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

Section 20 - Taking possession of animals: amendment of existing powers

136.This section amends section 32 (taking possession of animals) of the 2006 Act.

137.Paragraph (a) amends section 32(2) to make clear that the power to alleviate suffering of a protected animal conferred on inspectors and constables by section 32(1) of the 2006 Act does not extend to destruction of the animal, for which new section 32A and existing section 35 (resort to destruction of animals) make provision.

138.Paragraph (b) amends section 32(6) to give inspectors and constables the power to, in limited circumstances (and without service of any notice or obtaining any court order), administer or arrange treatment (as defined in new section 32A(9)) to animals taken into possession under that section.

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