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This is the original version (as it was originally enacted).
(1)Where a person is convicted of an offence under section 1(1), the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that person when the order is made or which come into that person’s keeping during the relevant period.
(2)Where a person is convicted of an offence under section 1(2) in respect of animals kept by another person, the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that other person when the order is made or which come into that other person’s keeping during the relevant period.
(3)In subsections (1) and (2), the “relevant period” is the period beginning with the making of the forfeiture order and ending with the destruction or other disposal of the animals in pursuance of the order.
(4)For the purposes of this Act, a forfeiture order is an order for the forfeiture and destruction or other disposal of the animals to which the order applies (including any subsequent progeny of those animals).
(5)A forfeiture order operates so as to deprive any person of that person’s rights in the animals.
(6)The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way.
(7)In deciding whether to make a forfeiture order, the court must take into account any representations made to it by any person who has an interest in any animals to which the order may apply.
(8)Any person who has an interest in any animals in respect of which the court has made a forfeiture order may appeal to the High Court of Justiciary against the order within the period of 7 days beginning with the date of the order.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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