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This is the original version (as it was originally enacted).

26Provision for securing welfare

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make provision for the purposes of, and in connection with, securing the welfare of—

(a)animals for which a person is responsible,

(b)the progeny of such animals.

(2)Regulations under subsection (1) may include, in particular—

(a)provision prescribing general or specific requirements or prohibitions,

(b)provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations,

(c)provision—

(i)that breach of a provision of the regulations is an offence,

(ii)for penalties as respects the offence,

(d)provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 or otherwise) in relation to an offence under the regulations,

(e)provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with breaches (and suspected breaches) of provisions of the regulations,

(f)provision—

(i)that obstructing a person in the exercise of a power conferred by the regulations is an offence,

(ii)for penalties as respects the offence,

(g)provision (whether or not subject to specified conditions) for exemptions from, or qualification to, any requirements, prohibitions or offences provided for in the regulations.

(3)For the purpose of subsection (2), requirements and prohibitions may, in particular, relate to—

(a)the prevention of suffering,

(b)the way in which animals are looked after and the conditions in which they are kept,

(c)the identification of animals (whether by use of marks, microchips or otherwise),

(d)the breeding and rearing of animals,

(e)how animals are transported,

(f)how animals are prepared for killing and are killed,

(g)hygiene,

(h)the prevention of disease and of the spread of disease,

(i)the keeping of records.

(4)Regulations under subsection (1) may also make provision for fees or other charges in relation to the exercise of functions under the regulations.

(5)Before making regulations under subsection (1), 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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