Legalize / United Kingdom / Hunting with Dogs (Scotland) Act 2023 / History

Reform history

Hunting with Dogs (Scotland) Act 2023

3 versions · 2023-03-07

2023-10-03

Hunting with Dogs (Scotland) Act 2023

View changes Text at this date

Changes on 2023-10-03

@@ -12,9 +12,9 @@

- (a) the person hunts a wild mammal using a dog, and

- (b) none of the exceptions in sections [3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-03-08), [5](https://www.legislation.gov.uk/asp/2023/1/section/5/2023-03-08), [6, 7, 8](https://www.legislation.gov.uk/asp/2023/1/section/6/2023-03-08) or [9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-03-08) apply.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-03-08) is liable—

- (b) none of the exceptions in sections [3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-10-03), [5](https://www.legislation.gov.uk/asp/2023/1/section/5/2023-10-03), [6, 7, 8](https://www.legislation.gov.uk/asp/2023/1/section/6/2023-10-03) or [9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-10-03) apply.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-10-03) is liable—

- (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

@@ -40,7 +40,7 @@

- (ii) knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and

- (2) A person commits an offence if—

@@ -50,11 +50,11 @@

- (ii) knowingly causes or permits another person to hunt a wild mammal using that dog, and

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-03-08) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

- (4) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-03-08) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08) to show that the person reasonably believed that any of the exceptions in sections [3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-03-08), [5](https://www.legislation.gov.uk/asp/2023/1/section/5/2023-03-08), [6, 7, 8](https://www.legislation.gov.uk/asp/2023/1/section/6/2023-03-08) or [9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-03-08) applied to the hunting.

- (3) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-10-03) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

- (4) It is a defence for a person charged with an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-10-03) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03) to show that the person reasonably believed that any of the exceptions in sections [3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-10-03), [5](https://www.legislation.gov.uk/asp/2023/1/section/5/2023-10-03), [6, 7, 8](https://www.legislation.gov.uk/asp/2023/1/section/6/2023-10-03) or [9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-10-03) applied to the hunting.

- (5) In this Part, an “owner” of land includes a person who—

@@ -68,7 +68,7 @@

- (b) is in charge of the dog, or

- (c) has actual care and control of a person under the age of 16 years who is responsible for the dog under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/a/2023-03-08) or [(b)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/b/2023-03-08).

- (c) has actual care and control of a person under the age of 16 years who is responsible for the dog under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/a/2023-10-03) or [(b)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/b/2023-10-03).

### Exceptions to the offences

@@ -80,13 +80,13 @@

- (a) a person is using a dog above ground to—

- (i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/3/2/2023-03-08),

- (ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/i/2023-03-08), and

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/2023-03-08) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-03-08)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/i/2023-03-08) are—

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/2023-10-03) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-10-03)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/i/2023-10-03) are—

- (a) preventing serious damage to livestock, woodland or crops,

@@ -94,31 +94,31 @@

- (c) protecting human health.

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/b/2023-03-08) are that—

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/b/2023-10-03) are that—

- (a) either—

- (i) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-03-08) does not involve the use of more than two dogs, or

- (ii) the activity is carried out in accordance with a licence granted under [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-03-08),

- (i) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-10-03) does not involve the use of more than two dogs, or

- (ii) the activity is carried out in accordance with a licence granted under [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-10-03),

- (b) any dog used in the activity is under control,

- (c) unless [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/a/2023-03-08)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/a/ii/2023-03-08) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

- (c) unless [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/a/2023-10-03)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/a/ii/2023-10-03) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

- (d) permission for the activity has been given by the owner of the land on which the activity takes place,

- (e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/e/2023-03-08), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/3/3/e/2023-10-03), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

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

##### 4

- (1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-03-08).

- (2) An application for a licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-03-08) must—

- (1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/3/1/a/2023-10-03).

- (2) An application for a licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-10-03) must—

- (a) be made to the relevant authority,

@@ -132,17 +132,17 @@

- (d) be accompanied by payment of such reasonable fee as the relevant authority may require.

- (3) The relevant authority must publicise any requirements which are for the time being set under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/b/2023-03-08), [(c)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/c/2023-03-08) or [(d)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/d/2023-03-08).

- (4) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-03-08)—

- (3) The relevant authority must publicise any requirements which are for the time being set under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/b/2023-10-03), [(c)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/c/2023-10-03) or [(d)](https://www.legislation.gov.uk/asp/2023/1/section/4/2/d/2023-10-03).

- (4) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-10-03)—

- (a) may be granted to a particular person or to a category of persons,

- (b) must relate to a particular species of wild mammal,

- (c) must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/3/2/2023-03-08) in relation to which the application for a licence is being made,

- (d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/3/2/2023-03-08) in relation to which the application for a licence is being made,

- (c) must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/3/2/2023-10-03) in relation to which the application for a licence is being made,

- (d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in [section 3](https://www.legislation.gov.uk/asp/2023/1/section/3/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/3/2/2023-10-03) in relation to which the application for a licence is being made,

- (e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

@@ -152,7 +152,7 @@

- (h) may be modified or revoked by the relevant authority at any time.

