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In force since 2026-07-24, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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The Ministers may make such orders as they think fit— (a) for prescribing and regulating the seizure, detention and disposal of a diseased or suspected animal exposed, carried, kept or otherwise dealt with in contravention of an order of the Minister; and (b) for prescribing and regulating the liability of the owner or consignor or consignee of such animal to the expenses connected with its seizure, detention and disposal.
Propose a change(1) A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he knowingly does anything which causes or is intended to cause an animal to be infected with a disease specified in Schedule 2A. (2) A person guilty of an offence under subsection (1) 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. (3) The Secretary of State may by order amend Schedule 2A. (4) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in— (a) any animals, or (b) any animals of a specified kind. (2) The court may suspend the operation of the 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 relates; (b) pending an appeal. (3) A person who is disqualified under subsection (1) may from time to time apply to the court which imposed the disqualification to remove it or vary it. (4) On an application under subsection (3) the court may by order— (a) refuse the application, (b) remove the disqualification, or (c) vary the disqualification to apply it only to such animals or kind of animals as it specifies. (5) In considering an application under subsection (3) the court may have regard to— (a) the nature of the offence in respect of which the disqualification was imposed; (b) the character of the applicant; (c) his conduct since the disqualification was imposed. (6) The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts. (7) A further application must not be made before the end of the period of one year starting with the date of the court’s last order. (8) For the purposes of this section keeping or dealing in an animal includes— (a) having custody or control of an animal; (b) being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.
Propose a change(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).
Propose a change(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.
Propose a change(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).
Propose a change(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.
Propose a change(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 (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.
Propose a change(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 (c) any appeal against the order or that conviction has been withdrawn or finally determined. (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.
Propose a change(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.
Propose a change(1) This section shall have effect with a view to reducing the risk to human health from any disease of, or organism carried in, animals; and the Ministers may by order designate any such disease or organism which in their opinion constitutes such a risk as is mentioned in this subsection. In this section “disease” is not restricted by its definition in this Act. (2) Where any disease or organism is for the time being designated under this section, the Ministers may by order— (a) provide for any provision of this Act which has effect in relation to the disease to have that effect in relation to the disease so designated subject to such modifications as may be specified in the order; (b) apply any provision of this Act, subject to any modifications so specified, in relation to the presence of the organism in an animal as if the presence of the organism were a disease to which this Act applied. (3) The Ministers may by order make provision for requiring a person who, in such circumstances as are specified by the order, knows or has reason to suspect that an animal of such description as is specified in the order is or was— (a) affected with a disease designated under this section, or (b) a carrier of an organism so designated, to furnish to such person and in such form and within such period as are specified in the order such information relating to the animal as is so specified.
Propose a change(1) If it appears to the appropriate Minister that a person may have information relating to— (a) an animal affected with a disease designated under section 29 above, or (b) an animal which is a carrier of an organism so designated, that Minister may by notice in writing require him to furnish to such person and in such form and within such period as are specified in the notice such information relating to the animal as he possesses and is so specified. In this section “disease” is not restricted by its definition in this Act. (2) Where a veterinary inspector has reason to believe that an animal such as is mentioned in subsection (1) above is or has been on any land he may, on producing if so required evidence of his authority— (a) enter the land and make such tests and take such samples of any animal, feeding stuff, litter, dung, vessel, pen, vehicle or other thing whatsoever which is on or forms part of the land as he thinks appropriate for the purpose of ascertaining whether such an animal is or has been on the land; and (b) require the owner or person having charge of any animals on the land to take such reasonable steps as the inspector may specify for the purpose of collecting or restraining them so as to facilitate the exercise in relation to them of the powers conferred on the inspector by paragraph (a) above. (3) A person is guilty of an offence against this Act who— (a) fails to comply with a requirement imposed on him by virtue of section 29 and this section; or (b) in purported compliance with a requirement to furnish information which is imposed on him by virtue of section 29 and this section, knowingly or recklessly furnishes information which is false in a material particular.
Propose a changeSchedule 3 to this Act has effect as to the slaughter of animals in relation to— (a) cattle plague; (b) pleuro-pneumonia; (c) foot-and-mouth disease; (d) swine-fever; and (e) diseases of poultry.
Propose a change(1) The Minister may, if he thinks fit, cause to be slaughtered any animal which— (a) is affected or suspected of being affected with any disease to which this section applies; or (b) has been exposed to the infection of any such disease. (2) This section applies to such diseases of animals as may from time to time be directed by order of the Ministers. (3) The Minister shall pay for animals slaughtered under this section compensation of such amount as may be determined in accordance with scales prescribed by order of the Minister made with the Treasury’s approval. A statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) This section does not apply to poultry; and in this section— (a) “animals” includes horses; (b) “disease” is not restricted by its definition in this Act.
