- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person commits an offence if the person—
(a)carries out a prohibited procedure on a protected animal, or
(b)causes a prohibited procedure to be carried out on a protected animal.
(2)A person (“person A”) who is responsible for an animal commits an offence if—
(a)another person carries out a prohibited procedure on the animal, 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.
(3)A person commits an offence if the person takes a protected animal, or causes a protected animal to be taken, from a place in Scotland for the purpose of having a prohibited procedure carried out on the animal at a place outwith Scotland.
(4)In this section, references to the carrying out of a prohibited procedure on an animal are to the carrying out of a procedure which involves interference with the sensitive tissues or bone structure of the animal.
(5)This section does not apply—
(a)in relation to a procedure which is carried out for the purpose of medical treatment of an animal,
(b)in relation to a procedure which is carried out—
(i)for a purpose which,
(ii)in such manner as, and
(iii)in accordance with such conditions as,
the Scottish Ministers may by regulations specify, or
(c)in such circumstances as the Scottish Ministers may by regulations specify.
(6)Before making regulations under subsection (5), the Scottish Ministers must consult—
(a)such persons appearing to them to represent relevant interests, and
(b)such other persons,
as they consider appropriate.
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
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: