Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14)

CHAPTER 1 Animal welfare, animal health and wildlife: offences and penalties

Animal welfare offences: disqualification orders

4 Disqualification orders

(1) The 2006 Act is amended as follows.

(2) In section 40 (disqualification orders)—

(a) in subsection (1), for “may” substitute “must consider whether it is necessary, to protect animal welfare, to”,

(b) for subsection (5) substitute—

“(5) The court must state its reasons—

(a) for deciding to make or, as the case may be, not make a disqualification order,

(b) where it decides to make such an order—

(i) for including in the order the particular disqualifications imposed by it,

(ii) for specifying, under subsection (9)(a), the period for which the order is to have effect, and

(iii) for specifying, under subsection (9)(b), a period within which no application under section 42(1) may be made.”.

(3) In section 42 (termination or variation of disqualification orders), after subsection (5) insert—

“(6) The court must state its reasons—

(a) for granting or, as the case may be, refusing the application under subsection (1),

(b) where it grants the application in whole or in part, for varying or, as the case may be, terminating the disqualification order.”.

(4) After that section insert—

“42A Disqualification orders: record of reasons

The Scottish Courts and Tribunals Service must establish and maintain a record of reasons relating to disqualification orders stated by the court under sections 40(5) and 42(6).”.

5 Disqualification orders: further provision

(1) The 2006 Act is amended as follows.

(2) In section 40 (disqualification orders) —

(a) after subsection (1) insert—

“(1A) The purpose of a disqualification order is for the future protection of animals and not in substitution for a penalty for a relevant offence.”,

(b) in subsection (6), the words “, or instead of,” are repealed.