- (5) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-03-08) must specify—

- (5) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/4/1/2023-10-03) must specify—

- (a) the person or category of persons to whom it is granted,

@@ -186,11 +186,11 @@

- (ii) flush a fox from below ground,

with the intention of killing it for one or more of the purposes set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/5/2/2023-03-08), and

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/5/3/2023-03-08) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/a/2023-03-08) are—

with the intention of killing it for one or more of the purposes set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/5/2/2023-10-03), and

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/5/3/2023-10-03) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/a/2023-10-03) are—

- (a) preventing serious damage to livestock, woodland or crops,

@@ -200,9 +200,9 @@

- (d) relieving the suffering of an injured or dependent fox.

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/b/2023-03-08) are that—

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/a/2023-03-08) does not involve the use of more than one dog,

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/b/2023-10-03) are that—

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/5/1/a/2023-10-03) does not involve the use of more than one dog,

- (b) the dog used in the activity is—

@@ -222,7 +222,7 @@

- (f) if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible,

- (g) if an attempt to kill the fox, as mentioned in [paragraph (f)](https://www.legislation.gov.uk/asp/2023/1/section/5/3/f/2023-03-08), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (g) if an attempt to kill the fox, as mentioned in [paragraph (f)](https://www.legislation.gov.uk/asp/2023/1/section/5/3/f/2023-10-03), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (4) In this section, “*dependent*” means that the mother of a fox is dead and it is too young to survive on its own.

@@ -236,13 +236,13 @@

- (i) search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking,

- (b) the conditions set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/6/2/2023-03-08) are met.

- (2) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/b/2023-03-08) are that—

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/a/2023-03-08) does not involve the use of more than two dogs,

- (b) the conditions set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/6/2/2023-10-03) are met.

- (2) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/b/2023-10-03) are that—

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/6/1/a/2023-10-03) does not involve the use of more than two dogs,

- (b) any dog used in the activity is under control,

@@ -252,7 +252,7 @@

- (e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/6/2/e/2023-03-08), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/6/2/e/2023-10-03), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (3) In this section—

@@ -344,13 +344,13 @@

- (a) the person is using a dog above ground to—

- (i) search for, stalk or flush from cover a wild mammal, with the intention of killing, capturing or observing it as part of a scheme or plan for one or more of the purposes set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/9/2/2023-03-08),

- (ii) search for and retrieve a wild mammal which has been killed as a result of the activity referred to in [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/i/2023-03-08), and

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/2023-03-08) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-03-08)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/i/2023-03-08) are—

- (b) the conditions set out in [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/2023-10-03) are met.

- (2) The purposes referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-10-03)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/i/2023-10-03) are—

- (a) preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare) for environmental benefit,

@@ -358,17 +358,17 @@

- (c) eradicating an invasive non-native species of wild mammal from an area.

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/b/2023-03-08) are that—

- (3) The conditions referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/b/2023-10-03) are that—

- (a) either—

- (i) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-03-08) does not involve the use of more than two dogs, or

- (ii) the activity is carried out in accordance with a licence granted under [section 10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-03-08),

- (i) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-10-03) does not involve the use of more than two dogs, or

- (ii) the activity is carried out in accordance with a licence granted under [section 10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-10-03),

- (b) any dog used in the activity is under control,

- (c) unless [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/a/2023-03-08)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/a/ii/2023-03-08) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

- (c) unless [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/a/2023-10-03)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/a/ii/2023-10-03) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

- (d) either—

@@ -386,11 +386,11 @@

- (iii) observed and allowed to escape without being pursued, injured or killed,

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/e/2023-03-08)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/e/ii/2023-03-08), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (f) if an attempt to kill the wild mammal, as mentioned in [paragraph (e)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/e/2023-10-03)[(ii)](https://www.legislation.gov.uk/asp/2023/1/section/9/3/e/ii/2023-10-03), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

- (4) In this section—

- “*invasive non-native species*” means a species— which is included on the Scottish list of species of special concern, or which is— not native to the area in which the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-03-08) takes place, and having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health,

- “*invasive non-native species*” means a species— which is included on the Scottish list of species of special concern, or which is— not native to the area in which the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-10-03) takes place, and having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health,

- “*Scottish list of species of special concern*” means the list of species in the Annex to [Commission Implementing Regulation (EU) 2016/1141](https://www.legislation.gov.uk/european/regulation/2016/1141) adopting a list of invasive alien species of Union concern pursuant to [Regulation (EU) No 1143/2014](https://www.legislation.gov.uk/european/regulation/2014/1143) of the European Parliament and of the Council, as amended from time to time.

@@ -398,9 +398,9 @@

##### 10

- (1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-03-08).

- (2) An application for a licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-03-08) must—

- (1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/9/1/a/2023-10-03).

- (2) An application for a licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-10-03) must—

- (a) be made to the relevant authority,

@@ -414,9 +414,9 @@

- (d) be accompanied by payment of such reasonable fee as the relevant authority may require.

- (3) The relevant authority must publicise any requirements which are for the time being set under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/b/2023-03-08), [(c)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/c/2023-03-08) or [(d)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/d/2023-03-08).

- (4) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-03-08)—

- (3) The relevant authority must publicise any requirements which are for the time being set under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/b/2023-10-03), [(c)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/c/2023-10-03) or [(d)](https://www.legislation.gov.uk/asp/2023/1/section/10/2/d/2023-10-03).

- (4) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-10-03)—

- (a) may be granted to a particular person or to a category of persons,

@@ -426,9 +426,9 @@

- (i) that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and

- (ii) that there is no other solution which would be effective in achieving the purpose set out in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/9/2/2023-03-08) in relation to which the application for a licence is being made,

- (d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/9/2/2023-03-08) in relation to which the application for a licence is being made,

- (ii) that there is no other solution which would be effective in achieving the purpose set out in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/9/2/2023-10-03) in relation to which the application for a licence is being made,

- (d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in [section 9](https://www.legislation.gov.uk/asp/2023/1/section/9/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/9/2/2023-10-03) in relation to which the application for a licence is being made,

- (e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

@@ -438,7 +438,7 @@

- (h) may be modified or revoked at any time by the relevant authority.

- (5) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-03-08) must specify—

- (5) A licence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/10/1/2023-10-03) must specify—

- (a) the person or category of persons to whom it is granted,

@@ -454,7 +454,7 @@

- (g) the period of time for which the licence is valid.

- (6) In this section, “*relevant authority*” has the same meaning as in [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-03-08)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/4/6/2023-03-08).

- (6) In this section, “*relevant authority*” has the same meaning as in [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-10-03)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/4/6/2023-10-03).

### General provision on licences

@@ -462,7 +462,7 @@

##### 11

- (1) The Scottish Ministers may delegate their functions in relation to licences under sections [4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-03-08) and [10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-03-08) to Scottish Natural Heritage.

- (1) The Scottish Ministers may delegate their functions in relation to licences under sections [4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-10-03) and [10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-10-03) to Scottish Natural Heritage.

- (2) Any delegation must be made by written direction.

@@ -476,9 +476,9 @@

##### 12

- (1) A person commits an offence if the person knowingly or recklessly makes a false or misleading statement for the purposes of obtaining (either personally or for another person) a licence under section [4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-03-08) or [10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-03-08).

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/12/1/2023-03-08) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

- (1) A person commits an offence if the person knowingly or recklessly makes a false or misleading statement for the purposes of obtaining (either personally or for another person) a licence under section [4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-10-03) or [10](https://www.legislation.gov.uk/asp/2023/1/section/10/2023-10-03).

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/12/1/2023-10-03) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

#### Review of operation of sections 4 and 10

@@ -520,7 +520,7 @@

- (a) the person engages or participates in trail hunting, and

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-03-08) does not apply.

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-10-03) does not apply.

- (2) In this Part—

@@ -536,7 +536,7 @@

- (ii) knowingly causes or permits another person to engage or participate in trail hunting on that land, and

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-03-08) does not apply to the trail hunting.

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-10-03) does not apply to the trail hunting.

- (4) A person commits an offence if—

@@ -546,11 +546,11 @@

- (ii) knowingly causes or permits another person to use the dog for trail hunting, and

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-03-08) does not apply to the trail hunting.

- (5) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-03-08), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-03-08) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-03-08) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

- (6) It is a defence for a person charged with an offence under [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-03-08) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-03-08) to show that the person reasonably believed that the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-03-08) applied to the trail hunting.

- (b) the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-10-03) does not apply to the trail hunting.

- (5) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-10-03), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-10-03) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-10-03) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

- (6) It is a defence for a person charged with an offence under [subsection (3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-10-03) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-10-03) to show that the person reasonably believed that the exception in [section 16](https://www.legislation.gov.uk/asp/2023/1/section/16/2023-10-03) applied to the trail hunting.

- (7) In this Part, an “owner” of land includes, in particular, a person who—

@@ -598,11 +598,11 @@

in order to train a dog for a lawful purpose, and

- (b) all of the conditions set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/16/2/2023-03-08) are met.

- (b) all of the conditions set out in [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/16/2/2023-10-03) are met.

- (2) The conditions are that—

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/16/1/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/16/1/a/2023-03-08) does not involve more than two dogs,

- (a) the activity mentioned in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/16/1/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/16/1/a/2023-10-03) does not involve more than two dogs,

- (b) any dog involved in the activity is under control,

@@ -640,7 +640,7 @@

##### 19

- (1) Proceedings for an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-03-08) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08) or [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-03-08), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-03-08) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-03-08) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge.

- (1) Proceedings for an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-10-03) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03) or [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-10-03), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-10-03) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-10-03) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge.

- (2) But no such proceedings may be brought more than 3 years—

@@ -648,7 +648,7 @@

- (b) in the case of an offence involving a continuous contravention, after the last date on which the offence was committed.

- (3) A certificate signed by or on behalf of the prosecutor which states the date on which evidence referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/19/1/2023-03-08) came to the prosecutor’s knowledge is conclusive evidence of that fact, and such a certificate which purports to be so signed is to be treated as being so signed unless the contrary is proved.

- (3) A certificate signed by or on behalf of the prosecutor which states the date on which evidence referred to in [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/19/1/2023-10-03) came to the prosecutor’s knowledge is conclusive evidence of that fact, and such a certificate which purports to be so signed is to be treated as being so signed unless the contrary is proved.

#### Individual culpability where organisation commits an offence

@@ -709,7 +709,7 @@

- (b) any other deprivation order unless it has considered the need to ensure the welfare of the dog or horse.

- (4) Where the court decides not to make a deprivation order in relation to a relevant offence, it must state its reasons unless it makes a disqualification order under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08) in relation to the offence.

- (5) 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.

@@ -721,11 +721,11 @@

- (i) appointing a person who is to secure that the order is carried out,

- (ii) requiring any person possessing a dog or horse to which the order applies to give it up to a person appointed under [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/b/i/2023-03-08),

- (b) provision authorising—

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/a/2023-03-08)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/a/i/2023-03-08), and

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/a/2023-10-03)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/a/i/2023-10-03), and

- (ii) any person acting on that person’s behalf,

@@ -733,13 +733,13 @@

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

- (8) Provision under [subsection (7)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/2023-03-08)[(c)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/c/2023-03-08) may in particular—

- (8) Provision under [subsection (7)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/2023-10-03)[(c)](https://www.legislation.gov.uk/asp/2023/1/section/21/7/c/2023-10-03) may in particular—

- (a) require reimbursement of—

- (i) any expenses reasonably incurred in carrying out the order,

- (ii) if the dog or horse was seized by a constable under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-03-08) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-03-08) of the schedule, any expenses reasonably incurred in relation to it since it was seized,

- (ii) if the dog or horse was seized by a constable under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-10-03) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-10-03) of the schedule, any expenses reasonably incurred in relation to it since it was seized,

- (b) relate to the retention of the proceeds of any sale.

@@ -747,19 +747,19 @@

- (10) In this section, “*relevant offence*” means—

- (a) an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-03-08),

- (b) an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08),

- (c) an offence under [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-03-08) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-03-08),

- (d) an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08) committed by reason of owning or keeping a dog.

- (a) an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-10-03),

- (b) an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03),

- (c) an offence under [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-10-03) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-10-03),

- (d) an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-10-03)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03) committed by reason of owning or keeping a dog.

#### Disqualification orders

##### 22

- (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)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/2023-03-08).

- (2) Those are disqualification from—

@@ -771,11 +771,11 @@

- (d) providing any service relating to dogs (including, in particular, for their care) which involves taking possession of a dog,

- (e) taking possession of a dog for the purpose of an activity in respect of which a disqualification mentioned in paragraphs [(a)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/a/2023-03-08) to [(d)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/d/2023-03-08) is imposed,

- (e) taking possession of a dog for the purpose of an activity in respect of which a disqualification mentioned in paragraphs [(a)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/a/2023-10-03) to [(d)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/d/2023-10-03) is imposed,

- (f) taking charge of a dog for any, or any other, purpose.

- (3) For the purposes of subsections [(1)](https://www.legislation.gov.uk/asp/2023/1/section/22/1/2023-03-08) and [(2)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/2023-03-08), disqualification in respect of an activity includes disqualification from any participation in the activity including in particular—

- (3) For the purposes of subsections [(1)](https://www.legislation.gov.uk/asp/2023/1/section/22/1/2023-10-03) and [(2)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/2023-10-03), 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,

@@ -783,7 +783,7 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/2023-03-08)[(f)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/f/2023-03-08) does not include disqualification from taking charge of a dog for so long as is necessary in the circumstances for the purpose of alleviating any suffering of the dog, if no alternative arrangements for its care are reasonably available.

- (4) However, disqualification by reference to [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/2023-10-03)[(f)](https://www.legislation.gov.uk/asp/2023/1/section/22/2/f/2023-10-03) does not include disqualification from taking charge of a dog for so long as is necessary in the circumstances for the purpose of alleviating any suffering of the dog, if no alternative arrangements for its care are reasonably available.

- (5) Where the court decides—

@@ -805,7 +805,7 @@

- (a) has effect for such period as may be specified in the order,

- (b) may specify a period within which an application under [section 24](https://www.legislation.gov.uk/asp/2023/1/section/24/2023-03-08) for termination or variation of the order may not be made.

- (b) may specify a period within which an application under [section 24](https://www.legislation.gov.uk/asp/2023/1/section/24/2023-10-03) for termination or variation of the order may not be made.

- (9) The court may suspend the operation of a disqualification order—

@@ -815,27 +815,27 @@

- (10) A person commits an offence if the person breaches a disqualification order.

- (11) A person who commits an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

- (12) If a disqualification order framed as described in [subsection (7)](https://www.legislation.gov.uk/asp/2023/1/section/22/7/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/22/7/a/2023-03-08) is breached, the breach is to be regarded as having occurred in relation to all of the dogs concerned (that is, without restriction by reference to the maximum number specified) for the purpose of—

- (a) any proceedings for an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08),

- (11) A person who commits an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

- (12) If a disqualification order framed as described in [subsection (7)](https://www.legislation.gov.uk/asp/2023/1/section/22/7/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/22/7/a/2023-10-03) is breached, the breach is to be regarded as having occurred in relation to all of the dogs concerned (that is, without restriction by reference to the maximum number specified) for the purpose of—

- (a) any proceedings for an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03),

- (b) the making of—

- (i) a deprivation order,

- (ii) a seizure order under [section 23](https://www.legislation.gov.uk/asp/2023/1/section/23/2023-03-08).

- (ii) a seizure order under [section 23](https://www.legislation.gov.uk/asp/2023/1/section/23/2023-10-03).

- (13) In this section, a “relevant offence” is—

- (a) an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-03-08),

- (b) an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08),

- (d) an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08).

- (a) an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-10-03),

- (b) an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03),

- (d) an offence under [subsection (10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03).

#### Seizure orders where disqualification breached

@@ -847,7 +847,7 @@

- (a) on summary application by a constable or prosecutor,

- (b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08).

- (b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-10-03)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03).

