SCHEDULE 2 SModification of enactments

Animal health provisions S

2 (1) In section 22 (powers of entry etc. for section 21) of that Act, subsection (5) is repealed. S

(2) In section 27 (exclusion of strangers) of that Act—

(a) in subsection (1), after the word “animals” in each place where it occurs there is inserted “ , birds or amphibians ”,

(b) after subsection (2) there is added—

“(3) In this section—

• “animals” means any kind of mammal (except man);

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

(3) In section 33 (additional staff and expenses) of that Act—

(a) the existing words become subsection (1),

(b) in that subsection, after the word “animals,” there is inserted “ birds or amphibians, ”,

(c) after that subsection there is inserted—

“(2) In this section, “animals” means any kind of mammal (except man).”.

(4) In section 34 (slaughter and compensation generally) of that Act—

(a) after the word “animal” in each place where it occurs there is inserted “ , bird or amphibian ”,

(b) in subsection (7), in paragraph (c), after the word “animals” there is inserted “ , birds or amphibians ”,

(c) after that subsection there is added—

“(8) In this section—

• “animal” means any kind of mammal (except man);

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

(5) In section 60 (duties and authorities of constables) of that Act—

(a) in subsection (1), after the word “Act” there is inserted “ , regulations made by the Scottish Ministers under this Act ”,

(b) in subsection (5)—

(i) for the words “other officer” there is substituted “ inspector ”,

(ii) for the word “officer” in the second place where it occurs there is substituted “ inspector ”,

(iii) after paragraph (b) there is inserted—

“(ba) of regulations made by the Scottish Ministers under this Act,”.

(6) In section 63 (general powers of inspectors) of that Act—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that the carcase of an animal, bird or amphibian slaughtered by virtue of section 16B, Part 2B or Schedule 3A is or has been kept, or has been buried, destroyed, or otherwise disposed of; or”,

(b) in subsection (2)(c), after the word “Minister,” there is inserted “ or of a regulation of the Scottish Ministers under this Act, ”,

(c) in subsection (2)(d), after the word “Minister” there is inserted “ or a regulation of the Scottish Ministers under this Act ”,

(d) in subsection (3), after the word “Minister” there is inserted “ or a regulation of the Scottish Ministers under this Act ”,

(e) in subsection (7), after the word “animal” there is inserted “ , bird or amphibian ”,

(f) after that subsection there is inserted—

“(7A) In subsection (7)—

• “animal” means any kind of mammal (except man);

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

(g) after subsection (9) there is added—

“(10) An inspector acting under this section must, if required, produce evidence of the inspector's authority.”.

(7) In section 64 (powers of inspectors as to poultry) of that Act, after subsection (2) there is added—

“(3) An inspector acting under this section must, if required, produce evidence of the inspector's authority.”.

(8) In section 65(1) (power to detain vessels and aircraft) of that Act, after the word “Minister” in the second place where it occurs, there is inserted “ or a regulation of the Scottish Ministers under this Act ”.

(9) In section 66(a) (refusal and obstruction) of that Act, after the word “Minister,” there is inserted “ or of regulations made by the Scottish Ministers under this Act, ”.

Commencement Information

I1 Sch. 2 para. 2 in force at 6.10.2006 by S.S.I. 2006/482, art. 2