- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Animal Health and Welfare (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)In the Animal Health Act 1981 (c. 22) (in this Part referred to as the “1981 Act”), after section 32D there is inserted—
Schedule 3A to this Act has effect as to slaughter in relation to—
(e)diseases of poultry; and
(f)such other diseases as are specified under paragraph 6 of that Schedule.”.
(2)After Schedule 3 to that Act there is inserted—
(introduced by section 32E)
1With a view to preventing the spread of cattle plague, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered.
2With a view to preventing the spread of pleuro-pneumonia, the Scottish Ministers may, if they think fit, cause any cattle to be slaughtered.
3With 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.
4With a view to preventing the spread of swine-fever, the Scottish Ministers may, if they think fit, cause any swine to be slaughtered.
5With 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.
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.
7The 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;
(c)have been in any way exposed to the disease; or
(d)have been treated with serum or vaccine (or both) against the disease.
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
(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.
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—
(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.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: