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.