is—
(a) an offence under subsection (11),
(b) an offence under sections 19 to 23,
(c) an offence under section 24 or 25(7),
(d) an offence under section 29.
(1) Where the court is satisfied that a person who is subject to a disqualification order owns or keeps an 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.
(2) A seizure order may be made—
(a) on summary application by an inspector,
(b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 40(11).
(3) A seizure order is an order—
(a) depriving a person of possession or ownership (or both) of an animal, and
(b) for—
(i) the destruction,
(ii) the sale, or
(iii) another disposal,
of the animal.
(4) 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),
(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,
(c) such other provision as the court considers appropriate in connection with the order.
(5) Provision under subsection (4)(c) may, in particular—
(a) require reimbursement of any expenses reasonably incurred in carrying out the order,
(b) relate to the retention of any proceeds of the disposal.
(6) The court may not make a seizure order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(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 or how 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 required to reimburse.
(9) When an application is made under subsection (2)(a), the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal until the application is finally determined.
(10) Subsections (4), (5)(a) and (8) apply in relation to an interim order as they apply in relation to a seizure order.
(1) A person who is subject to a disqualification order may request the court which made the order 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 40(9)(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 particular regard to—
(a) the nature of the offence in relation to which the disqualification order was made,
(b) the character of the applicant, and
(c) the applicant’s conduct since the order was made.
(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.
(1) Any deprivation order or disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.
(2) Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (1)) who has an interest in any animal to which the order applies may appeal to the High Court of Justiciary against the order by the same procedure as applies under subsection (1) in relation to a deprivation order.
(3) The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the Sheriff Principal against the order.
(4) The operation of any deprivation order or seizure order is suspended until—
(a) any period for an appeal against the order has expired,
(b) the period for an 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.
(5) Where the operation of a deprivation order or seizure order is suspended under subsection (4), or such an order is not executable because decree has not been extracted, the court which made the order may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal for so long as the first-mentioned order remains suspended or inexecutable.
(6) An interim order may, in particular—
(a) make 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),
(b) make 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,
(c) for reimbursement of any expenses reasonably incurred in carrying out the order.
(7) In determining whether or how to make an interim 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 required to reimburse.
(8) Where the operation of a deprivation order is suspended under subsection (4), a person commits an offence if the person sells or otherwise parts with an animal to which the order applies.