- (3) A seizure order is an order—

@@ -875,11 +875,11 @@

- (i) appointing a person who is to secure that the order is carried out,

- (ii) requiring any person possessing a dog to which the order applies to give it up to a person appointed under [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/a/i/2023-03-08),

- (b) provision authorising—

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/a/2023-03-08)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/a/i/2023-03-08), and

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/a/2023-10-03)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/a/i/2023-10-03), and

- (ii) any person acting on that person’s behalf,

@@ -887,13 +887,13 @@

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

- (6) Provision under [subsection (5)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/2023-03-08)[(c)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/c/2023-03-08) may in particular—

- (6) Provision under [subsection (5)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/2023-10-03)[(c)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/c/2023-10-03) may in particular—

- (a) require reimbursement of—

- (i) any expenses reasonably incurred in carrying out the order,

- (ii) if the dog was seized by a constable under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-03-08) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-03-08) of the schedule, any expenses reasonably incurred in relation to it since it was seized,

- (ii) if the dog was seized by a constable under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-10-03) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-10-03) of the schedule, any expenses reasonably incurred in relation to it since it was seized,

- (b) relate to the retention of the proceeds of any sale.

@@ -905,9 +905,9 @@

- (b) avoiding increasing any expenses which a person may be required to reimburse.

- (9) When an application is made under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/23/2/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/23/2/a/2023-03-08), 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 a dog until the application is finally determined.

- (10) Subsections [(5)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/2023-03-08), [(6)](https://www.legislation.gov.uk/asp/2023/1/section/23/6/2023-03-08)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/23/6/a/2023-03-08) and [(8)](https://www.legislation.gov.uk/asp/2023/1/section/23/8/2023-03-08) apply in relation to an interim order as they apply in relation to a seizure order.

- (9) When an application is made under [subsection (2)](https://www.legislation.gov.uk/asp/2023/1/section/23/2/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/23/2/a/2023-10-03), 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 a dog until the application is finally determined.

- (10) Subsections [(5)](https://www.legislation.gov.uk/asp/2023/1/section/23/5/2023-10-03), [(6)](https://www.legislation.gov.uk/asp/2023/1/section/23/6/2023-10-03)[(a)](https://www.legislation.gov.uk/asp/2023/1/section/23/6/a/2023-10-03) and [(8)](https://www.legislation.gov.uk/asp/2023/1/section/23/8/2023-10-03) apply in relation to an interim order as they apply in relation to a seizure order.

#### Termination or variation of disqualification

@@ -915,7 +915,7 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-03-08) may not be made—

- (2) An application under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-10-03) may not be made—

- (a) before the expiry of the period of one year beginning with the date on which the order was made,

@@ -923,11 +923,11 @@

- (c) within any period specified under—

- (i) [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08)[(8)](https://www.legislation.gov.uk/asp/2023/1/section/22/8/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/22/8/b/2023-03-08), or

- (ii) [subsection (5)](https://www.legislation.gov.uk/asp/2023/1/section/24/5/2023-03-08).

- (3) On an application under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-03-08), the court may—

- (i) [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-10-03)[(8)](https://www.legislation.gov.uk/asp/2023/1/section/22/8/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/section/22/8/b/2023-10-03), or

- (ii) [subsection (5)](https://www.legislation.gov.uk/asp/2023/1/section/24/5/2023-10-03).

- (3) On an application under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-10-03), the court may—

- (a) refuse the application,

@@ -943,7 +943,7 @@

- (c) the applicant’s conduct since the order was made.

- (5) Where the court refuses an application made under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-03-08), 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.

- (5) Where the court refuses an application made under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/24/1/2023-10-03), 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.

#### Appeals against orders

@@ -951,7 +951,7 @@

- (1) Any deprivation order or disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, 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)](https://www.legislation.gov.uk/asp/2023/1/section/25/1/2023-03-08)) who has an interest in any dog or horse to which the order applies may appeal to the Sheriff Appeal Court against the order by the same procedure as applies under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/25/1/2023-03-08) in relation to a deprivation order.

- (2) Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/25/1/2023-10-03)) who has an interest in any dog or horse to which the order applies may appeal to the Sheriff Appeal Court against the order by the same procedure as applies under [subsection (1)](https://www.legislation.gov.uk/asp/2023/1/section/25/1/2023-10-03) 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 Appeal Court against the order.

@@ -963,7 +963,7 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/section/25/4/2023-03-08), or such an order cannot be carried out 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 a dog or horse for so long as the deprivation order or seizure order remains suspended or incapable of being carried out.

- (5) Where the operation of a deprivation order or seizure order is suspended under [subsection (4)](https://www.legislation.gov.uk/asp/2023/1/section/25/4/2023-10-03), or such an order cannot be carried out 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 a dog or horse for so long as the deprivation order or seizure order remains suspended or incapable of being carried out.

- (6) An interim order may in particular—

@@ -971,11 +971,11 @@

- (i) appointing a person who is to secure that the interim order is carried out,

- (ii) requiring any person possessing a dog or horse to which the interim order applies to give it up to a person appointed under [sub-paragraph (i)](https://www.legislation.gov.uk/asp/2023/1/section/25/6/a/i/2023-03-08),

- (b) make provision authorising—

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/25/6/a/2023-03-08)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/25/6/a/i/2023-03-08), and

- (i) a person appointed under [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/section/25/6/a/2023-10-03)[(i)](https://www.legislation.gov.uk/asp/2023/1/section/25/6/a/i/2023-10-03), and

- (ii) any person acting on that person’s behalf,

@@ -985,7 +985,7 @@

- (i) any expenses reasonably incurred in carrying out the interim order,

- (7) In determining whether or how to make an interim order, the court must have regard to the desirability of—

@@ -993,9 +993,9 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/section/25/4/2023-03-08), a person commits an offence if the person sells or otherwise parts with a dog or horse to which the order applies.

