4A

In determining for the purposes of subsection (1) whether suffering is unnecessary in a case where it was caused by conduct for a purpose mentioned in subsection (4)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if—

a

the animal was under the control of a relevant officer at the time of the conduct,

b

it was being used by that officer at that time, in the course of the officer's duties, in a way that was reasonable in all the circumstances, and

c

that officer is not the person accused of committing the offence under subsection (1).

4B

In subsection (4A), “relevant officer” means—

a

a constable,

b

a special constable within the meaning of section 9 of the Police and Fire Reform (Scotland) Act 2012,

c

a person (other than a constable or a special constable) who has the powers of a constable or is otherwise employed or engaged to carry out, or assist in the carrying out of, police functions (within the meaning of section 99(1) of that Act),

d

a prisoner custody officer within the meaning of section 114 of the Criminal Justice and Public Order Act 1994.

4C

The Scottish Ministers may by regulations modify subsection (4B) to—

a

add to the categories of person specified in subsection (4B) other categories of person in the public service of the Crown,

b

vary any category of person for the time being specified in subsection (4B),

c

remove any category of person for the time being so specified.”.