Hunting with Dogs (Scotland) Act 2023

The power to seize an animal or vehicle under paragraph 4(b) or 5(2)(b) may only be exercised—

• (a) where the animal or vehicle is in the possession or control of a person who the constable has reasonable grounds for suspecting has committed or is committing a relevant offence, and

• (b) where the constable considers it appropriate to seize the animal or vehicle for the purposes of—

• (i) enabling the animal or vehicle to be used in proceedings for a relevant offence, or

• (ii) enabling the animal or vehicle to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.

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• (1) A thing seized in exercise of the power in paragraph 4(b) or 5(2)(b) must be returned when retention of it is no longer justified for the purposes of—

• (a) enabling it to be used in proceedings for a relevant offence, or

• (b) enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.

• (2) Sub-paragraph (1) does not apply to perishable things which no longer have any commercial value.

Stopping and detaining vehicles or vessels

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• (1) A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.

• (2) A vehicle or vessel may be detained under sub-paragraph (1) for so long as it is reasonably required for the purpose of the exercise of the power concerned.

• (3) The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby.

• (4) In this paragraph, “vehicle” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960).

Entry and associated powers: supplementary

9

A warrant granted under paragraph 3(1) expires when it is no longer required for the purpose for which it is granted.

10

A constable exercising a relevant power must do so at a reasonable time unless it appears to the constable that the purpose of exercising the power would be frustrated by exercising it at such a time.

11

A constable may, if necessary, use reasonable force when exercising a relevant power.

12

A constable exercising a relevant power must produce evidence of the constable’s authority if asked to do so.

13

• (1) A relevant power includes power to take onto premises—

• (a) such persons for assistance as are required for the purpose of exercising the power, and

• (b) such equipment as is required for that purpose.

• (2) A relevant power includes power to do or secure the doing of any of the following—

• (a) the carrying out of tests on, and taking of samples from—

• (i) an animal (including the carcase of an animal),

• (ii) any equipment, substance or thing,

• (b) the identifying of an animal by use of a mark, microchip or any other method of identification.

14

• (1) A person mentioned in sub-paragraph (2) must—

• (a) comply with any reasonable direction made by a constable exercising a relevant power, and

• (b) in particular, give the constable such information and assistance as the constable may reasonably require.

• (2) The persons are—

• (a) the occupier of premises in relation to which a relevant power is being exercised,

• (b) a person who, in relation to an animal at the premises, appears—

• (i) to be the owner of the animal,

• (ii) to be responsible for the animal on a temporary or permanent basis,

• (iii) to be in charge of the animal,

• (iv) to have actual care and control of a person under the age of 16 years who is responsible for the animal,

• (c) a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b).

15

A constable exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the constable found them.

Offences

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• (1) A person commits an offence if the person contravenes paragraph 14(1) without reasonable excuse.

• (2) A person commits an offence if the person intentionally obstructs a constable in the exercise of a relevant power.

• (3) A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Powers of constables under this schedule

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The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule.

Offence of hunting a wild mammal using a dog

Offences of knowingly causing or permitting another person to hunt using a dog

Exception: management of wild mammals above ground

Licence for use of more than two dogs in connection with section 3

Exception: management of foxes below ground

Exception: falconry, game shooting and deer stalking

Exception: relieving the suffering of injured wild mammals

Exception: searching for dead wild mammals

Exception: environmental benefit

Licence for use of more than two dogs in connection with section 9

Delegation of functions in relation to licences

Offence of providing false information to obtain a licence

Review of operation of sections 4 and 10

Offences relating to trail hunting

Power to modify meaning of trail hunting

Exception: training dogs to follow an animal-based scent

Search of a person without warrant

Powers of enforcement

Time limit for summary proceedings

Individual culpability where organisation commits an offence

Deprivation orders

Disqualification orders

Seizure orders where disqualification breached

Termination or variation of disqualification

Appeals against orders

Ancillary provision

Interpretation

Repeal of the Protection of Wild Mammals (Scotland) Act 2002 and consequential modifications

Crown application: criminal offences

Crown application: powers of entry

Commencement

Short title

Interpretation

Entry and associated powers

Stopping and detaining vehicles or vessels

Entry and associated powers: supplementary

Offences

Powers of constables under this schedule

Editorial notes

Interpretation