- (9) A person who commits an offence under [subsection (8)](https://www.legislation.gov.uk/asp/2023/1/section/25/8/2023-03-08) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

- (8) Where the operation of a deprivation order is suspended under [subsection (4)](https://www.legislation.gov.uk/asp/2023/1/section/25/4/2023-10-03), a person commits an offence if the person sells or otherwise parts with a dog or horse to which the order applies.

- (9) A person who commits an offence under [subsection (8)](https://www.legislation.gov.uk/asp/2023/1/section/25/8/2023-10-03) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

## Part 4 — General provisions

@@ -1031,27 +1031,27 @@

- “*cover*” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed,

- “*deprivation order*” has the meaning given by [section 21](https://www.legislation.gov.uk/asp/2023/1/section/21/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/21/1/2023-03-08),

- “*disqualification order*” has the meaning given by [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/22/1/2023-03-08),

- “*hunting*” is to be construed in accordance with [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-03-08)[(3)](https://www.legislation.gov.uk/asp/2023/1/section/1/3/2023-03-08),

- “*deprivation order*” has the meaning given by [section 21](https://www.legislation.gov.uk/asp/2023/1/section/21/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/21/1/2023-10-03),

- “*disqualification order*” has the meaning given by [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/22/1/2023-10-03),

- “*hunting*” is to be construed in accordance with [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-10-03)[(3)](https://www.legislation.gov.uk/asp/2023/1/section/1/3/2023-10-03),

- “*livestock*” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition— “*cattle*” means bulls, cows, oxen, buffalo, heifers or calves, “*horses*” includes donkeys and mules, “*farmed deer*” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production, “*enclosed game birds*” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes, “*poultry*” means domestic fowls, turkeys, geese or ducks,

- “*premises*” has the meaning given by [paragraph 1](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/1/2023-03-08) of the schedule,

- “*relevant authority*” has the meaning given by [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-03-08)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/4/6/2023-03-08),

- “*responsible for*”, in relation to a dog, is to be construed in accordance with [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-03-08)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/2023-03-08),

- “*seizure order*” has the meaning given by [section 23](https://www.legislation.gov.uk/asp/2023/1/section/23/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/23/1/2023-03-08),

- “*premises*” has the meaning given by [paragraph 1](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/1/2023-10-03) of the schedule,

- “*relevant authority*” has the meaning given by [section 4](https://www.legislation.gov.uk/asp/2023/1/section/4/2023-10-03)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/4/6/2023-10-03),

- “*responsible for*”, in relation to a dog, is to be construed in accordance with [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-10-03)[(6)](https://www.legislation.gov.uk/asp/2023/1/section/2/6/2023-10-03),

- “*seizure order*” has the meaning given by [section 23](https://www.legislation.gov.uk/asp/2023/1/section/23/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/23/1/2023-10-03),

- “*under control*”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command,

- “*veterinary surgeon*” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966,

- “*wild mammal*” has the meaning given by [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-03-08)[(3)](https://www.legislation.gov.uk/asp/2023/1/section/1/3/2023-03-08),

- “*wild mammal*” has the meaning given by [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-10-03)[(3)](https://www.legislation.gov.uk/asp/2023/1/section/1/3/2023-10-03),

- “*woodland*” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

@@ -1108,7 +1108,7 @@

##### 31

- (1) This section and sections [26](https://www.legislation.gov.uk/asp/2023/1/section/26/2023-03-08) and [32](https://www.legislation.gov.uk/asp/2023/1/section/32/2023-03-08) come into force on the day after Royal Assent.

- (1) This section and sections [26](https://www.legislation.gov.uk/asp/2023/1/section/26/2023-10-03) and [32](https://www.legislation.gov.uk/asp/2023/1/section/32/2023-10-03) come into force on the day after Royal Assent.

- (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

@@ -1132,13 +1132,13 @@

In this schedule—

- “*domestic premises*”— means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and includes any land or structure— belonging to or usually enjoyed with the dwelling-house, or adjacent to and for the time being enjoyed with the dwelling-house,

- “*premises*” includes— land, any other place, including— a vehicle or vessel, a tent or other moveable structure,

- “*relevant offence*” means— an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-03-08), an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-03-08) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-03-08), an offence under [section 12](https://www.legislation.gov.uk/asp/2023/1/section/12/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/12/1/2023-03-08), an offence under [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-03-08), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-03-08) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-03-08), an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-03-08)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-03-08), an offence under [section 25](https://www.legislation.gov.uk/asp/2023/1/section/25/2023-03-08)[(8)](https://www.legislation.gov.uk/asp/2023/1/section/25/8/2023-03-08),

- “*relevant power*” means a power conferred on a constable by— a provision of this schedule, or a warrant granted under a provision of this schedule.

