Legalize / United Kingdom / Public General Act

Animal Health Act 1981

Type Public General Act

Publication 1981-06-11

Last updated 2026-03-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

(10) Where an application is made under subsection (2)(a), the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal until the application is finally determined.

(11) Subsections (5), (6)(a) and (9) apply in relation to an interim order as they apply in relation to a seizure order.

(12) The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the Sheriff Principal against the order.

Seizure orders where disqualification breached

28H

(1) The operation of any deprivation order or seizure order is suspended until—

(a) any period for an appeal against the order has expired;

(b) the period for an appeal against the conviction on which the order depends has expired; and

(2) Where the operation of a deprivation order or seizure order is suspended under subsection (1), or such an order is not executable because decree has not been extracted, the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal for so long as the first-mentioned order remains suspended or inexecutable.

(3) An interim order may, in particular, make provision of the sort described in—

(a) paragraphs (a) and (b) of subsection (5) of section 28G;

(b) paragraph (a) of subsection (6) of that section.

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

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

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

28I

(1) Schedule 2B to this Act has effect as to the specification of certain diseases of animals.

(2) The Scottish Ministers may by order modify Schedule 2B.

(3) 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.

(4) However, paragraph (b) of subsection (3) 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.

(5) In reckoning for the purposes of subsection (3)(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.

(6) Subsection (3)(b) is without prejudice to anything previously done by reference to a modification made by an order under subsection (2) or to the making of a new order under that subsection.

(7) An order under subsection (2) must include a statement of the reasons for making the order.

Explanation of preventive slaughter

32E

Schedule 3A to this Act has effect as to slaughter in relation to—

(a) cattle plague;

(b) pleuro-pneumonia;

(d) swine-fever;

(e) diseases of poultry; and

(f) such other diseases as are specified under paragraph 6 of that Schedule.

32F

(1) Before exercising, in relation to a particular event or state of affairs (regardless of its geographical extent), a power of slaughter conferred by or under—

(a) section 16B of this Act; or

(b) Schedule 3A to this Act,

the Scottish Ministers must make a statement under this subsection.

(2) The statement—

(a) must—

(i) describe the event or state of affairs concerned; and

(ii) express the reason why there is (in addition to, or as an alternative to, other courses of action) to be resort to exercise of that particular power for the relevant purpose;

(b) may include further information, for example—

(i) about factors that have been taken into account (including types of advice to which regard has been had);

(ii) as to procedures that are to be followed.

(3) The Scottish Ministers are to—

(a) make the statement in such manner; and

(b) publicise the statement to such extent,

as they consider appropriate.

Deliberate infection: disqualification orders

Compensation for seizure.

36ZA

(1) The Scottish Ministers may by order make provision for—

(a) the seizure of anything (whether animate or inanimate) which appears to them might be capable of carrying or transmitting any disease to which this subsection applies;

(b) the destruction, burial, disposal or treatment of anything seized under the order; and

(2) Subsection (1) does not authorise provision for the seizure of a live animal, bird or amphibian; but an order under that subsection may provide for the seizure of carcases and of anything obtained from or produced by an animal, bird or amphibian.

(3) Subsection (1) applies to the diseases in the case of which any power of slaughter is exercisable under or by virtue of section 16B, Part 2B or Schedule 3A.

(4) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person throws or places, or causes or suffers to be thrown or placed, into—

(a) any river, stream, canal, navigation or other water; or

(b) the sea within 4.8 kilometres of the shore,

the carcase of, or anything obtained from or produced by, an animal, bird or amphibian which has been slaughtered in the exercise of any power conferred by or under section 16B, Part 2B or Schedule 3A.

(5) In this section, the references to an animal mean any kind of mammal (except man).

36ZB

(1) The Scottish Ministers must pay compensation for anything seized under an order made under section 36ZA(1).

(2) But subsection (1) does not apply to—

(a) carcases seized; or

(b) other things seized which are obtained from or produced by creatures.

