Hunting with Dogs (Scotland) Act 2023

Hunting with Dogs (Scotland) Act 2023

2023 asp 1

Detailed Provisions

Part 3: Further provision relating to offences

Section 22: Disqualification orders

175. Section 22 provides that a disqualification order may be made where a person is convicted of an offence under section 1(1) (hunting a wild mammal using a dog), 2(2) (knowingly causing or permitting another person to hunt a wild mammal using a dog for which the person is responsible), 14(1) (engaging or participating in trail hunting), 14(4) (knowingly causing or permitting another person to use a dog for which the person is responsible for trail hunting) or subsection (10) (breaching a disqualification order).

176. Subsections (2) and (3) set out the nature of the disqualifications which may be imposed, and subsection (4) provides that a person may nevertheless take charge of a dog if it is necessary to alleviate the suffering of the dog.

177. Subsection (5) provides that if the court decides to make a disqualification order in relation to a person’s first conviction for a relevant offence, or not to make a disqualification order, it must state its reasons.

178. Subsection (6) provides that a disqualification order may be made in addition to any other penalty.

179. Subsection (7) allows the court to disqualify a person from keeping more than a certain number of dogs, or dogs of a specified kind, rather than disqualifying them from keeping dogs altogether. For example, the court could disqualify a person from owning or keeping foxhounds but allow them to keep a poodle as a family pet.

180. Subsection (8)(b) allows the court to specify the length of time which must pass before the person who is the subject of a disqualification order may apply to have it terminated or varied.

181. Subsection (9) allows the court to suspend the operation of the disqualification order to enable practical arrangements to be made for the dogs affected or for the period while an appeal may take place.

182. Subsection (10) makes it an offence to breach a disqualification order, and subsection (11) sets out the penalties for such breach.

183. Subsection (12) provides that where a disqualification order restricting the number of dogs that a person may own or keep is breached, all of the dogs that the person owns or keeps are to be treated for certain purposes as being owned/kept in breach of the order. This provision is necessary for the proper operation of any subsequent seizure orders under section 23. Without such a provision, disputes could arise as to which particular dogs are kept in breach of the order.