Propose a change(1) The Secretary of State may by order amend Schedule 3 for the purpose of— (a) authorising or requiring the slaughter of animals to be caused with a view to preventing the spread of disease other than foot-and-mouth disease; (b) requiring the payment of compensation in respect of animals slaughtered by virtue of the order. (2) An order under this section may include— (a) amendments corresponding to those made by section 1 of the Animal Health Act 2002; (b) amendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order); (c) supplementary or incidental provisions (including amendments of provisions other than Schedule 3). (3) No order may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Propose a change(1) This section applies to a power exercisable by the Secretary of State under— (a) paragraph 3(1)(c) of Schedule 3; (b) such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies; (c) such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies. (2) The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating— (a) the purposes for which any power to which this section applies will be exercised; (b) the principal factors to be taken into account in deciding whether to exercise the power; (c) the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised, which shall include the application of such methods of detecting disease in animals as may be available; (d) the procedure to be followed by persons who have functions in relation to the exercise of the power; (e) the means by which a particular decision to exercise the power may be reviewed. (3) After preparing a draft of the disease control (slaughter) protocol 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 the exercise of the power; (b) must consider any representations made to him about the draft by such persons and organisations; (c) may amend the draft accordingly. (4) After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate. (5) The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol. (6) Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation. (7) 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. (8) It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002.
Propose a change(1) A power to which section 32B applies must not be exercised unless the protocol mentioned in that section 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 who has any function in relation to the exercise of a power to which section 32B applies fails to act in accordance with the protocol he is not by reason only of that failure liable in any civil or criminal proceedings. (4) But the protocol 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.
Propose a change(1) This section applies to a power exercisable by the Secretary of State under— (a) paragraph 3(1)(c) of Schedule 3; (b) any other provision of that Schedule as amended by an order under section 32A(1)(a). (2) The Secretary of State must not exercise a power to which this section applies unless before he first exercises the power in relation to any description of circumstances he publishes his reasons in relation to the circumstances of that description— (a) for the exercise of the power; (b) for not exercising his power under section 16 to cause animals to be treated with serum or vaccine. (3) If the Secretary of State does not comply with subsection (2) in relation to any description of circumstances anything done in connection with the exercise of the power in such circumstances must be taken to have been done without lawful authority.
Propose a changeSchedule 3A to this Act has effect as to slaughter in relation to— (a) cattle plague; (b) pleuro-pneumonia; (c) foot-and-mouth disease; (d) swine-fever; (e) diseases of poultry; and (f) such other diseases as are specified under paragraph 6 of that Schedule.
Propose a change(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.
Propose a change(1) The Minister may, for the purposes of his powers under this Act relating to the slaughter by him of animals, birds or amphibians, employ such additional inspectors, valuers and other persons, and at such remuneration, and may incur such expenses, as, subject to the approval of the Treasury, he thinks necessary. (2) In this section, “animals” means any kind of mammal (except man).
Propose a change(1) The Minister may, notwithstanding anything in this Act, reserve for observation and treatment an animal , bird or amphibian liable to be slaughtered under this Act at his direction but subject to payment of compensation by him as in case of actual slaughter. (2) Where an animal , bird or amphibian has been slaughtered under this Act at the Minister’s direction, the carcase of the animal , bird or amphibian shall belong to the Minister and shall be buried, or sold, or otherwise disposed of by him, or as he directs, as the condition of the animal , bird or amphibian or carcase and other circumstances may require or admit. (3) If, in any case, the sum received by the Minister on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal , bird or amphibian slaughtered, he shall pay that excess to the owner, after deducting reasonable expenses. (4) Where an animal , bird or amphibian has been slaughtered under this Act at the Minister’s direction, he may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal , bird or amphibian and suitable in that behalf, or any common or unenclosed land. (5) If the owner of an animal , bird or amphibian slaughtered under this Act at the Minister’s direction has an insurance on the animal , bird or amphibian , the amount of the compensation awarded to him under this Act may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect of it. (6) Notwithstanding anything in this Act, the Minister may, if he thinks fit, withhold, either wholly or partially, compensation or other payment in respect of an animal , bird or amphibian slaughtered under this Act at his discretion, where the animal , bird or amphibian , being an imported animal , bird or amphibian , was in his judgment diseased at the time of its landing or, before or while being brought from a member State, exposed to the infection of disease. (7) The Ministers may make such orders as they think fit for all or any of the following purposes— (a) for prescribing the mode of ascertainment of the value of an animal , bird or amphibian slaughtered, or liable to be slaughtered, at their direction; (b) for regulating applications for, and the mode of payment of, compensation; (c) for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals , birds or amphibians slaughtered at their direction, and they may by order provide that subsection (6) above shall cease to have effect. (8) In this section— “animal” means any kind of mammal (except man); “disease” is not restricted by its definition in this Act.
