The Sheep Scab (Scotland) Order 2010

Seizure of sheep by local authority

10.—(1) A local authority may seize and detain—

(a) any sheep which are found on land specified in a clearance notice while that notice is in force and which have not been authorised to go onto that land by the local authority; and

(b) any affected sheep living in the local authority area where the owner cannot immediately be identified.

(2) Where sheep are seized and detained under paragraph (1), the owner of the sheep may take possession of the sheep if, within 7 days following seizure, that person—

(a) establishes his or her right of ownership of the sheep; and

(b) pays to the local authority the expenses incurred in seizing and detaining the sheep.

(3) In the event that no person has claimed possession of the sheep within 7 days of seizure, the local authority may—

(a) treat and sell the sheep; or

(b) cause the sheep to be slaughtered and sell the carcase.

(4) Where a local authority exercises an option under paragraph (3), it must—

(a) deduct expenses incurred from the proceeds of sale; and

(b) retain any sums remaining for payment to any person who can establish that the sheep belonged to him or her.