- “*domestic premises*”—means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, andincludes any land or structure—belonging to or usually enjoyed with the dwelling-house, oradjacent to and for the time being enjoyed with the dwelling-house,

- “*premises*” includes—land,any other place, including—a vehicle or vessel,a tent or other moveable structure,

- “*relevant offence*” means—an offence under [section 1](https://www.legislation.gov.uk/asp/2023/1/section/1/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/1/1/2023-10-03),an offence under [section 2](https://www.legislation.gov.uk/asp/2023/1/section/2/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/2/1/2023-10-03) or [(2)](https://www.legislation.gov.uk/asp/2023/1/section/2/2/2023-10-03),an offence under [section 12](https://www.legislation.gov.uk/asp/2023/1/section/12/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/12/1/2023-10-03),an offence under [section 14](https://www.legislation.gov.uk/asp/2023/1/section/14/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/section/14/1/2023-10-03), [(3)](https://www.legislation.gov.uk/asp/2023/1/section/14/3/2023-10-03) or [(4)](https://www.legislation.gov.uk/asp/2023/1/section/14/4/2023-10-03),an offence under [section 22](https://www.legislation.gov.uk/asp/2023/1/section/22/2023-10-03)[(10)](https://www.legislation.gov.uk/asp/2023/1/section/22/10/2023-10-03),an offence under [section 25](https://www.legislation.gov.uk/asp/2023/1/section/25/2023-10-03)[(8)](https://www.legislation.gov.uk/asp/2023/1/section/25/8/2023-10-03),

- “*relevant power*” means a power conferred on a constable by—a provision of this schedule, ora warrant granted under a provision of this schedule.

#### Entry and associated powers

@@ -1160,7 +1160,7 @@

- (ii) that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and

- (b) that [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2/2023-03-08) or [(3)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/3/2023-03-08) applies.

- (b) that [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2/2023-10-03) or [(3)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/3/2023-10-03) applies.

- (2) This sub-paragraph applies if—

@@ -1188,7 +1188,7 @@

##### 5

- (1) A constable may exercise the powers in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-03-08) without a warrant under [paragraph 3](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/1/2023-03-08) if—

- (1) A constable may exercise the powers in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-10-03) without a warrant under [paragraph 3](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/1/2023-10-03) if—

- (a) it appears to the constable that any delay would frustrate the purpose for which the powers are to be exercised, and

@@ -1202,7 +1202,7 @@

##### 6

The power to seize an animal or vehicle under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-03-08) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-03-08) may only be exercised—

The power to seize an animal or vehicle under [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-10-03) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-10-03) 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

@@ -1214,13 +1214,13 @@

##### 7

- (1) A thing seized in exercise of the power in [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-03-08) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-03-08)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-03-08)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-03-08) must be returned when retention of it is no longer justified for the purposes of—

- (1) A thing seized in exercise of the power in [paragraph 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4/b/2023-10-03) or [5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2023-10-03)[(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/2023-10-03)[(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5/2/b/2023-10-03) 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)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/7/1/2023-03-08) does not apply to perishable things which no longer have any commercial value.

- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/7/1/2023-10-03) does not apply to perishable things which no longer have any commercial value.

#### Stopping and detaining vehicles or vessels

@@ -1228,7 +1228,7 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/8/1/2023-03-08) for so long as it is reasonably required for the purpose of the exercise of the power concerned.

- (2) A vehicle or vessel may be detained under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/8/1/2023-10-03) 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.

@@ -1238,7 +1238,7 @@

##### 9

A warrant granted under [paragraph 3](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/1/2023-03-08) expires when it is no longer required for the purpose for which it is granted.

A warrant granted under [paragraph 3](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3/1/2023-10-03) expires when it is no longer required for the purpose for which it is granted.

##### 10

@@ -1272,7 +1272,7 @@

##### 14

- (1) A person mentioned in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/2023-03-08) must—

- (1) A person mentioned in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/2023-10-03) must—

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

@@ -1292,7 +1292,7 @@

- (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)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/a/2023-03-08) or [(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/b/2023-03-08).

- (c) a person who appears to be under the direction or control of a person mentioned in [paragraph (a)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/a/2023-10-03) or [(b)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2/b/2023-10-03).

##### 15

@@ -1302,11 +1302,11 @@

##### 16

- (1) A person commits an offence if the person contravenes [paragraph 14](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2023-03-08)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/1/2023-03-08) without reasonable excuse.

- (1) A person commits an offence if the person contravenes [paragraph 14](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/2023-10-03)[(1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14/1/2023-10-03) 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)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/16/1/2023-03-08) or [(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/16/2/2023-03-08) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (3) A person who commits an offence under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/16/1/2023-10-03) or [(2)](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/16/2/2023-10-03) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

#### Powers of constables under this schedule

@@ -1489,3 +1489,97 @@

[^key-ba0fa8e03f093419425587d8980b58ce]: Sch. para. 16 not in force at Royal Assent, see [s. 31(2)](https://www.legislation.gov.uk/asp/2023/1/section/31/2)

[^key-3591292ee8a6db84d6790c383585471c]: Sch. para. 17 not in force at Royal Assent, see [s. 31(2)](https://www.legislation.gov.uk/asp/2023/1/section/31/2)

