Animal Health and Welfare (Scotland) Act 2006 (asp 11)

SCHEDULE 1 S Powers of inspectors and constables for Part 2

[F1 Supplementary powers of inspectors: evidence gathering in connection with wildlife offences S

Textual Amendments

F1 Sch. 1 para. 5A and cross-heading inserted (17.10.2024) by Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4), ss. 11(4), 35(2) (with s. 30); S.S.I. 2024/267, reg. 2(1)(a)

5A (1) An inspector, having entered non-domestic premises in exercise of a relevant power, may search for, examine and seize any thing tending to provide evidence of the commission of, or participation in, a relevant offence. S

(2) In this paragraph—

• “relevant offence” is an offence under—

  (a)

  the following provisions of the Wildlife and Countryside Act 1981—

  (i)

  section 1 (protection of wild birds etc.),

  (ii)

  section 5 (prohibition of certain methods of killing or taking wild birds),

  (iii)

  section 6 (sale etc. of wild birds),

  (iv)

  section 7 (registration of certain captive birds),

  (v)

  section 8 (protection of captive birds),

  (vi)

  section 9 (protection of certain wild animals),

  (vii)

  section 10A (protection of wild hares),

  (viii)

  section 11 (prohibition of certain methods of killing or taking wild animals),

  (ix)

  section 11G (prevention of poaching: wild hares, rabbits etc.),

  (x)

  section 11I (sale, possession, etc. of wild hares, rabbits etc.),

  (xi)

  section 12A (requirements for use of traps),

  (xii)

  section 12F (authorisation from landowners etc. to use traps),

  (xiii)

  section 15A (possession of pesticides),

  (b)

  section 1 or 2 of the Wildlife Management and Muirburn (Scotland) Act 2024,

• “thing” includes any animal (including the carcase of an animal), equipment or document.

(3) The Scottish Ministers may by regulations modify the definition of “relevant offence” in sub-paragraph (2).]