The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006

JurisdictionScotland
CitationSSI 2006/536
Year2006

2006 No. 536

ANIMALSANIMAL HEALTH

The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006

Made 2nd November 2006

Coming into force 3rd November 2006

The Scottish Ministers, in exercise of the powers conferred upon them by section 53(1) of the Animal Health and Welfare (Scotland) Act 20061and of all other powers enabling them in that behalf, hereby make the following Order a draft of which has, in accordance with section 53(3)(a) of that Act, been laid before, and approved by resolution of, the Scottish Parliament:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 and shall come into force on the day after the day on which it is made.

S-2 Consequential amendments and repeals

Consequential amendments and repeals

2.—(1) The enactments listed in Schedule 1 are amended as there specified.

(2) The instruments listed in Schedule 2 are amended as there specified.

(3) The enactments listed in Schedule 3 are repealed to the extent there specified.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2nd November 2006

SCHEDULE

Article 2(1)

Amendment of Public General Acts

The Performing Animals (Regulation) Act 1925 (c. 38)

The Performing Animals (Regulation) Act 1925 (c. 38)

SCH-1.1

1. After section 4(2) of the Performing Animals (Regulation) Act 1925 (offences and legal proceedings), insert–

SCH-1.2A

“2A Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act, 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act, 2006 (asp 11), the court by which he is convicted has the same powers under subsection (2) in relation to such convictions as it has in relation to convictions for offences under this Act.”.

The Cinematograph Films (Animals) Act 1937 (c. 59)

The Cinematograph Films (Animals) Act 1937 (c. 59)

SCH-1.2

2.—(1) The Cinematograph Films (Animals) Act 1937 is amended as follows.

(2) In section 1(4)(b) (prohibition of films involving cruelty to animals), after “1911”, omit “, and the Protection of Animals (Scotland) Act 1912”.

(3) At the end of section 1(4)(b), insert–

“; and

(a) in relation to Scotland, the expression “animal” means a protected animal within the meaning of section 17 of the Animal Health and Welfare (Scotland) Act 2006 (asp 11)”.

The Pet Animals Act 1951 (c. 35)

The Pet Animals Act 1951 (c. 35)

SCH-1.3

3.—(1) The Pet Animals Act 1951 is amended as follows.

(2) After section 1(2) (licensing of pet shops), insert–

SCH-1.2A

“2A Where a person is for the time being disqualified under section 28F(1) and (2) of the Animal Health Act 1981 (c. 22), or section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), notwithstanding subsection (2), a local authority shall not grant a licence to keep a pet shop to that person.”.

(3) After section 5(4) (offences and disqualifications), insert–

SCH-1.5

“5 Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act, 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act, 2006 (asp 11), 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.”.

The Animal Boarding Establishments Act 1963 c.(43)

The Animal Boarding Establishments Act 1963 c.(43)

SCH-1.4

4.—(1) The Animal Boarding Establishments Act 1963 is amended as follows.

(2) After section 1(2) (licensing of boarding establishments for animals), insert–

SCH-1.2A

“2A Where a person is for the time being disqualified under section 28F(1) and (2) of the Animal Health Act 1981 (c. 22), or section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), notwithstanding subsection (2), a local authority shall not grant a licence to keep a boarding establishment for animals to that person.”.

(3) After section 3(4) (offences and disqualifications), insert–

SCH-1.5

“5 Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), 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.”.

The Riding Establishments Act 1964 (c. 70)

The Riding Establishments Act 1964 (c. 70)

SCH-1.5

5.—(1) The Riding Establishments Act 1964 is amended as follows.

(2) After section 1(2) (licensing of riding establishments), insert–

SCH-1.2A

“2A Where a person is for the time being disqualified under section 28F(1) and (2) of the Animal Health Act 1981 (c. 22), or section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), notwithstanding subsection (2), a local authority shall not grant a licence to keep a riding establishment to that person.”.

(3) After section 4(4) (penalties and disqualifications), insert–

SCH-1.5

“5 Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), 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.”.

The Breeding of Dogs Act 1973 (c. 60)

The Breeding of Dogs Act 1973 (c. 60)

SCH-1.6

6.—(1) The Breeding of Dogs Act 1973 is amended as follows.

(2) After section 1(2) (licensing of breeding establishments for dogs), insert–

SCH-1.2AA

“2AA Where a person is disqualified under section 28F(1) and (2) of the Animal Health Act 1981 (c. 22), or section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), notwithstanding subsection (2), a local authority shall not grant a licence to keep a breeding establishment for dogs to that person.”.

(3) After section 3(4) (offences and disqualifications), insert–

SCH-1.4A

“4A Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), 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.”.

The Guard Dogs Act 1975 (c. 50)

The Guard Dogs Act 1975 (c. 50)

SCH-1.7

7. After section 3(5) of the Guard Dogs Act 1975 (guard dog kennel licences), insert–

SCH-1.5A

“5A Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), subsections (4) and (5) apply as they do to convictions under this Act.”.

The Dangerous Wild Animals Act 1976 (c. 38)

The Dangerous Wild Animals Act 1976 (c. 38)

SCH-1.8

8. After section 6(3) of the Dangerous Wild Animals Act 1976 (penalties), insert–

SCH-1.3A

“3A Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or...

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