[^key-e2399fc0bd969a020af10ab1154a79cc]: [S. 28](https://www.legislation.gov.uk/asp/2023/1/section/28) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-be00a939a063d75ad3b5c78d40c33828]: [S. 30](https://www.legislation.gov.uk/asp/2023/1/section/30) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-e7a65a9b287462fca13544285acd5692]: [S. 1](https://www.legislation.gov.uk/asp/2023/1/section/1) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-6b490685b696954be9696c636286e762]: [S. 2](https://www.legislation.gov.uk/asp/2023/1/section/2) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-61123a24a550585c8fd24745cc317880]: [S. 3](https://www.legislation.gov.uk/asp/2023/1/section/3) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-73fcfb8792c6cf366e409e4263ac0378]: [S. 4](https://www.legislation.gov.uk/asp/2023/1/section/4) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-102a0c8c603f4be5e79201aa8447f907]: [S. 5](https://www.legislation.gov.uk/asp/2023/1/section/5) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-9945c60169d8691436c17c75cd898e61]: [S. 6](https://www.legislation.gov.uk/asp/2023/1/section/6) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-86105cfbad954aff1869ebc19dcd2823]: [S. 7](https://www.legislation.gov.uk/asp/2023/1/section/7) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-420455ef585c1ebfadee2c104ea508fe]: [S. 8](https://www.legislation.gov.uk/asp/2023/1/section/8) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-47704ab606397795aecc7c94c02d46be]: [S. 9](https://www.legislation.gov.uk/asp/2023/1/section/9) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-0f195abf6d40c958e0e2ea17c7677c96]: [S. 10](https://www.legislation.gov.uk/asp/2023/1/section/10) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-d5b8c50458427457d22ab8c94d4261a6]: [S. 11](https://www.legislation.gov.uk/asp/2023/1/section/11) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-fd9d92f9302fe1fd5d11a5e4f752ac17]: [S. 12](https://www.legislation.gov.uk/asp/2023/1/section/12) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-8575f1f743ed246095974a9d4a8e6910]: [S. 13](https://www.legislation.gov.uk/asp/2023/1/section/13) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-cb8418475d6fc3766a3411f5dfd116a0]: [S. 14](https://www.legislation.gov.uk/asp/2023/1/section/14) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-cffe538031972b34abb15165880905c0]: [S. 15](https://www.legislation.gov.uk/asp/2023/1/section/15) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-2d54ed96bc3d2b8dba9a69327bfc4670]: [S. 16](https://www.legislation.gov.uk/asp/2023/1/section/16) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-d1c140bd7ebda4c56c5cf15063e54b81]: [S. 17](https://www.legislation.gov.uk/asp/2023/1/section/17) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-769a03d991d1f14580231c7571ec1bba]: [S. 18](https://www.legislation.gov.uk/asp/2023/1/section/18) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-1c8a4c7819178bda226fe12830d06ccd]: [S. 19](https://www.legislation.gov.uk/asp/2023/1/section/19) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-24de3bedcd7002381dbbdb60b2f9d50f]: [S. 20](https://www.legislation.gov.uk/asp/2023/1/section/20) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-4494fd1bcdf55ea934844cb9adac7167]: [S. 21](https://www.legislation.gov.uk/asp/2023/1/section/21) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-b386d384912ac789f8d7a23b3c5a0cbb]: [S. 22](https://www.legislation.gov.uk/asp/2023/1/section/22) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-e00603c6b6f39df30b809ce0fa9e6a36]: [S. 23](https://www.legislation.gov.uk/asp/2023/1/section/23) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-6fb0c9a21a17068ab318c7bcea0edbff]: [S. 24](https://www.legislation.gov.uk/asp/2023/1/section/24) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-32cdd1331eac91f71fca33843ef59f5b]: [S. 25](https://www.legislation.gov.uk/asp/2023/1/section/25) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-8daf4baf961bb3d0d0afa586e7b95a48]: [S. 27](https://www.legislation.gov.uk/asp/2023/1/section/27) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-b038bcbf4e10b80a100979a19957d245]: [S. 29](https://www.legislation.gov.uk/asp/2023/1/section/29) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-ce5d5e758a0bdee8d99167972155c505]: [Sch. para. 1](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/1) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-b32d0815d4fe476cc632328daef42b40]: [Sch. para. 2](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/2) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-f9762cb63134f4736cb44641a92fbba2]: [Sch. para. 3](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/3) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-aef225a89d283e7c9b12242c583b64bb]: [Sch. para. 4](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/4) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-758d1cbc298bb83f471c3081e317e35c]: [Sch. para. 5](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/5) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-5f3c13095af2a97d610588f4625497e6]: [Sch. para. 6](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/6) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-3630968edd917fc00677d96880e1ca3b]: [Sch. para. 7](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/7) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-30b82ff068115528ea9cb9333ada9322]: [Sch. para. 8](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/8) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-1ca83c865b7ce8a1dfc36b9e023bf356]: [Sch. para. 9](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/9) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-6fbf46cbb457d183b23506504c832e68]: [Sch. para. 10](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/10) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-23a6ea6446df332d2abd6e86ce3099f0]: [Sch. para. 11](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/11) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-d1bd1269cdd29bd491c86299826f3b9f]: [Sch. para. 12](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/12) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-8ee2fb5558573bc41c243947e3adeb76]: [Sch. para. 13](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/13) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-7c96187491fec63ac884734ac975c7e8]: [Sch. para. 14](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/14) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-e55068c471a17f8cdbd9da1fd4e2b220]: [Sch. para. 15](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/15) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-9be8203ee47022bee7ebae37b3f6d2a4]: [Sch. para. 16](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/16) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

[^key-d16e6436b65171c8cb771f942353fd98]: [Sch. para. 17](https://www.legislation.gov.uk/asp/2023/1/schedule/paragraph/17) in force at 3.10.2023 by [S.S.I. 2023/262](https://www.legislation.gov.uk/ssi/2023/262), [reg. 2](https://www.legislation.gov.uk/ssi/2023/262/regulation/2)

#### Interpretation

2023-03-08

Hunting with Dogs (Scotland) Act 2023

View changes Text at this date

2023-03-07

Hunting with Dogs (Scotland) Act 2023

original version Text at this date