(1)Any person guilty of an offence under any provision of this Act other than section 2(4) thereof shall be liable on summary conviction to a fine not exceeding £25 or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
(2)Any person guilty of an offence under section 2(4) of this Act shall be liable on summary conviction to a fine not exceeding [F1level 2 on the standard scale].
(3)Where a person is convicted of any offence under this Act or of any offence under the M1Protection of Animals Act 1911 or the M2Protection of Animals (Scotland) Act 1912 or the M3Pet Animals Act 1951 or the M4Animal Boarding Establishments Act 1963, [F2or of any offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006, ] the court by which he is convicted may cancel any licence held by him under this Act and may, whether or not he is the holder of such a licence, disqualify him from keeping a riding establishment for such period as the court thinks fit.
(4)A court which has ordered the cancellation of a person’s licence, or his disqualification in pursuance of the last foregoing subsection may, if it thinks fit, suspend the operation of the order pending an appeal.
[F3(5) Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22) , F4... sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11) [F5or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021], the court by which he is convicted has the same powers under subsections (3) and (4) in relation to such convictions as it has in relation to convictions for offences under this Act. ]
Textual Amendments
F1Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F2Words in s. 4(3) inserted (E.W.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 3 para. 6(2) (with ss. 1(2), 58(1), 59, 60); S.I. 2007/499, art. 2(2)(l); S.I. 2007/1030, art. 2(1)(l)
F3S. 4(5) inserted (S.) (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 1, Sch. 1 para. 5(3)
F4Word in s. 4(5) omitted (S.) (8.6.2022) by virtue of The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 1 para. 2(a)
F5Words in s. 4(5) inserted (S.) (8.6.2022) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 1 para. 2(b)
Modifications etc. (not altering text)
C1S. 4 extended by Riding Establishments Act 1970 (c. 32), s. 1(3)
C2S. 4(1) to be read and have effect as if the maximum fine which may be imposed on summary conviction were a fine not exceeding level 3 on the standard scale: Riding Establishments Act 1970 (c. 32, SIF 124:4), s. 4; (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Marginal Citations