Search Legislation

Animal Health and Welfare (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

33Release orders where animals taken

This section has no associated Explanatory Notes

(1)The court may order that any animal taken into possession under section 32 be given up to a person specified in the order.

(2)An order under subsection (1) may be made on summary application by—

(a)the owner of the animal, or

(b)any other person appearing to the court to have a sufficient concern for the animal.

(3)A person is entitled to be heard in relation to an application for an order under subsection (1) if (despite not being the applicant) the person is—

(a)the owner of the animal,

(b)an inspector,

(c)a constable who—

(i)took the animal into possession under section 32,

(ii)is caring for, or has arranged for the care of, the animal under that section,

(d)a person—

(i)with whom an arrangement for the care of the animal has been made under that section, and

(ii)who is authorised by the Scottish Ministers to be heard in relation to the application, or

(e)any other person appearing to the court to have a sufficient concern for the animal.

(4)In determining whether to make an order under subsection (1), the court must have regard to the desirability of—

(a)protecting the value of any animal to which the order applies, and

(b)avoiding increasing any expenses which a person may be required to reimburse.

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