(3) The Scottish Ministers may pay compensation for—

(a) carcases seized under an order made under section 36ZA(1);

(b) other things seized under such an order which are obtained from or produced by creatures,

of such description as the Scottish Ministers may specify by order.

(4) The compensation payable under subsection (1) or (3) for anything seized shall be its value at the time of seizure.

(5) Where anything destroyed, buried or disposed of under an order made under paragraph (e) of section 23 could have been seized under an order made under section 36ZA(1), compensation (if any) is payable under subsections (1) or (3) as if the thing had been so seized at the time of destruction, burial or disposal.

(6) The Scottish Ministers may make such orders as they think fit for—

(a) prescribing how the value of anything seized under section 36ZA(1) is to be ascertained;

(b) regulating applications for, and the mode of payment of, any compensation payable by virtue of this section.

Power of Secretary of State to specify sheep genotypes

Restrictions on breeding from genetically susceptible sheep

Compensation for seizure.

Power of Secretary of State to specify sheep genotypes

Part 2B — TSE: Scotland

Livestock genotypes

Local authorities for purposes of this Act.

36N

(1) Where the Scottish Ministers are satisfied that an animal of a particular livestock genotype has (or has had) a form of TSE, they may by order specify for the purposes of this Part—

(a) that livestock genotype; and

(b) if they consider it appropriate, the form of TSE concerned.

(2) In subsection (1), “satisfied” means satisfied on the basis of scientific evidence.

(3) Subsection (1) does not apply in relation to any animal which has (or has had) a form of TSE solely as a consequence of scientific experimentation on the animal.

(4) For the purposes of subsection (1), it is immaterial where (whether in Scotland or elsewhere)—

(a) an animal has (or has had) a form of TSE;

(b) evidence as to that fact is obtained.

(5) For the purposes of subsection (1), it is immaterial—

(a) to what extent an animal has (or has had) a form of TSE;

(b) that an animal does not show (or has never shown) outward signs of being (or having been) affected by a form of TSE.

36O

(1) The Scottish Ministers may by regulations made by statutory instrument make provision requiring the keeper of any livestock—

(a) to allow an inspector to take a sample from it, for the purpose of ascertaining its genotype;

(b) to allow an inspector to administer or otherwise attach to it an identification device;

(c) where the genotype of the livestock has been ascertained (whether or not as a result of the exercise of powers conferred by or under this Part), to keep a record of its genotype.

(2) The regulations may include provision—

(a) with respect to the testing of samples;

(b) that only identification devices of a kind specified in the regulations may be administered or attached;

(3) The regulations may also include provision requiring the keeper of any livestock to give an inspector such assistance or information as the inspector may reasonably request in connection with the exercise of the inspector's functions under the regulations.

36P

(1) This section applies where it appears to the Scottish Ministers that livestock is of a genotype specified in an order under section 36N.

(2) If it appears to the Scottish Ministers that there are no exceptional circumstances that justify allowing the livestock, or its semen, eggs or embryos, to be used for or in connection with breeding, they may give a notice (in this Part referred to as a “restriction notice”) to its keeper.

(3) A restriction notice—

(a) may be made so as to apply to more than one creature;

(b) may describe the livestock to which it applies in such a way as the Scottish Ministers consider appropriate; and

(c) must specify the restrictions and requirements provided for in subsections (6) to (8) so far as applicable in the circumstances of the case.

(4) If the keeper of the livestock is not the same person as its owner, the Scottish Ministers may give a separate restriction notice to the owner.

(5) If the keeper of the livestock is not the same person as the person in possession of the semen, eggs or embryos of the livestock, the Scottish Ministers may give a separate restriction notice to the person in possession of the semen, eggs or embryos.

(6) A person to whom a restriction notice is given must not—

(a) use livestock to which the notice applies, or its semen, eggs or embryos, for the purposes of or in connection with breeding; or

(b) cause or permit such livestock or such semen, eggs or embryos to be used by another person for those purposes.

