Animal Health and Welfare (Scotland) Act 2006

37 Animal welfare codes

(1) The Scottish Ministers may make codes of practice for the purpose of providing practical guidance in respect of any provision made by this Part or by regulations under this Part.

(2) Before making a code of practice under subsection (1) (in this section referred to as an “animal welfare code”), the Scottish Ministers must consult—

(a) such persons appearing to them to represent relevant interests, and

(b) such other persons,

as they consider appropriate.

(3) An animal welfare code may—

(a) make different provision for different cases or class of case,

(b) revise a previous code.

(4) The Scottish Ministers may by notice revoke, with such transitional or saving provision as they consider to be necessary or expedient, any animal welfare code.

(5) The Scottish Ministers must, in such manner and to such extent as they consider appropriate, publicise any animal welfare code.

(6) An animal welfare code—

(a) requires to be laid before, and approved by resolution of, the Scottish Parliament, and

(b) comes into effect on such date after approval under paragraph (a) as is specified in the code.

(7) A notice revoking an animal welfare code—

(a) requires to be laid before, and approved by resolution of, the Parliament, and

(b) revokes the code on such date after approval under paragraph (a) as is specified in the notice.

(8) A person’s failure to comply with a provision of an animal welfare code does not of itself render the person liable to proceedings of any sort.

(9) In any proceedings for an offence under this Part, or under regulations made under section 26 or 27—

(a) failure to comply with a relevant provision of an animal welfare code may be relied upon as tending to establish liability,

(b) compliance with a relevant provision of an animal welfare code may be relied upon as tending to negative liability.