Part II

Disease

Infection

Deliberate infection: disqualification orders
28F
1
Where a person is convicted of an offence under section 28C or subsection (16), the convicting court may make an order (in section 28E, this section and section 28G referred to as a “
disqualification order
”) disqualifying that person, for such period as it thinks fit, from one or more of the activities specified in subsection (2).
2
Those activities are—
a
owning or keeping animals (or both);
b
dealing in animals;
c
transporting animals;
d
working with or using animals;
e
riding or driving animals;
f
providing any service relating to animals (including, in particular, for their care) which involves taking possession of animals;
g
taking possession of animals for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (f) is imposed;
h
taking charge of animals for any, or any other, purpose.
3
For the purposes of subsection (1), disqualification in respect of an activity specified in subsection (2) includes disqualification from any participation in the activity including, in particular—
a
making arrangements in connection with the activity;
b
being party to arrangements under which the activity may be controlled or influenced;
c
being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity.
4
However, disqualification by reference to subsection (2)(h) does not include disqualification from taking charge of an animal for so long as is necessary in the circumstances—
a
with the consent of the owner or keeper of the animal, for the purpose of caring for it;
b
for the purpose of alleviating any suffering of the animal,
if no alternative arrangements for its care are reasonably available.
5
Where the court decides not to make a disqualification order in relation to an offence under section 28C or subsection (16), it must state its reasons.
6
A disqualification order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to an offence under that section.
7
A disqualification order may apply to animals generally or to animals of any particular kind.
8
A disqualification order may specify a period within which an application under subsection (11) may not be made.
9
The court may suspend the operation of a disqualification order—
a
for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification applies;
b
pending an appeal.
10
A disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, to be treated as a sentence.
11
A person who is subject to a disqualification order may apply to the court which imposed the order to terminate or vary it.
12
An application under subsection (11) may not be made—
a
before the expiry of the period of one year beginning with the date on which the order was made;
b
where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined; or
c
within any period specified under subsection (8) or (15).
13
On an application under subsection (11), the court may—
a
refuse the application;
b
terminate the disqualification order; or
c
vary the disqualification order so as to relax any disqualification imposed by it.
14
In considering an application under subsection (11), the court must have particular regard to—
a
the nature of the offence in relation to which the disqualification order was made;
b
the character of the applicant;
c
the conduct of the applicant since the order was made.
15
Where the court refuses an application made under subsection (11), the court may specify a period within which the applicant may not make a further application under that subsection in relation to that order.
16
A person who breaches a disqualification order commits an offence.
Ss. 28C-28H inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 10, 55(1) (with s. 54); S.S.I. 2006/482, art. 2