(7) A person to whom a restriction notice is given must arrange for any semen, egg or embryo which—

(a) has at any time been taken from livestock to which the notice applies; and

(b) is in the person's possession or under the person's control,

to be destroyed within such period, of not less than 21 days, as may be specified in the notice.

(8) A person to whom a restriction notice is given must arrange for each creature to which the notice applies and which is owned by the person—

(a) to be castrated or (as appropriate) sterilised within such period, of not less than 21 days, as may be specified in the notice; or

(b) to be slaughtered within such period, of not less than 21 days, as may be specified in the notice,

whichever the person considers appropriate.

(9) But where a request for a review is made under section 36Q(1), the operation of the restriction notice is, so far as relating to the matters subject to review, suspended until the review is determined.

(10) For the purposes of subsection (2), exceptional circumstances include circumstances in which the imposition in relation to the livestock of the restrictions and requirements mentioned in subsections (6) to (8) is likely to—

(a) cause the extinction of the breed or type of which the livestock is a member; or

(b) jeopardise the sustainability of a common or well-established breed.

(11) For the purposes of this Part, “slaughter” includes the killing of a fish.

36Q

(1) A person to whom a restriction notice is given may, within the period referred to in subsection (2)—

(a) make a written request to the Scottish Ministers for a review of the restriction notice or any part of it;

(b) make written representations to the Scottish Ministers; and

(i) an appearance, for the purposes of the review, before the assessment panel;

(ii) that the appearance be in public.

(2) The period is—

(a) 21 days beginning with the day on which the notice is given; or

(b) in exceptional circumstances, such longer period as the Scottish Ministers may agree to.

(3) The Scottish Ministers must arrange for an assessment panel to consider a review as requested under subsection (1).

(4) The proceedings of an assessment panel are to be conducted in such form and manner as the panel considers fit.

(5) The assessment panel must prepare and send a report to the Scottish Ministers which—

(a) states its findings in relation to the representations and information before it; and

(b) makes a recommendation as to how to determine the review.

(6) The Scottish Ministers, having regard to any representations made under subsection (1)(b) and the report sent to them under subsection (5), must—

(a) determine the review; and

(b) give to the person who requested the review—

(i) written notification of their determination and their reasons for it; and

(ii) if the person so requests, a copy of the report sent to them under subsection (5).

(7) The Scottish Ministers may, in so far as a review upholds a restriction notice, recover from the person who requested the review such reasonable expenses as arise from any sampling or testing carried out in connection with the review.

(8) In this section, an assessment panel—

(a) consists of one or more persons appointed by the Scottish Ministers for the purposes of this section; and

(b) must not, except with the consent of the person who requested the review, include members of the staff of the Scottish Administration.

Enforcement

36R

(1) This section applies if the Scottish Ministers are satisfied that a person has failed to comply with one or more of the restrictions or requirements imposed on that person by a restriction notice.

(2) But this section does not apply in relation to any livestock—

(a) which is the subject of a review under section 36Q which has not been determined; or

(b) which, as the result of a successful review, is no longer subject to the restriction notice.

(3) The Scottish Ministers may take such reasonable steps as they consider appropriate to secure that effect is given to any restriction or requirement.

(4) In particular, the Scottish Ministers may—

(a) cause to be destroyed any semen, egg or embryo which has not been destroyed as required under section 36P(7);

(b) cause to be castrated (or as appropriate sterilised) or slaughtered any livestock—

(i) which is the subject of the notice; but

(ii) which has neither been castrated (or as appropriate sterilised) nor slaughtered as required under section 36P(8).

(5) The Scottish Ministers may recover from the person to whom a restriction notice has been given such reasonable expenses as arise from any steps taken under subsection (3) in relation to that notice.

36S

(1) A person to whom a restriction notice is given commits an offence (whether or not the notice is the subject of a review under section 36Q) if that person—

(a) sells (or otherwise transfers to another person) livestock to which the notice applies, or any of its semen, eggs or embryos;

(b) fails, without excuse (proof of which lies on the person) to comply with any of the restrictions or requirements specified in the notice.

