Part VE+W+S Enforcement, Offences and Proceedings

(1)The police force of each police area shall execute and enforce this Act[F2 , regulations made by the Scottish Ministers under this Act ] and every order of the Minister [F3but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.]

(2)Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence against this Act, a constable may, without warrant, stop and detain him.

(3)If that person’s name and address are not known to the constable, and he fails to give them to the constable’s satisfaction, the constable may, without warrant, apprehend him.

(4)The constable may, whether so stopping or detaining or apprehending the person or not—

(a)stop, detain and examine any animal, vehicle, boat or thing to which the offence or suspected offence relates; and

(b)require it to be forthwith taken back to or into any place or district from which or out of which it was unlawfully removed and execute and enforce that requisition.

(5)If a person obstructs or impedes or assists in obstructing or impedinga constable or [F4 inspector ] in the execution—

(a)of this Act, or

(b)of an order of the Minister, or

[F5(ba)of regulations made by the Scottish Ministers under this Act,]

(c)of a regulation of a local authority,

the constable or [F6 inspector ] may without warrant apprehend the offender.

(6)A person apprehended under this section—

(a)shall be taken with all practicable speed before a justice, or, in Scotland, a sheriff or district court; and

(b)shall not be detained without a warrant longer than is necessary for that purpose.

(7)All enactments relating to the release of persons on bail by an officer of police or a constable shall apply in the case of a person apprehended under this section.

(8)The foregoing provisions of this section respecting a constable extend and apply to any person called by a constable to his assistance.

(9)A constable shall forthwith make a report in writing to his superior officer of every case in which he stops any person, animal, vehicle, boat, or thing under this section, and of his proceedings in consequence.

(10)Nothing in this section shall take away or abridge any power or authority that a constable would have had if this section had not been enacted.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F2Words in s. 60(1) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(5)(a) (with s. 54); S.S.I. 2006/482, art. 2

F3Words in s. 60(1) inserted (14.2.1992 for certain purposes and 1.4.1992 in so far as not already in force) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 151(3); S.I. 1992/266, art. 2, 3

F4Words in s. 60(5) substituted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(5)(b)(i) (with s. 54); S.S.I. 2006/482, art. 2

F5S. 60(5)(ba) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(5)(b)(iii) (with s. 54); S.S.I. 2006/482, art. 2

F6Word in s. 60(5) substituted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 2(5)(b)(ii) (with s. 54); S.S.I. 2006/482, art. 2

Modifications etc. (not altering text)

C1S. 60 applied (S.) (28.10.2005 at midnight) by Avian Influenza (Preventive Measures) (Scotland) Regulations 2005 (S.S.I. 2005/530), regs. 1(1), 10(1)(a)

C2S. 60 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990), regs. 1, 7(1)(a)