- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person commits an offence if—
(a)the person causes a protected animal unnecessary suffering by an act, and
(b)the person knew, or ought reasonably to have known, that the act would have caused the suffering or be likely to do so.
(2)A person who is responsible for an animal commits an offence if—
(a)the person causes the animal unnecessary suffering by an act or omission, and
(b)the person knew, or ought reasonably to have known, that the act or omission would have caused the suffering or be likely to do so.
(3)A person (“person A”) who is responsible for an animal commits an offence if—
(a)another person causes the animal unnecessary suffering by an act or omission, and
(i)permits that to happen, or
(ii)fails to take such steps (whether by way of supervising the other person or otherwise) as are reasonable in the circumstances to prevent that happening.
(4)The considerations to which regard is to be had in determining, for the purposes of subsections (1) to (3), whether suffering is unnecessary include—
(a)whether the suffering could reasonably have been avoided or reduced,
(b)whether the conduct concerned was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment,
(c)whether the conduct concerned was for a legitimate purpose, for example—
(i)the purpose of benefiting the animal, or
(ii)the purpose of protecting a person, property or another animal,
(d)whether the suffering was proportionate to the purpose of the conduct concerned,
(e)whether the conduct concerned was in the circumstances that of a reasonably competent and humane person.
(5)This section does not apply to the destruction of an animal in an appropriate and humane manner.
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.
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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