(2) Any other person commits an offence if that person uses any semen, egg or embryo which the person knows, or ought reasonably to know, has been taken from livestock which is the subject of a restriction notice.

(3) A person commits an offence if, without excuse (proof of which lies on the person), that person fails to comply with any provision of regulations made under section 36O.

(4) A keeper of livestock commits an offence if the keeper fails to give an inspector such assistance or information as the inspector may reasonably request in connection with the exercise by the inspector of a function under this Part.

Powers of slaughter

36T

(1) With a view to preventing the spread of any form of TSE, the Scottish Ministers may, if they think fit, cause any livestock to which this subsection applies to be slaughtered.

(2) Subsection (1) applies to livestock—

(a) whose genotype is specified by virtue of section 36N; and

(b) in relation to whose genotype the form of TSE concerned is so specified.

(3) Subsection (1) also applies to livestock whose genotype is not ascertained because—

(a) it is not reasonable in the circumstances, by reason of urgency or otherwise, to seek to ascertain the genotype; or

(b) the genotype cannot, in the absence for the time being of scientific knowledge, established method or otherwise, reasonably be ascertained.

Powers of entry

36U

(1) An inspector may enter any premises in Scotland for the purpose of—

(a) ascertaining whether a function of the Scottish Ministers or inspectors under this Part should be exercised; or

(b) doing anything in pursuance of or in connection with the exercise of that function.

(2) An inspector acting under subsection (1) must, if required, produce evidence of the inspector's authority.

Compensation

36V

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

(a) any livestock slaughtered, or other thing destroyed, in accordance with a restriction notice;

(b) any livestock slaughtered, or other thing destroyed, by virtue of section 36R;

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

General

36W

A statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of the Scottish Parliament.

36X

In this Part—

“keeper” includes an owner;

“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;

“livestock” means—any creature, including a fish, which is kept, fattened or bred for the production of food, wool, skin or fur;any creature, other than a dog, which is kept for use in the farming of land; andany equine animal;

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

“TSE” means transmissible spongiform encephalopathy.

Slaughter: warrants

Slaughter: power of entry

Slaughter: warrants

62G

(1) An inspector may enter any premises in Scotland for the purpose of—

(a) ascertaining whether a power of slaughter conferred by or under any provision mentioned in subsection (3) should be exercised; or

(b) doing anything in pursuance of or in connection with the exercise of such a power.

(2) A power of slaughter conferred by or under any provision mentioned in subsection (3) extends to the taking of any action for the purposes of or in connection with the exercise of the power.

(3) The provisions are—

(a) section 16B of;

(b) section 32 of;

(d) Schedule 3A to,

this Act.

(4) An inspector acting under subsection (1) must, if required, produce evidence of the inspector's authority.

(5) Where any power of entry conferred on an inspector by this Act is exercised in relation to premises used exclusively as a dwelling-house, 24 hours' notice of the intended entry is to be given to the occupier unless the inspector thinks the case is one of urgency.

(6) Any power of entry conferred on an inspector by this Act must be exercised at a reasonable hour unless the inspector thinks the case is one of urgency.

(7) In this section and sections 62H and 62I, an “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.

(8) In this section and sections 62H and 62I, “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.

62H

(1) A sheriff or justice of the peace may issue a warrant authorising an inspector to enter (if necessary using reasonable force) any premises in Scotland for the purpose mentioned in subsection (2), if satisfied by evidence on oath that—

(a) the first condition is satisfied; and

(b) either the second or the third condition is satisfied.

(2) The purpose is that of—

(a) ascertaining whether a function of the Scottish Ministers or inspectors under this Act should be exercised; or

(b) doing anything in pursuance of or in connection with the exercise of such a function.

(3) The evidence must include—

(a) a statement as to whether any representations have been made by the occupier of the premises to an inspector concerning the purpose for which the warrant is sought;

(b) a summary of any such representations.

(4) The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.

(5) The second condition is that each of the following applies—

(a) the occupier has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b) the occupier has failed to allow entry to the premises on being requested to do so by an inspector; and

(6) The third condition is that—

(a) the premises are unoccupied or the occupier appears to be absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises; or

(b) the object of entering would be defeated if the occupier were requested to allow entry or informed of an intention to apply for a warrant.

(7) A warrant issued under this section must be executed at a reasonable hour unless the inspector thinks the case is one of urgency.

(8) A warrant issued under this section remains in force for one month starting with the date of its grant.

62I

(1) This section applies to an inspector who enters any premises by virtue of a power conferred on the inspector by or under this Act or under a warrant under section 62H.

(2) The inspector may take on to the premises—

(a) such other persons as the inspector thinks necessary to give the inspector such assistance as the inspector thinks necessary;

(b) such equipment as the inspector thinks necessary.

(3) The inspector may require any person on the premises who falls within subsection (4) to give the inspector such assistance as the inspector may reasonably require.

(4) The following persons fall within this subsection—

(a) the occupier of the premises;

(b) a person appearing to the inspector to have charge of animals on the premises;

(c) a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).

(5) If the inspector enters any premises by virtue of a warrant issued under section 62H the inspector must at the time of entry—

(a) serve a copy of the warrant on the occupier of the premises; or

(b) if the occupier is not on the premises, leave a copy of the warrant in a conspicuous place on the premises.

(6) If the inspector enters any unoccupied premises the inspector must leave them as effectively secured against entry as the inspector found them.

Slaughter: power of entry

Power to detain vessels and aircraft.

Inspection of vehicles

Power to detain vessels and aircraft.

65B

(1) If each of the conditions in subsection (2) is satisfied, an inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of any of the following are being complied with—

(a) this Act;

(b) an order under this Act;

(d) regulations made by the Scottish Ministers under this Act.

(2) The conditions are—

(a) that the vehicle is in an infected place or area;

(b) that the inspector is accompanied by a constable in uniform.

(3) In this section, a “vehicle” includes—

(a) a trailer, a semi-trailer or other thing which is designed or adapted to be towed by another vehicle;

(b) anything on a vehicle;

(d) a container or other structure designed or adapted to be carried by or on a vehicle.

Inspection of vehicles

Issue of false licences etc.

Other offences as to licences.

Issue of false licences etc.

Issue of licences etc. in blank.

Other offences as to licences.

Yearly return to Parliament.

83A

(1) Any requirement in the provisions mentioned in subsection (3) for something to be done in writing may be met by doing that thing as described in subsection (2).

(2) That is, by using a document—

(a) transmitted by electronic means; and

(b) capable of being reproduced in legible form.

(3) Those provisions are—

(a) sections 3(2), 30(1), 36Q(1) and (6), ... 60(9), 63(4) and 65(1) of, and paragraph 2(4) of Schedule 3 to, this Act;

(b) sections 17(3), 22(7)(a), 62G(5) and 81 (each as read with section 83(1)) of this Act.

(4) But subsection (1) applies in relation to section 17(3), 22(7)(a), 30(1), 36Q(1) or (6) or 62G(5) only if—

(a) the recipient has consented to receive electronic communication for the purpose; and

(b) transmission is to an email address provided by the recipient.

(5) For the purposes of sections 17(3), 22(7)(a), 30(1) and 36Q(1), a document transmitted under subsection (1) shall be taken to be received on the day after the day of its transmission.

(6) The Scottish Ministers may, for the purposes of this Act, by order make further provision for the purposes of or in connection with—

(a) using electronic communication (including the use of electronic signatures);

(b) using documents in electronic form.

(7) An order under subsection (6)—

(a) may make provision by amending this Act or otherwise;

(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) In this section—

“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);

“electronic signature” is to be construed in accordance with section 7(2) of that Act.

SCHEDULE 2B

SCHEDULE 3A

Cattle plague

1

With a view to preventing the spread of cattle plague, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered.

Pleuro-pneumonia

2

With a view to preventing the spread of pleuro-pneumonia, the Scottish Ministers may, if they think fit, cause any cattle to be slaughtered.

Foot-and-mouth disease

3

With a view to preventing the spread of foot-and-mouth disease, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered.

Swine-fever

4

With a view to preventing the spread of swine-fever, the Scottish Ministers may, if they think fit, cause any swine to be slaughtered.

Diseases of poultry

5

With a view to preventing the spread of diseases of poultry, the Scottish Ministers may, if they think fit, cause any animals or birds to be slaughtered.

Additional power of slaughter

6

(1) With a view to preventing the spread of such disease of animals as the Scottish Ministers may by order specify, the Scottish Ministers may, if they think fit, cause to be slaughtered any animals, birds or amphibians of such description as they may so specify.

(2) A specification of animals under sub-paragraph (1) may include any kind of mammal (except man).

(3) In sub-paragraph (1), “disease” is not restricted by its definition in this Act.

Exercise of powers of slaughter

7

The Scottish Ministers may, in relation to a disease, exercise a power of slaughter conferred by paragraphs 1 to 6 whether or not the animals, birds or amphibians concerned—

(a) are affected with the disease or suspected of being affected with the disease;

(b) are or have been in contact with animals, birds or amphibians affected with the disease;

(d) have been treated with serum or vaccine (or both) against the disease.

Compensation

8

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

(a) any animals slaughtered under paragraphs 1 to 5; and

(b) any animals—

(i) of any kind to which a power of slaughter under those paragraphs relates; and

(ii) which are slaughtered by virtue of paragraph 6.

(2) An order under sub-paragraph (1) may make different provision for different cases or classes of case.

(3) An order under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Orders

9

(1) No order is made under paragraph 6 unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.

(2) But where the Scottish Ministers are of the opinion that there exists—

(a) an outbreak of a disease of animals not specified in or by virtue of paragraphs 1 to 6; or

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

sub-paragraph (1) does not apply in relation to the making of an order under paragraph 6.

(3) Where sub-paragraph (2) 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.

(4) However, paragraph (b) of sub-paragraph (3) 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.

(5) In reckoning for the purposes of sub-paragraph (3)(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.

(6) Sub-paragraph (3)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.

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

(8) In sub-paragraph (2), “disease” is not restricted by its definition in this Act.

In section 16(3), the words—

Slaughter: warrants

Powers of inspectors as to poultry.

Inspection of vehicles

Inspection of vehicles: Scotland

Refusal and obstruction of inspector

Inspection of vehicles

Other offences as to licences.

Offences made and declared by and under this Act.

Liability under the customs and excise Acts.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

Slaughter of treated animals: Scotland

Powers of entry etc. for s. 21.

Deliberate infection: deprivation orders

Seizure of diseased or suspected animals.

Deliberate infection: deprivation orders

Deliberate infection: disqualification orders

Seizure orders where disqualification breached

Explanation of preventive slaughter

Slaughter and compensation generally.

Power of Secretary of State to specify sheep genotypes

Restrictions on breeding from genetically susceptible sheep

Power to specify livestock genotypes and TSEs

Offences

Local authorities for purposes of this Act.

Slaughter: warrants

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

Powers of inspectors relating to Community obligations

Power to detain vessels and aircraft.

Refusal and obstruction.

Refusal and obstruction of inspector

Issue of licences etc. in blank.

Prosecutions: time limit

General offences.

Penalties for certain summary offences

Offences made and declared by and under this Act.

Reports to Minister.

In section 16(3), the words—

Inspection of vehicles

Refusal and obstruction of inspector

Prosecutions: time limit

Offences made and declared by and under this Act.

Liability under the customs and excise Acts.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

Reports to Minister.

In section 16(3), the words—

Liability under the customs and excise Acts.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

Power to detain vessels and aircraft.

Inspection of vehicles: Scotland

Refusal and obstruction of inspector

Issue of false licences etc.

Other offences as to licences.

