The Animal Health and Welfare (Scotland) Act 2006 (Commencement No. 3 and Saving Provisions) Order 2020

Scottish Statutory Instruments

2020 No. 464 (C. 44)

Animals

The Animal Health and Welfare (Scotland) Act 2006 (Commencement No. 3 and Saving Provisions) Order 2020

Made

21st December 2020

Laid before the Scottish Parliament

23rd December 2020

Coming into force

1st September 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by section 55(1) of the Animal Health and Welfare (Scotland) Act 2006(1).

Citation and commencement

1.  This Order may be cited as the Animal Health and Welfare (Scotland) Act 2006 (Commencement No. 3 and Saving Provisions) Order 2020 and comes into force on 1 September 2021.

Appointed day

2.  Subject to the saving provisions contained in article 3, the appointed day for the coming into force of section 52 of the Animal Health and Welfare (Scotland) 2006 Act is 1 September 2021 but only for the purpose of introducing paragraph 9(d) (insofar as not already in force), (k), (l), (n) and (p) of schedule 2 of that Act(2).

Saving provisions

3.—(1) Any unexpired licence granted in accordance with the provisions of the Pet Animals Act 1951(3) will continue in force for the remainder of its term subject to the provisions of that Act as it has effect on 31 August 2021.

(2) Any unexpired licence granted in accordance with the provisions of the Breeding of Dogs Act 1973(4) will continue in force for the remainder of its term subject to the provisions of—

(a) that Act,

(b) the Breeding and Sale of Dogs (Welfare) Act 1999(5)

(c) the Breeding of Dogs (Licensing Records) (Scotland) Regulations 1999(6), and

(d) the Sale of Dogs (Identification Tag) (Scotland) Regulations 1999(7),

as those enactments have effect on 31 August 2021.

(3) In this article, “unexpired” means still in force on, and with any of its term remaining after, 31 August 2021.

MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st December 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 52 of the Animal Health and Welfare (Scotland) Act 2006 (“the Act”) on 1 September 2021 but only for the purpose of introducing paragraph 9(d) (insofar as not already in force), (k), (l), (n) and (p) of schedule 2 of the Act. Those provisions of the Act repeal the Pet Animals Act 1951 (“the 1951 Act”), the Breeding of Dogs Act 1973 (“the 1973 Act”), the Pet Animals Act 1951 (Amendment) Act 1983 (c.26), the Breeding of Dogs Act 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999.

Article 3 provides for saving provisions in respect of any licence granted in accordance with the provisions of the 1951 Act or the 1973 Act which is still in force on, and which has any of its term remaining after, 31 August 2021.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Act received Royal Assent on 11 July 2006 and sections 53 to 55 came into force on that day. The provisions of the Act commenced by earlier commencement orders are detailed below.

Provision	Date of Commencement	S.S.I. No.
Sections 1 to 19, 20(4), (5) and (6), 21 to 51, 52 (partially), schedule 1, schedule 2 (partially)	6 October 2006	S.S.I. 2006/482
Section 20(1) to (3)	30 April 2007	S.S.I. 2007/257

(1)

2006 asp 11.

(2)

Paragraph 9(d) of schedule 2 of the Act was partially brought into force by S.S.I. 2006/482, but only for the purpose of repealing section 3 of the Pet Animals Act 1951 ((c.35) (14 & 15 Geo 6)).

(3)

1951 c.35 (14 & 15 Geo 6).

(4)

1973 c.60.

(5)

1999 c.11.

(6)

S.S.I. 1999/176.

(7)

S.S.I. 1999/177.