Animal Health and Welfare (Scotland) Act 2006

Miscellaneous

48 Suffering

In this Part, references to suffering include physical or mental suffering.

49 Vets, inspectors and constables

(1) In this Part, “veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36).

(2) In this Part, an “inspector” is, in the context of any particular provision, a person—

(a) appointed as an inspector by the Scottish Ministers, or authorised by them, for the purposes of the provision, or

(b) appointed as an inspector by a local authority for the purposes of the provision.

(3) In subsection (2)(b), a “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

(4) An inspector incurs no civil or criminal liability for anything which the inspector does in purported exercise of any functions conferred on the inspector by a provision of this Part, or by regulations made under this Part, where the inspector acts on reasonable grounds and in good faith.

(5) Subsection (4) does not affect any liability of any other person in respect of the thing done.

(6) In this Part, a “constable” means a constable of a police force.

(7) Schedule 1 makes provision in relation to powers of inspectors and constables for the purposes of and in connection with this Part.

50 Premises

(1) In this Part, “premises” includes—

(a) any land or building,

(b) any other place, in particular—

(i) a vehicle or vessel,

(ii) a tent or moveable structure.

(2) In this Part, “domestic premises”—

(a) means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and

(b) includes any land or structure belonging to or usually enjoyed with, or adjacent to and for the time being enjoyed with, the house.

51 Regulations

(1) The powers of the Scottish Ministers to make regulations under this Part are exercisable by statutory instrument.

(2) And they include power to—

(a) make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes of or in connection with the regulations,

(b) make different provision for different purposes or for different cases or classes of case.

(3) But a statutory instrument containing regulations under this Part is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.