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

Section 5 – Disqualification orders: further provision

29.Section 5 inserts a new section 40(1A) into the 2006 Act, and amends section 40(6) of the 2006 Act.

30.Section 5(2)(a) inserts new section 40(1A) into the 2006 Act. The new section 40(1A) provides that the purpose of a disqualification order is the future protection of animals and that it is not in substitution for a penalty for a relevant offence.

31.Section 5(2)(b) amends section 40(6) of the 2006 Act so that a disqualification order may be made in addition to any other penalty or order in relation to the offence, but not instead of such other penalty or order as was previously the case.

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