Animal Health Act 1981

14A

• (1) The appropriate authority must prepare a document (the national contingency plan) indicating the arrangements the authority intends to put in place for the purpose of dealing with any occurrence of—

• (a) foot-and-mouth disease;

• (b) such other disease as the authority by order specifies.

• (2) After preparing a draft of the national contingency plan the appropriate authority—

• (a) must send a copy of the draft to such persons and organisations as the authority thinks are representative of those having an interest in the arrangements;

• (b) must consider any representations made to the authority about the draft by such persons and organisations;

• (c) may amend the draft accordingly.

• (3) After the appropriate authority has proceeded under subsection (2) the authority must—

• (a) lay the plan before Parliament (unless subsection (9) applies);

• (b) publish it in such manner as the authority thinks likely to bring it to the attention of persons who may be affected by the arrangements.

• (4) The appropriate authority must from time to time (but not less frequently than at intervals of one year) review the plan and if the authority thinks it appropriate revise the plan.

• (5) Subsections (2) and (3) apply to a revision of the plan as they apply to its preparation.

• (6) The power to make an order must be exercised by statutory instrument.

• (7) The instrument is subject to annulment in pursuance of a resolution of either House of Parliament (unless subsection (9) applies).

• (8) The appropriate authority is—

• (a) the Secretary of State in relation to England;

• (b) the Secretary of State and the National Assembly for Wales acting jointly in relation to Wales (except for the purposes of subsection (1)(b));

• (c) the National Assembly for Wales in relation to Wales for the purposes of subsection (1)(b).

• (9) This subsection applies to a plan prepared in relation to Wales.

• (10) It is immaterial that anything done for the purposes of subsections (1) to (3) (except the making of an order under subsection (1)(b)) is done before the passing of the Animal Health Act 2002.

6A

• (1) The Secretary of State must prepare guidance on the appropriate biosecurity measures to be taken in relation to—

• (a) foot-and-mouth disease;

• (b) such other disease as the Secretary of State by order specifies.

• (2) After preparing a draft of the guidance the Secretary of State—

• (a) must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in biosecurity measures;

• (b) must consider any representations made to him about the draft by such persons and organisations;

• (c) may amend the draft accordingly.

• (3) After the Secretary of State has proceeded under subsection (2) he must publish the guidance in such manner as he thinks appropriate.

• (4) The Secretary of State must from time to time review the guidance and if he thinks it appropriate revise the guidance.

• (5) Subsections (1) to (3) apply to a revision of the guidance as they apply to its preparation.

• (6) But if the Secretary of State thinks that it is necessary to revise the guidance urgently he may publish revised guidance without proceeding under subsection (2).

• (7) Biosecurity measures are measures taken to prevent the spread of causative agents of disease.

• (8) Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.

• (9) The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) It is immaterial that anything done for the purposes of subsections (1) to (3) is done before the passing of the Animal Health Act 2002.

6B

• (1) A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.

• (2) Any act which is done in contravention of subsection (1) is done without lawful authority.

• (3) If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.

• (4) But the guidance is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.

• (5) This subsection applies to—

• (a) any person having functions under this Act;

• (b) any person who is the owner or occupier of premises on which animals are kept;

• (c) any person who has charge of animals;

• (d) any person who is under the direction of a person mentioned in paragraphs (a) to (c).

In section 16(3), the words—

Duty to consider vaccination

Identification of genetically susceptible sheep

Animal gatherings: Scotland

In section 16(3), the words—

Offences made and declared by and under this Act.

In section 16(3), the words—

Entry and search under s. 61. Entry and search in exercise of powers to seize animals

Slaughter: warrants

Refusal and obstruction.

Slaughter: power of entry

In section 16(3), the words—

2A

• (1) This paragraph applies to any premises which are declared by the relevant authority to be infected premises under any provision which gives effect in relation to England or Wales to Council Directive 2003/85/ EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease .

• (2) Subject to sub-paragraphs (3) and (5), the relevant authority must cause to be slaughtered all susceptible animals kept on the premises.

