Search Legislation

Fur Farming (Prohibition) (Scotland) Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Fur Farming (Prohibition) (Scotland) Act 2002 (without Schedules)

 Help about opening options

Alternative versions:

Status:

Point in time view as at 22/09/2015.

Changes to legislation:

There are currently no known outstanding effects for the Fur Farming (Prohibition) (Scotland) Act 2002. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1 Offences relating to fur farmingS

(1)Any person who keeps animals solely or primarily—

(a)for slaughter (whether by that person or another) for the value of their fur, or

(b)for breeding progeny for such slaughter,

is guilty of an offence.

(2)Any person who causes or permits another person to keep animals as mentioned in subsection (1) is guilty of an offence.

(3)The references in subsection (1) to keeping animals for slaughter and to breeding progeny for slaughter include keeping or (as the case may be) breeding them for sale for slaughter.

(4)Where an offence under this section has been committed by a body corporate and it has been committed with the consent or connivance of, or is attributable to the neglect of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence.

(5)Where an offence under this section has been committed by a Scottish partnership and it has been committed with the consent or connivance of, or is attributable to the neglect of, a partner, that partner as well as the partnership is guilty of the offence.

(6)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding £20,000.

2 Forfeiture ordersS

(1)Where a person is convicted of an offence under section 1(1), the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that person when the order is made or which come into that person’s keeping during the relevant period.

(2)Where a person is convicted of an offence under section 1(2) in respect of animals kept by another person, the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that other person when the order is made or which come into that other person’s keeping during the relevant period.

(3)In subsections (1) and (2), the “relevant period” is the period beginning with the making of the forfeiture order and ending with the destruction or other disposal of the animals in pursuance of the order.

(4)For the purposes of this Act, a forfeiture order is an order for the forfeiture and destruction or other disposal of the animals to which the order applies (including any subsequent progeny of those animals).

(5)A forfeiture order operates so as to deprive any person of that person’s rights in the animals.

(6)The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way.

(7)In deciding whether to make a forfeiture order, the court must take into account any representations made to it by any person who has an interest in any animals to which the order may apply.

(8)Any person who has an interest in any animals in respect of which the court has made a forfeiture order may appeal to the [F1Sheriff Appeal Court] against the order within the period of 7 days beginning with the date of the order.

3 Enforcement of forfeiture ordersS

(1)Where the court makes a forfeiture order, it may in particular—

(a)appoint a person to carry out the order,

(b)impose requirements on any person in relation to the keeping of the animals concerned pending their destruction or other disposal,

(c)order the offender to pay such sum as it may determine to be the reasonable expenses of carrying out the order and, where the offender does not keep the animals, of keeping them pending their destruction or other disposal,

(d)make such provision as it considers appropriate in relation to the operation of the order pending the making or determination of any appeal or application relevant to the order.

(2)Section 221 (recovery of fines by civil diligence) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies to the recovery of any sums ordered to be paid under subsection (1)(c) as it applies to fines ordered to be recovered by civil diligence in pursuance of that Act.

(3)A forfeiture order must not be carried out—

(a)before the end of the period within which an appeal may be made under section 2(8),

(b)where such an appeal is made, before the date on which it is determined or abandoned.

4 Powers of entry and enforcementS

(1)A person authorised in writing by the Scottish Ministers (whether generally or in a particular case) may at any reasonable time enter any premises on which that person has reasonable grounds for suspecting that an offence under section 1(1) has been or is being committed and may inspect the premises and any animals or things found there.

(2)A person appointed by the court under section 3(1)(a) may at any reasonable time enter any premises on which that person has reasonable grounds for suspecting that animals to which the order applies are being kept, and exercise that person’s powers under the order.

(3)A person acting in pursuance of subsection (1) or (2) must, if required by or on behalf of the owner or occupier or person in charge of the premises—

(a)produce evidence of that person’s identity and authority or (as the case may be) appointment,

(b)state in writing that person’s reasons for entering.

(4)Any person who intentionally obstructs or delays a person acting in pursuance of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)In this section—

  • premises” includes any place other than a house,

  • house” means any building for the time being used as a private dwelling but does not include any garage, outhouse or other structure (whether or not forming part of that building) which belongs to or is usually enjoyed with the house.

5 Compensation for affected businessesS

(1)The Scottish Ministers may by order make a scheme for the making of payments by them to persons in respect of losses (of any kind) incurred by such persons as a result of ceasing, by reason of the enactment or coming into force of section 1, to carry on their businesses so far as they consist of activities prohibited by that section.

(2)Any such scheme must, in particular—

(a)specify the losses in respect of which payments are to be made,

(b)specify the businesses in respect of which payments are to be made,

(c)specify the basis of valuation for determining losses,

(d)specify the amounts of payments to be made or the basis on which such amounts are to be calculated,

(e)provide for the procedure to be followed (including the time within which claims must be made and matters relating to the provision of information) in respect of claims under the scheme and for the determination of such claims,

and may make different provision for different cases or descriptions of case.

(3)The order making any such scheme may provide for any dispute as to a person’s entitlement to payments under the scheme, or the amount of any such payment, to be determined by the Lands Tribunal for Scotland on such basis and subject to such procedure as the order may specify.

(4)Before making any such scheme, the Scottish Ministers must consult such persons as they consider may be entitled to payment under the scheme and such organisations as appear to them to represent such persons.

(5)Any order made under this section is to be made by statutory instrument and is subject to annulment in pursuance of a resolution of the Scottish Parliament.

6 Commencement and short titleS

(1)The preceding sections of this Act come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

(2)This Act may be cited as the Fur Farming (Prohibition) (Scotland) Act 2002.

Subordinate Legislation Made

P1S. 6(1) power fully exercised: 1.1.2003 appointed by S.S.I. 2002/519, art. 2

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.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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