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Animal Health and Welfare (Scotland) Act 2006

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This is the original version (as it was originally enacted).

20Mutilation

This section has no associated Explanatory Notes

(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

(b)person A—

(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.

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