Part 2Animal welfare
Promotion of welfare
28Prohibition on keeping certain animals
1
The Scottish Ministers may by regulations prohibit the keeping at—
a
domestic premises,
b
other premises,
of any animals of a kind specified in the regulations.
2
For the purposes of subsection (1)(b), “other premises”—
a
does not include the premises of a zoo—
i
to which the Zoo Licensing Act 1981 (c. 37) applies, and
ii
which is licensed under that Act,
b
otherwise, means premises of such type as are described in the regulations.
3
Regulations under subsection (1) must be for the purposes of securing the welfare of animals.
4
Regulations under subsection (1) may include, in particular—
a
provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations,
b
provision—
i
that breach of a provision of the regulations is an offence,
ii
for penalties as respects the offence,
c
provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 or otherwise) in relation to an offence under the regulations,
d
provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with breaches (and suspected breaches) of provisions of the regulations,
e
provision—
i
that obstructing a person in the exercise of a power conferred by the regulations is an offence,
ii
for penalties as respects the offence,
f
provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.
5
In determining whether to make regulations under subsection (1) in relation to a type of premises, the Scottish Ministers must have regard to whether (and the extent to which) adequate provision for the welfare of animals of the kind in question—
a
is capable of being made, and
b
is likely to be made,
at that type of premises.
6
Before making regulations under subsection (1), the Scottish Ministers must consult—
a
such persons appearing to them to represent relevant interests, and
b
such other persons,
as they consider appropriate.