• (3) The relevant authority may decide not to slaughter susceptible animals kept in—

• (a) a laboratory, zoo, wildlife park or other premises where animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting; or

• (b) premises not falling within (a) of a body, institute or centre which—

• (i) keeps animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and

• (ii) is approved by the relevant authority in relation to those animals in accordance with any provision which gives effect in relation to England or Wales to Article 13(2) of Council Directive 92/65/ EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/ EEC ; or

• (c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.

• (4) Before considering a decision not to slaughter susceptible animals under sub-paragraph (3), the relevant authority must be satisfied that—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) adequate measures are in place to prevent any risk of spreading foot-and-mouth disease virus.

• (5) If the premises consist of two or more separate production units (by virtue of a declaration under sub-paragraph (6)), the relevant authority may decide not to slaughter susceptible animals kept on free units of those premises.

• (6) The relevant authority may by notice served on the occupier declare in respect of any premises that those premises are to be regarded as two or more separate production units.

• (7) A declaration under sub-paragraph (6) shall not be made unless the Chief Veterinary Officer has advised the relevant authority at the time of a veterinary inquiry into the premises that in her opinion—

• (a) the structure, including the administration, and size of the premises allow in each separate unit for a complete separation of housing and keeping (including air space) for their susceptible animals;

• (b) the operations on each separate unit, and in particular stable and pasture management, milking, feeding, and removal of dung or manure are completely separated and carried out by different personnel;

• (c) the machinery, non-susceptible working animals, equipment, installations, instruments and disinfection facilities used in each separate unit are completely separate; and

• (d) each of paragraphs (a)-(c) has applied continuously for at least—

• (i) 28 days immediately prior to the earliest date on which the premises were infected with foot-and-mouth disease, if only bovine animals or swine have been kept on the premises within that period, or

• (ii) 42 days immediately prior to that date, in any other case.

• (8) A declaration under sub-paragraph (6) shall identify, and designate the boundaries of, each separate unit and shall declare every separate unit which is free of disease to be a free unit.

• (9) A unit shall cease to be a free unit if the relevant authority serves a notice on the occupier—

• (a) varying the declaration in respect of it under sub-paragraph (6) such that it is no longer declared to be a free unit; or

• (b) revoking that declaration.

• (10) The relevant authority shall for animals slaughtered under this paragraph pay compensation as follows—

• (a) where the animal slaughtered was affected with foot-and-mouth disease the compensation shall be the value of the animal immediately before it became so affected;

• (b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.

• (11) In this paragraph—

• “Chief Veterinary Officer” means the Chief Veterinary Officer appointed by the relevant authority;

• “relevant authority” means—in relation to premises in England, the Secretary of State,in relation to premises in Wales, the National Assembly for Wales, andin relation to premises which are situated partly in England and partly in Wales, either the Secretary of State or the National Assembly for Wales, as they agree between them (or, in the absence of agreement, the Secretary of State);

• “susceptible animal” means a cow, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant or any swine (that is, a member of the suborder Suina of the order Artiodactyla ).

Identification of genetically susceptible sheep

Prosecutions: time limit

General offences.

In section 16(3), the words—

Refusal and obstruction of inspector

Other offences as to licences.

Slaughter of vaccinated animals

In section 16(3), the words—

Other offences as to licences.

Powers as to infected places and areas.

In section 16(3), the words—

Power to detain vessels and aircraft.

Refusal and obstruction.

Other offences as to licences.

Offences made and declared by and under this Act.

In section 16(3), the words—

Powers of entry etc. for s. 21.

Orders as to infected places and areas.

Power of Secretary of State to specify sheep genotypes

Secretary of State’s powers of enforcement

Entry and search under s. 61. Entry and search in exercise of powers to seize animals

Power to detain vessels and aircraft.

Refusal and obstruction.

Other offences as to licences.

Offences made and declared by and under this Act.

In section 16(3), the words—

6C

• (1) The Scottish Ministers may make an order containing a code (referred to in this section and section 6D as a “biosecurity code”) which makes provision for the taking of, and in relation to, the measures specified in subsection (2).

• (2) Those are measures (“biosecurity measures”) for preventing—

• (a) diseases of animals;

• (b) the spread of causative agents of diseases of animals—

• (i) among animals, birds or amphibians;

• (ii) between any of those categories of creature and another of those categories; or

• (iii) from any of those categories of creature to humans.

