Part 2Animal welfare

Welfare bodies, codes and guidance

I136Animal welfare bodies

1

The Scottish Ministers may by regulations—

a

establish a body with the function of providing advice to—

i

the Scottish Ministers, and

ii

such other persons as the Scottish Ministers may direct,

on such matters concerning the welfare of protected animals as may be specified in the regulations,

b

make such provision for the purposes of and in connection with the establishment and operation of the body as the Scottish Ministers consider appropriate.

2

The Scottish Ministers may by regulations make provision for facilitating or improving co-ordination among bodies which have functions relating to the welfare of protected animals.

I237Animal welfare codes

1

The Scottish Ministers may make codes of practice for the purpose of providing practical guidance in respect of any provision made by this Part or by regulations under this Part.

2

Before making a code of practice under subsection (1) (in this section referred to as an “animal welfare code”), the Scottish Ministers must consult—

a

such persons appearing to them to represent relevant interests, and

b

such other persons,

as they consider appropriate.

3

An animal welfare code may—

a

make different provision for different cases or class of case,

b

revise a previous code.

4

The Scottish Ministers may by notice revoke, with such transitional or saving provision as they consider to be necessary or expedient, any animal welfare code.

5

The Scottish Ministers must, in such manner and to such extent as they consider appropriate, publicise any animal welfare code.

6

An animal welfare code—

a

requires to be laid before, and approved by resolution of, the Scottish Parliament, and

b

comes into effect on such date after approval under paragraph (a) as is specified in the code.

7

A notice revoking an animal welfare code—

a

requires to be laid before, and approved by resolution of, the Parliament, and

b

revokes the code on such date after approval under paragraph (a) as is specified in the notice.

8

A person's failure to comply with a provision of an animal welfare code does not of itself render the person liable to proceedings of any sort.

9

In any proceedings for an offence under this Part, or under regulations made under section 26 or 27—

a

failure to comply with a relevant provision of an animal welfare code may be relied upon as tending to establish liability,

b

compliance with a relevant provision of an animal welfare code may be relied upon as tending to negative liability.

I338Animal welfare guidance

The Scottish Ministers may, with a view to securing the welfare of protected animals, issue guidance on such matters as they consider appropriate.