Animal Health and Welfare (Scotland) Act 2006

27 Licensing etc. of activities involving animals

(1) The Scottish Ministers may by regulations prohibit the carrying on, without the authority of a licence for the purpose, of an activity which—

(a) involves animals for which a person is responsible, and

(b) is specified in the regulations.

(2) The Scottish Ministers may by regulations prohibit the carrying on, without the authority of registration for the purpose, of an activity which—

(a) involves animals for which a person is responsible, and

(b) is specified in the regulations.

(3) Regulations under subsection (1) or (2) must be for the purposes of securing the welfare of animals for which a person is responsible.

(4) Regulations under subsection (1) or (2) may include, in particular—

(a) provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations,

(b) provision—

(i) that breach of a provision of the regulations is an offence,

(ii) for penalties as respects the offence,

(c) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 or otherwise) in relation to an offence under the regulations,

(d) provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with breaches (and suspected breaches) of provisions of the regulations,

(e) provision—

(i) that obstructing a person in the exercise of a power conferred by the regulations is an offence,

(ii) for penalties as respects the offence,

(f) provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.

(5) The Scottish Ministers may by regulations make provision about—

(a) licences for the purposes of subsection (1),

(b) registration for the purposes of subsection (2).

(6) Such provision may, in particular, relate to—

(a) procedures for—

(i) applying for licences or (as the case may be) registration,

(ii) granting and refusing applications,

(b) any—

(i) qualifications required to be held by applicants for licences or (as the case may be) registration,

(ii) other matters to be taken into account when considering applications for licences or (as the case may be) registration,

(c) conditions of licences or (as the case may be) registration,

(d) suspension and revocation of licences or (as the case may be) registration in specified circumstances,

(e) appeals in connection with the matters mentioned in paragraphs (a) to (d).

(7) Regulations under subsection (5)(a) may include, in particular—

(a) provision for enforcement, other than by way of proceedings for an offence, of provisions of licences,

(b) provision—

(i) that contravention of a condition of a licence is an offence,

(ii) for penalties as respects the offence,

(c) provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 or otherwise) in relation to an offence under the regulations,

(d) provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with contraventions (and suspected contraventions) of provisions of licences.

(8) Regulations under subsection (1), (2) or (5) may also make provision for fees or other charges in relation to the exercise of functions under the regulations.

(9) Before making regulations under subsection (1), (2) or (5), the Scottish Ministers must consult—

(a) such persons appearing to them to represent relevant interests, and

(b) such other persons,

as they consider appropriate.