Animal Health and Welfare (Scotland) Act 2006

[F1 32G Compensation notice for exercise of powers under section 32A S

(1) If a relevant step specified in a decision notice is taken in relation to a protected animal, an authorised person must serve a notice (in this section and in sections 32H to 32M, a “compensation notice”) specifying—

(a) a description of the animal,

(b) which relevant step has been taken,

(c) the date on which the relevant step was taken,

(d) the compensation amount (if any) and how this has been calculated in accordance with section 32H,

(e) the effect the existence or possibility of relevant criminal proceedings may have on the payment of the compensation amount,

(f) the process for payment of any compensation amount,

(g) whether the authorised person is electing to defer payment of the compensation amount under section 32K(3),

(h) the procedure for appealing to the court in respect of the compensation amount under section 32J.

(2) Before serving a compensation notice, an authorised person must—

(a) make reasonable enquiries to establish the whereabouts of the relevant owner of the animal, or

(b) be satisfied that such reasonable enquiries have been made by another person.

(3) A compensation notice must be served on the relevant owner of the animal by—

(a) leaving it at the relevant owner's home or business address,

(b) sending it to such an address by—

(i) a registered post service (as defined in section 125(1) of the Postal Services Act 2000), or

(ii) sending it by a postal service which provides for the delivery of the document to be recorded, or

(c) such other method as the court, on the application of the authorised person, determines.

(4) Subject to subsection (5), the authorised person must serve a compensation notice on the relevant owner of the animal within 3 months of a relevant step specified in the decision notice being taken.

(5) Where the decision notice specified more than one relevant step, the authorised person must serve a compensation notice on the relevant owner of the animal within 3 months of the earlier of—

(a) the last relevant step being taken,

(b) the expiry of the period of 1 year beginning with the date on which the first relevant step is taken.

(6) Where subsection (5)(b) applies, the authorised person must serve a compensation notice in respect of any other relevant step specified in the decision notice within 3 months of it being taken.

(7) A single compensation notice may be served in respect of two or more animals where—

(a) a single decision notice was served in respect of those animals by virtue of section 32C(3), and

(b) relevant steps have been taken by virtue of that notice in relation to all of those animals.

(8) Evidence that a compensation notice has been sent in accordance with subsection (3)(b)(i) or (ii) is sufficient evidence of service of it.

(9) In this section, “court” means the sheriff.

(10) In this section and in sections 32H to 32L—

• “relevant criminal proceedings” means proceedings in respect of a relevant offence which arise from the circumstances which led to the protected animal being taken into possession under section 32,

• “relevant offence” means an offence under any of the following—

  (a)

  sections 19 to 23,

  (b)

  section 24 or 25(7),

  (c)

  section 29,

  (d)

  section 40(11),

• “relevant owner” means the person who was the owner of the animal at the time it was taken into possession under section 32.]

Textual Amendments

F1 Ss. 32A-32M inserted (30.9.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 19, 22(2); S.S.I. 2021/303, reg. 2(c)