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Animal Health and Welfare (Scotland) Act 2006

Section 17 – Protected animals

98.Animals that are not of a kind commonly domesticated in the British Islands are only “protected animals” if they are under the control of man or are not living in a wild state. The term “not living in a wild state” is intended to cover circumstances where a non-native captive animal escapes. This would cover, for example, a penguin escaping from a zoo. The penguin would not be commonly domesticated in the British Islands, nor would it be under the control of man (as it had escaped). However, although it had escaped, it would not be living in a “wild state” and therefore would continue to be considered as a “protected animal”.

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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.


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