• (3) In subsection (2)(b), “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease.

• (4) A biosecurity code may relate solely to one, or more than one—

• (a) kind of creature; or

• (b) disease.

• (5) A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures.

• (6) A biosecurity code may—

• (a) prescribe general requirements to which persons to whom the code applies are subject;

• (b) prescribe particular requirements to which such persons are, in such circumstances as are specified in the code, subject; and

• (c) specify circumstances in which any person is to be regarded for the purposes of this section as complying with, or (as the case may be) not complying with, any requirements prescribed under paragraphs (a) or (b).

• (7) A biosecurity code may make different provision for different cases or classes of case.

• (8) A biosecurity code applies, to the extent provided for in the code, to any person who owns, keeps or is in charge of any creature of a kind to which the code relates.

• (9) A person must, to the extent to which a biosecurity code applies to the person, comply with the code.

• (10) A person who is subject to a requirement prescribed under subsection (6)(a) or (b) commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person fails to comply with the requirement.

• (11) Before making an order under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate about the proposed biosecurity code.

• (12) A statutory instrument containing an order under subsection (1) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

• (13) In sub-paragraph (i) of paragraph (b) of subsection (2), the reference to animals means any kind of mammal (except man).

• (14) In this section and section 6D(1)(b), “disease” is not restricted by its definition in this Act.

6D

• (1) Where the Scottish Ministers are of the opinion that there exists—

• (a) an outbreak of a disease specified in Schedule 2B to this Act; or

• (b) some other emergency relating to a disease of animals,

subsections (11) and (12) of section 6C do not apply in relation to the making of an order under subsection (1) of that section containing a biosecurity code relating to the outbreak or, as the case may be, the other emergency.

• (2) Where subsection (1) applies, an order made accordingly (an “emergency order”)—

• (a) is to be laid before the Scottish Parliament; and

• (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.

• (3) However, paragraph (b) of subsection (2) does not apply in relation to an order which—

• (a) revokes (wholly or partly) an emergency order; and

• (b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.

• (4) In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—

• (a) dissolved; or

• (b) in recess for more than 4 days.

• (5) Subsection (2)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.

• (6) An emergency order must include a description of the emergency in relation to which the order is made.

6E

• (1) An inspector may at any time enter any premises in Scotland for the purpose of ascertaining (any or all)—

• (a) whether—

• (i) biological indicators of any disease of animals;

• (ii) biological indicators of any causative agent of a disease of animals,

exist in animals, birds or amphibians on the premises;

• (b) whether any animals, birds or amphibians on the premises or which were kept there at any time are, or were at the time they were so kept, infected with a disease of animals;

• (c) whether any causative agent of a disease of animals is present on the premises.

• (2) The inspector may take such samples (including samples from any animals, birds or amphibians on the premises) and carry out such tests as the inspector thinks are necessary for a purpose mentioned in subsection (1).

• (3) In subsections (1) and (2), the references to animals in which biological indicators exist, infected with a disease or from which samples may be taken means any kind of mammal (except man).

• (4) In this section—

• “biological indicator”—in relation to a disease, includes evidence of any form of reaction to the disease;in relation to a causative agent, includes—anti-bodies in reaction to the causative agent;evidence of any other form of reaction to the causative agent;

• “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease;

• “disease” is not restricted by its definition in this Act;

• “inspector” means—a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; ora person authorised by the Scottish Ministers for those purposes;

• “premises” includes—any land or building; orany other place, in particular—a vehicle or vessel; ora tent or moveable structure.

6F

• (1) Where a sample from any animal, bird or amphibian has been taken—

• (a) under any enactment; and

• (b) in relation to the monitoring, control or prevention of any disease of animals,

the Scottish Ministers (or a person authorised by them) may carry out such tests using the sample as they think are necessary or expedient for the purposes of the monitoring, control or prevention of any other disease of animals.

• (2) Except in the circumstances described in subsection (3), the power conferred by subsection (1) is not exercisable unless the sample has previously been used for a test authorised under the relevant enactment.

• (3) Those circumstances are—

• (a) where the Scottish Ministers are of the opinion that there exists an emergency in relation to a disease of animals; and

• (b) the tests to be carried out under subsection (1) are in connection with the emergency.