Offences made and declared by and under this Act.

Liability under the customs and excise Acts.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

Identification of genetically susceptible sheep

Slaughter: supplementary

Slaughter: power of entry

Powers of inspectors as to poultry.

Power to detain vessels and aircraft.

Inspection of vehicles

Issue of licences etc. in blank.

Refusal and obstruction of inspector

Issue of false licences etc.

Other offences as to licences.

Offences made and declared by and under this Act.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

Suspension of orders pending appeal

Protocol: exercise of powers

Slaughter and compensation generally.

Slaughter: power of entry

Identification of genetically susceptible sheep

Power to specify livestock genotypes and TSEs

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

Slaughter: power of entry

Powers of inspectors as to poultry.

Inspection of vehicles: Scotland

Offences made and declared by and under this Act.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

76A

(1) The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences.

(2) The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1).

(3) The offences which may be specified are offences—

(a) under—

(i) this Act,

(ii) orders or regulations made under this Act (whether made before, on or after the coming into force of this section),

(iii) the Bees Act 1980,

(iv) orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or

(v) another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to animal health, and

(b) in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both).

(4) Regulations under subsection (1) may in particular include provision—

(a) subject to subsections (6) and (7), prescribing the form of a fixed penalty notice,

(b) prescribing the persons or categories of persons who are authorised to issue fixed penalty notices,

(d) conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices,

(e) about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notices may do so),

(f) about the circumstances in which fixed penalty notices may not be issued,

(g) about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal),

(h) prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale,

(i) prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice),

(j) prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”),

(k) about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so),

(l) about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice),

(m) conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so,

(n) about the methods by which fixed penalties may be paid,

(o) for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale),

(p) prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates),

(q) about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced),

(r) for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals),

(s) for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations,

(t) creating offences relating to—

(i) obstruction of a person who is exercising functions in relation to fixed penalty notices,

(ii) a failure to provide information requested in connection with a fixed penalty notice.

(5) The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale.

(6) A fixed penalty notice provided for in regulations under subsection (1) must—

(a) identify the offence to which it relates, and

(b) specify reasonable particulars of the circumstances alleged to constitute the offence.

(7) A fixed penalty notice provided for in regulations under subsection (1) must also state—

(a) the date on which the fixed penalty notice is issued,

(b) the amount of the fixed penalty,

(d) the payment period,

(e) the method by which payment may be made,

(f) the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period,

(g) details of any procedure for challenging or appealing the fixed penalty notice.

(8) In this section—

“animal” includes bees in any stage of their life cycle,

“enactment” includes an Act of the Scottish Parliament and an instrument under such an Act,

“fixed penalty notice” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence.

(9) Regulations under this section—

(a) are subject to the affirmative procedure,

(b) may make—

(i) incidental, supplementary, consequential, transitional, transitory or saving provision,

(ii) different provision for different purposes,

Slaughter of vaccinated animals

Slaughter of treated animals: Scotland

Powers of entry etc. for s. 21.

Seizure of diseased or suspected animals.

Deliberate infection: disqualification orders

Seizure orders where disqualification breached

Suspension of orders pending appeal

Slaughter and compensation generally.

Seizure and disposal of carcases etc.

Secretary of State’s powers of enforcement

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

Slaughter: power of entry

Powers of inspectors as to poultry.

Power to detain vessels and aircraft.

Inspection of vehicles

Inspection of vehicles: Scotland

Refusal and obstruction of inspector

Issue of false licences etc.

Other offences as to licences.

Liability under the customs and excise Acts.

Certain importation offences triable either summarily or on indictment.

Yearly return to Parliament.

In section 16(3), the words—

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

Powers of inspectors relating to assimilated law

Power to detain vessels and aircraft.

Inspection of vehicles

Refusal and obstruction.

Refusal and obstruction of inspector

Prosecutions: time limit

General offences.

Penalties for certain summary offences

Fixed penalty notices

Reports to Minister.

In section 16(3), the words—

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