Animal Welfare Act 2006 Explanatory Notes

Scotland

Section 46: Effect in Scotland of disqualification under section 34

182.The disqualification provision in section 34 replaces, for England and Wales, that under the Protection of Animals (Amendment) Act 1954 (c.40). Because the 1954 Act extends to Scotland, as well as to England and Wales, the position at present is that a disqualification order made by a court in England and Wales has effect in Scotland. Since section 34 only extends to England and Wales, it is necessary to make further provision in this section to secure the result that disqualification orders made by a court in England and Wales also have effect in Scotland.

183.Subsection (1) ensures that disqualification orders imposed by courts in England and Wales have effect in Scotland. Subsections (2) and (3) provide that breach of a disqualification order constitutes an offence and set down the penalties that apply. As the ‘custody plus’ scheme (see section 32) does not extend to Scotland, the maximum prison term there will be six months.

Section 47: Deprivation orders in connection with offence under section 46(2)

184.This section gives a Scottish court power to deprive a person of ownership or possession (or both) and order disposal of an animal to which a conviction under section 46(2) for breach of a disqualification order relates.

185.Subsection (2) gives the court power not only to deprive a person of ownership or possession of the animal but also to order that the animal be disposed of, including destruction or sale.

186.Subsection (6) gives the court ancillary powers when making a deprivation order, such as the power to appoint a person to carry it out, and a power to require the person in possession of the animal to give it up. Subsection (7) provides that these powers may include a provision ordering the convicted person to reimburse the expenses of the person carrying it out, and a provision depriving the convicted person of the proceeds of the animal’s disposal.

187.Subsection (8) stipulates that destruction of the animal may only be ordered where it is in the animal’s interests.

Section 48: Seizure orders where disqualification breached: Scotland

188.This section provides that an inspector may make an application to a court in Scotland for seizure of animals that are being kept in Scotland in breach of a disqualification order made in England and Wales. Unlike under section 47, subsection (2) provides that criminal proceedings for breach of the disqualification need not have been initiated against the person, nor need there be any intention of doing so. However, the court will have to be satisfied that a person owns or is keeping animals in breach of the disqualification order concerned.

Section 49: Appeals against deprivation orders and seizure orders

189.This section provides the mechanism by which orders made under section 47 or 48 can be appealed and also ensures that no orders made under section 47 or 48, can be given effect until the period for giving notice of appeal against the order or conviction has expired, or if notice of appeal is given, until the appeal has been withdrawn or decided.

190.Subsection (5) provides for the court to make interim orders in relation to the animal’s keeping while the order under section 47 or 48 is suspended.

Section 50: Deprivation orders, seizure orders and interim orders: offences

191.Subsection (1) makes it an offence to sell or dispose of an animal that is subject to a suspended deprivation order.

192.Subsection (2) makes it an offence to obstruct a person carrying out a deprivation, seizure or interim order.

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