Search Legislation

Animal Health and Welfare (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

12Powers of entry etc.

This section has no associated Explanatory Notes

After section 62F of the 1981 Act there is inserted—

62GPowers of entry etc.: Scotland

(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;

(c)Schedule 3 to;

(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.

62HWarrants

(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

(c)the occupier has been informed of the intention to apply for the warrant.

(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.

62IEntry and warrants: supplementary

(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..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources