Animal Health and Welfare (Scotland) Act 2006

[F1 32K Payment of compensation amount S

(1) Subject to any order of a convicting court under section 32L that the relevant owner's right to compensation is forfeited (in whole or in part), this section determines when the compensation amount becomes payable.

(2) Unless the authorised person opts to defer payment of it under subsection (3), the compensation amount becomes payable to the relevant owner (determined in accordance with subsection (6)) when either—

(a) the period within which an appeal to the court may be made under section 32J has expired without an appeal being made, or

(b) such an appeal having been made, the court has made an order under section 32J(5)(a) or (b).

(3) The authorised person may defer payment of the compensation amount where—

(a) relevant criminal proceedings have been commenced against the relevant owner and have not been concluded, or

(b) in the opinion of the authorised person, the relevant owner is at risk of having relevant criminal proceedings brought against them.

(4) Where the authorised person has deferred payment of the compensation amount, the compensation amount becomes payable to the relevant owner (determined in accordance with subsection (6)) as follows—

(a) where relevant criminal proceedings had been commenced before the compensation notice was served or such proceedings were commenced within the period of 1 year beginning with the date that notice was served, on the conclusion of those relevant criminal proceedings,

(b) otherwise, on the expiry of the period of 1 year beginning with the date on which the compensation notice was served.

(5) Once it has become payable, the compensation amount must be paid within 3 weeks of the relevant owner (determined in accordance with subsection (6)) providing details of the bank account to which payment may be made.

(6) The person who is determined to be the relevant owner for the purposes of this section is—

(a) in a case where no appeal has been made under section 32J and the authorised person is satisfied as to who the relevant owner is, that person,

(b) otherwise, the person determined by the court to be the relevant owner—

(i) on an appeal under section 32D in relation to the decision notice,

(ii) on an appeal under section 32J in relation to the compensation amount,

(iii) on an application under section 33 or 34, or

(iv) on an application to the court for the purposes of this subsection.

(7) Where the authorised person is unable to pay the compensation amount in accordance with subsection (5) (because the relevant owner has not provided the bank account details mentioned in that subsection or for some other reason), the authorised person may apply to the court for an order as to the disposal of the compensation amount.

(8) In subsections (6)(b)(iv) and (7), “court” means the sheriff.]

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)