Propose a change(1) The Ministers may by order make such provision— (a) for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and (b) for the destruction, burial, disposal or treatment of anything seized under the order, as they may think expedient for preventing the spread of any such disease. (1A) Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal. In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly. (2) Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say— (a) to cattle plague, pleuro-pneumonia, foot-and-mouth disease , swine-fever and transmissible spongiform encephalopathies, and any disease within the meaning of section 32 above to which that section for the time being applies and any disease in respect of which an order under section 32A is in force; and (b) to any disease as defined in relation to poultry by or under section 88 below. (3) The Ministers may make such orders as they think fit— (a) for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected; (b) for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1); (c) for prohibiting or regulating the digging up of carcases which have been buried. (4) A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him— (a) throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or (b) digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.
Propose a change(1) The Minister shall pay compensation— (a) for anything seized under an order made by virtue of section 35(1) above for the purpose of preventing the spread of foot-and-mouth disease; (b) for anything seized under such an order for the purpose of preventing the spread of any other disease to which section 35(1) applies, except the carcase of or anything obtained from or produced by any animal or bird affected with that disease. (2) The Ministers may by order provide for the payment by the Minister of compensation for carcases of, or things obtained from or produced by animals or birds affected with any disease to which section 35(1) applies other than foot-and-mouth disease or fowl pest being carcases or things seized under an order made by virtue of section 35(1) above. (3) The compensation payable under subsection (1) or subsection (2) above for anything seized shall be its value at the time of seizure. (4) Where anything destroyed, buried or disposed of under an order made under paragraph (e) of section 23 above could have been seized under an order made under section 35(1), the Minister shall pay the like compensation (if any) for it as if it had been so seized at the time of the destruction, burial or disposal. (5) The Ministers may make such orders as they think fit for all or any of the following purposes— (a) for prescribing how the value of anything seized under section 35(1) is to be ascertained; (b) for regulating applications for, and the mode of payment of, any compensation payable by virtue of this section; (c) for prescribing and regulating the destruction, burial or disposal of anything seized under section 35(1).
Propose a change(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 (c) regulating the matters mentioned in paragraphs (a) and (b). (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).
Propose a change(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.
Propose a change(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.
Propose a change(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; (c) requiring the issuing and keeping of certificates recording the genotypes of livestock. (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.
Propose a change(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.
Propose a change(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 (c) request— (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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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.
Propose a change(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; (c) any livestock slaughtered by virtue of section 36T(1). (2) An order under subsection (1) may make different provision for different cases or classes of case.
Propose a changeA statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Propose a changeIn this Part— “keeper” includes an owner; “inspector” means— a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or a 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; and any equine animal; “premises” includes— any land or building; or any other place, in particular— a vehicle or vessel; or a tent or moveable structure; “TSE” means transmissible spongiform encephalopathy.
Propose a change(1) The Ministers may make such orders as they think fit for the purpose of protecting animals from unnecessary suffering— (a) during inland transit, including transit by an aircraft on a flight beginning and ending in Great Britain; or (b) while exposed for sale; or (c) while awaiting removal after being exposed for sale. (2) The Ministers may make such orders as they think fit— (a) for ensuring for animals carried by sea or by air proper ventilation during the passage and on landing; and (b) for protecting them from unnecessary suffering during the passage and on landing.
Propose a change(1) The Ministers may make such orders as they think fit for ensuring for animals a proper supply of food and water— (a) for any period in which the animals are detained; and (b) during their passage by sea or by air and on landing. (2) The following bodies— (a) The Boards established by the Transport Act 1962, (b) the London Transport ExecutiveTransport for London, and (c) every railway company, shall to the satisfaction of the appropriate Minister provide food and water, or either of them, at such railway stations as the appropriate Minister by general or specific description directs, for animals carried, or about to be or having been carried, on the railway of any of those bodies, and the additional provisions of Schedule 4 to this Act have effect accordingly. In this subsection and in Schedule 4— (i) references to the bodies mentioned in paragraphs (a) and (b) include in the case of those mentioned in paragraph (a) wholly-owned subsidiaries of those bodies and in the case of Transport for London, any of its subsidiaries (within the meaning of the Greater London Authority Act 1999); (ii) “railway company” includes a person working a railway under lease or otherwise.
Propose a change(1) The Ministers may by order provide in the interests of animal welfare for regulating the exportation from Great Britain of animals, and in particular— (a) for prohibiting exportation without such certificate or licence as may be prescribed by the order; and (b) as to the circumstances in which and conditions on which a certificate or licence may be obtained. (2) Without prejudice to the generality of subsection (1) above, an order under this section may include provision for requiring persons proposing to export animals from Great Britain to furnish information about— (a) the intended ultimate destination of the animals; (b) the arrangements for conveying them to that destination; and (c) any other matters which may be specified in the order.
Propose a change