Part 2Animal welfare

Miscellaneous

48Suffering

In this Part, references to suffering include physical or mental suffering.

49Vets, inspectors and constables

1

In this Part, “veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36).

2

In this Part, an “inspector” is, in the context of any particular provision, a person—

a

appointed as an inspector by the Scottish Ministers, or authorised by them, for the purposes of the provision, or

b

appointed as an inspector by a local authority for the purposes of the provision.

3

In subsection (2)(b), a “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

4

An inspector incurs no civil or criminal liability for anything which the inspector does in purported exercise of any functions conferred on the inspector by a provision of this Part, or by regulations made under this Part, where the inspector acts on reasonable grounds and in good faith.

5

Subsection (4) does not affect any liability of any other person in respect of the thing done.

6

In this Part, a “constable” means a constable of a police force.

7

Schedule 1 makes provision in relation to powers of inspectors and constables for the purposes of and in connection with this Part.

50Premises

1

In this Part, “premises” includes—

a

any land or building,

b

any other place, in particular—

i

a vehicle or vessel,

ii

a tent or moveable structure.

2

In this Part, “domestic premises”—

a

means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and

b

includes any land or structure belonging to or usually enjoyed with, or adjacent to and for the time being enjoyed with, the house.

51Regulations

1

The powers of the Scottish Ministers to make regulations under this Part are exercisable by statutory instrument.

2

And they include power to—

a

make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes of or in connection with the regulations,

b

make different provision for different purposes or for different cases or classes of case.

3

But a statutory instrument containing regulations under this Part is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.