Search Legislation

Animal Health and Welfare (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

34Disposal orders where animals taken

This section has no associated Explanatory Notes

(1)The court may, in relation to any animal taken into possession under section 32, order—

(a)that specified treatment be administered to the animal,

(b)that the animal be—

(i)destroyed,

(ii)sold, or

(iii)disposed of in another manner.

(2)An order under subsection (1) may include—

(a)provision appointing a person who is to secure that the order is carried out,

(b)such other provision as the court considers appropriate in connection with the order.

(3)Provision under subsection (2)(b) may, in particular, require reimbursement of any expenses reasonably incurred in carrying out the order.

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

(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 make the application, or

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

(5)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)a person mentioned in paragraph (a) to (c) or (e) of subsection (4), or

(b)a person—

(i)with whom an arrangement for the care of the animal has been made under section 32, and

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

(6)The court may not make an order under subsection (1) which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.

(7)Before making an order under subsection (1), the court must give the owner of the animal an opportunity to make representations unless it is not practicable for it to do so.

(8)In determining whether or how 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.

(9)If an owner of an animal is subject to any liability by virtue of—

(a)section 32(11),

(b)subsection (3),

any sum which the owner is due from any proceeds of sale of the animal under this section may be used to offset the liability.

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