• (4) A person who possesses a sample required for the carrying out of a test under subsection (1) must give the sample to the Scottish Ministers (or a person authorised by them) by such time as they may direct.

• (5) In subsection (1), the first reference to an animal means any kind of mammal (except man).

• (6) In this section—

• “disease” is not restricted by its definition in this Act;

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

8A

• (1) The Scottish Ministers may by order make provision for or in connection with the licensing (by them or by other persons on their behalf) of the holding of animal gatherings.

• (2) An order under subsection (1) must be with a view to the prevention of the spread of disease.

• (3) In this section, an “animal gathering” means an occasion at which animals or birds (or both) are brought together for any purpose.

• (4) But, for the purposes of subsection (3), an occasion is not an animal gathering if—

• (a) all the animals or birds involved are owned by the same person; or

• (b) the occasion—

• (i) takes place on land in respect of which more than one person has a right of use; and

• (ii) involves animals or birds all of which are owned by persons who have a right of use of the land.

• (5) An order under subsection (1) may, in particular, include provision as to—

• (a) the procedure to be followed in relation to an application for a licence;

• (b) any considerations to be taken into account in determining an application;

• (c) the duration and renewal of a licence;

• (d) conditions that must or may be imposed on granting or renewing a licence;

• (e) circumstances in which a licence (or any of the conditions imposed in relation to the licence) must or may be revoked or suspended;

• (f) requirements for notification of any granting, renewal, revocation, suspension or variation of a licence;

• (g) appeals in connection with licences.

• (6) An order under subsection (1) may, in particular, also include provision as to the inspection, for the purpose of ensuring compliance with any condition of a licence, of premises where animal gatherings may take, or are taking or have taken, place.

• (7) Conditions under subsection (5)(d) may, in particular, relate to measures for the prevention of the spread of disease.

• (8) A person who holds a licence in accordance with an order made under subsection (1) commits an offence if, without excuse (proof of which lies on the person), that person contravenes any condition of the licence.

• (9) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (10) An order under subsection (1) may make different provision for different cases or classes of case.

• (11) Before making an order under subsection (1), the Scottish Ministers must consult—

• (a) such persons appearing to them to represent relevant interests; and

• (b) such other persons,

as they consider appropriate.

• (12) In this section, “premises” includes—

• (a) any land or building; or

• (b) any other place, in particular—

• (i) a vehicle or vessel; or

• (ii) a tent or moveable structure.

Duty to consider vaccination

16B

• (1) Subsection (4) applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of—

• (a) cattle plague;

• (b) pleuro-pneumonia;

• (c) foot-and-mouth disease;

• (d) swine-fever; or

• (e) diseases of poultry.

• (2) Subsection (4) also applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of such other disease of animals as the Scottish Ministers may by order specify.

• (3) The references in subsections (1) and (2) to any animal which has been treated mean any kind of mammal (except man); and the power conferred by subsection (4) is exercisable accordingly.

• (4) The Scottish Ministers may, for the purpose of securing (or contributing to the securing of) disease-free status, cause to be slaughtered any animal or bird to which this subsection applies.

• (5) The Scottish Ministers must pay compensation, of such amount as they may prescribe by order, in respect of any animals—

• (a) slaughtered under subsection (4); and

• (b) of a kind to which the power of slaughter under that subsection would relate if subsection (3) were omitted.

• (6) An order under subsection (5) may make different provision for different cases or classes of case.

• (7) An order under subsection (5) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) An order made under subsection (2)—

• (a) is to be laid before the Scottish Parliament; and

• (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.

• (9) However, paragraph (b) of subsection (8) does not apply in relation to an order which—

• (a) revokes (wholly or partly) a previous order; and

• (b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.

• (10) In reckoning for the purposes of subsection (8)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—

• (a) dissolved; or

• (b) in recess for more than 4 days.

• (11) Subsection (8)(b) is without prejudice to anything previously done by reference to an order made under subsection (2) or to the making of a new order under that subsection.

• (12) An order under subsection (2) must refer to the circumstances in relation to which the order is made.

• (13) In subsection (2), “disease” is not restricted by its definition in this Act.

• (14) In subsection (4), “disease-free status” means recognition in accordance with any rule of the European Community or any other international rule that in a particular area no animals or birds of a particular class are infected by a particular disease or class of disease.

Powers of entry etc. for s. 21.

Rabies: quarantine and virus control.

Orders as to infected places and areas.

28C

• (1) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person—

• (a) knowingly does anything which causes or is intended to cause; or

• (b) recklessly causes,

an animal or bird to be infected with a disease specified in Schedule 2B to this Act.

• (2) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains—

• (a) an animal or bird; or

• (b) the carcase of an animal or bird,

which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.

• (3) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains anything obtained from, produced by or used in connection with—

• (a) an animal or bird; or

• (b) the carcase of an animal or bird,

which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.

• (4) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (5) In this section and sections 28D to 28H, the references to an animal mean any kind of mammal (except man).

28D

• (1) Where a person is convicted of an offence under section 28C, any provision of this Act by virtue of which compensation is payable to the person does not apply in respect of anything to which this subsection applies.

• (2) Subsection (1) applies to animals to which that offence relates.

• (3) Subsection (1) also applies to any other animals which were kept on the same premises as the animals referred to in subsection (2)—

• (a) at the same time (or any part of the time) as those animals; and

• (b) at or after the time when the offence was committed,

and in relation to which compensation would be payable but for this section.

• (4) Subsection (1) also applies to—

• (a) any carcases seized under an order made under section 35(1) or 36ZA(1)—

• (i) which are of the animals referred to in subsection (2) or of the other animals referred to in subsection (3); and

• (ii) in relation to which compensation would be payable but for this section;

• (b) other things seized under such an order—

• (i) which were obtained from or produced by those animals; and

• (ii) in relation to which compensation would be payable but for this section; and

• (c) anything else—

• (i) seized under such an order; and

• (ii) which was present on the same premises as those animals, or those carcases or other things, at the time described by paragraphs (a) and (b) of subsection (3),

and in relation to which compensation would be payable but for this section.

• (5) Any compensation paid to a person in respect of anything to which subsection (1) applies may be recovered by the Scottish Ministers.

• (6) In subsection (3), “ premises ” includes—

• (a) any land or building; or

• (b) any other place, in particular—

• (i) a vehicle or vessel; or

• (ii) a tent or moveable structure.

Deliberate infection: deprivation orders

28E

• (1) Where a person is convicted of—

• (a) an offence under section 28C; or

• (b) an offence under section 28F(16) by reason of owning or keeping an animal,

the convicting court may make an order (in this section and section 28H referred to as a “ deprivation order ”) in respect of any animal in relation to which the offence was committed.

• (2) A deprivation order is an order—

• (a) depriving a person of possession or ownership (or both) of an animal; and

• (b) for—

• (i) the destruction;

• (ii) the sale; or

• (iii) another disposal,

of the animal.

• (3) Where the court decides not to make a deprivation order in relation to an offence referred to in subsection (1), it must state its reasons except where it makes a disqualification order in relation to the offence.

• (4) A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence.

• (5) A deprivation order may make provision in respect of any dependent offspring of an animal to which it applies.

• (6) A deprivation order may include—

• (a) provision—

• (i) appointing a person who is to secure that the order is carried out;

• (ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i);

• (b) provision authorising—

• (i) a person appointed under paragraph (a)(i); and

• (ii) any person acting on that person's behalf,

to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept;

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

• (7) Provision under subsection (6)(c) may, in particular—

• (a) require reimbursement of any expenses reasonably incurred in carrying out the order;

• (b) relate to the retention of any proceeds of the disposal.

• (8) The court may not make a deprivation order involving the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.

• (9) Before making a deprivation order, the court must give the owner of the animal concerned an opportunity to make representations unless it is not practicable for it to do so.

• (10) A deprivation order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.

• (11) Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (10)) who has an interest in any animal to which the order applies may appeal to the High Court of Justiciaryappropriate Appeal Court against the order by the same procedure as applies under subsection (10).

• (11A) In subsection (11), “appropriate Appeal Court” means—

• (a) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and

• (b) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.

• (12) In this section and section 28G, “ premises ” includes—

• (a) any land or building; or

• (b) any other place, in particular—

• (i) a vehicle or vessel; or

• (ii) a tent or moveable structure.

• (13) In this section and section 28G, “ veterinary surgeon ” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36).

Deliberate infection: disqualification orders

28F

• (1) Where a person is convicted of an offence under section 28C or subsection (16), the convicting court may make an order (in section 28E, this section and section 28G referred to as a “ disqualification order ”) disqualifying that person, for such period as it thinks fit, from one or more of the activities specified in subsection (2).

• (2) Those activities are—

• (a) owning or keeping animals (or both);

• (b) dealing in animals;

• (c) transporting animals;

• (d) working with or using animals;

• (e) riding or driving animals;

• (f) providing any service relating to animals (including, in particular, for their care) which involves taking possession of animals;

• (g) taking possession of animals for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (f) is imposed;

• (h) taking charge of animals for any, or any other, purpose.

• (3) For the purposes of subsection (1), disqualification in respect of an activity specified in subsection (2) includes disqualification from any participation in the activity including, in particular—

• (a) making arrangements in connection with the activity;

• (b) being party to arrangements under which the activity may be controlled or influenced;

• (c) being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity.

• (4) However, disqualification by reference to subsection (2)(h) does not include disqualification from taking charge of an animal for so long as is necessary in the circumstances—

• (a) with the consent of the owner or keeper of the animal, for the purpose of caring for it;

• (b) for the purpose of alleviating any suffering of the animal,

if no alternative arrangements for its care are reasonably available.

• (5) Where the court decides not to make a disqualification order in relation to an offence under section 28C or subsection (16), it must state its reasons.

• (6) A disqualification order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to an offence under that section.

• (7) A disqualification order may apply to animals generally or to animals of any particular kind.

• (8) A disqualification order may specify a period within which an application under subsection (11) may not be made.

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

• (a) for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification applies;

• (b) pending an appeal.

• (10) A disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, to be treated as a sentence.

• (11) A person who is subject to a disqualification order may apply to the court which imposed the order to terminate or vary it.

• (12) An application under subsection (11) may not be made—

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

• (b) where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined; or

• (c) within any period specified under subsection (8) or (15).

• (13) On an application under subsection (11), the court may—

• (a) refuse the application;

• (b) terminate the disqualification order; or

• (c) vary the disqualification order so as to relax any disqualification imposed by it.

• (14) In considering an application under subsection (11), the court must have particular regard to—

• (a) the nature of the offence in relation to which the disqualification order was made;

• (b) the character of the applicant;

• (c) the conduct of the applicant since the order was made.

• (15) Where the court refuses an application made under subsection (11), the court may specify a period within which the applicant may not make a further application under that subsection in relation to that order.

• (16) A person who breaches a disqualification order commits an offence.

Seizure orders where disqualification breached

28G

• (1) Where the court is satisfied that a person who is subject to a disqualification order owns or keeps any animal in breach of the order, the court may make an order (in this section and section 28H referred to as a “ seizure order ”) in respect of all animals which the person owns or keeps in breach of the disqualification order.

• (2) A seizure order may be made—

• (a) on summary application by an inspector;

• (b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 28F(16).

• (3) In subsection (2)(a), “ inspector ” means—

• (a) a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or

• (b) a person authorised by the Scottish Ministers for those purposes.

• (4) A seizure order is an order—

• (a) depriving a person of possession or ownership (or both) of an animal; and

• (b) for—

• (i) the destruction;

• (ii) the sale; or

• (iii) another disposal,

of the animal.

• (5) A seizure order may include—

• (a) provision—

• (i) appointing a person who is to secure that the order is carried out;

• (ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i);

• (b) provision authorising—

• (i) a person appointed under paragraph (a)(i); and

• (ii) any person acting on that person's behalf,

to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept;

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

• (6) Provision under subsection (5)(c) may, in particular—

• (a) require reimbursement of any expenses reasonably incurred in carrying out the order;

• (b) relate to the retention of any proceeds of the disposal.

• (7) The court may not make a seizure order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.

• (8) Before making a seizure order, the court must give the owner of the animals concerned an opportunity to make representations unless it is not practicable for it to do so.

• (9) In determining whether or how to make a seizure order, the court must have regard to the desirability of—

• (a) protecting the value of any animal to which the order applies; and