The Animal Health and Welfare (Scotland) Act 2006 (Commencement No. 1, Savings and Transitional Provisions) Order 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/482 |
| Year | 2006 |
2006 No. 482 (C. 41)
ANIMALS
Made 28th September 2006
The Scottish Ministers, in exercise of the powers conferred by section 55(1) of the Animal Health and Welfare (Scotland) Act 20061, hereby make the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Animal Health and Welfare (Scotland) Act 2006 (Commencement No. 1, Savings and Transitional Provisions) Order 2006.
(2) In this Order, “the Act” means the Animal Health and Welfare (Scotland) Act 2006.
Appointed day
2. Subject to the particular purpose specified in article 3, and to the savings and transitional provisions contained in article 4, the appointed day for the coming into force of the provisions of the Act (except sections 53 to 55) is 6th October 2006 except for the following provisions–
(a) section 20(1) to (3); and
(b) section 52 insofar as introducing paragraphs 6, 9(b), (h) to (l), (n) and (p) of schedule 2 to the Act.
3. Section 52 insofar as introducing paragraph 9(d) of schedule 2 to the Act shall come into force on 6th October 2006 only for the purpose of the repeal of section 3 (pets not to be sold to children under twelve years of age) of the Pet Animals Act 19512.
Savings and transitional provisions
4. (a)
4. (a) (1) Where a court has imposed, by an order under section 1 of the Protection of Animals (Amendment) Act 19543, a disqualification on a person from having custody of any animal or any specified kind of animal, section 40(11) of the Act shall apply to a person who breaches such an order as it applies to a person who breaches a disqualification order imposed under section 40(1) of the Act.
(b)
(b) Where a person has been convicted of an offence under section 40(11) of the Act, by virtue of breaching a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954, section 39 of the Act shall have effect with the substitution for the words “owning or keeping an animal” in subsection (10)(d) of “having custody of an animal in breach of disqualification under section 1 of the Protection of Animals (Amendment) Act 1954 (c. 40)”.
(c)
(c) Where a person has custody of an animal in breach of a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954, section 41 of the Act shall apply to such a breach as it does to a breach of a disqualification order imposed under section 40(1) of the Act.
(d)
(d) Where a person is disqualified, by virtue of an order under section 1 of the Protection of Animals (Amendment) Act 1954, section 42 of the Act shall apply as it does in relation to a person who is disqualified by virtue of an order under section 40(1) of the Act with the exception of section 42(2)(c)(i) which shall be omitted.
(2) Any Code of Recommendations issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 19684shall be treated as an animal welfare code of practice made by the Scottish Ministers under section 37 of the Act and approved by resolution of the Scottish Parliament.
(3) Sections 2, 6, 7 and 85of the Agriculture (Miscellaneous Provisions) Act 1968 shall continue to apply for the purposes of the Welfare of Farmed Animals (Scotland) Regulations 20006and the Welfare of Livestock (Prohibited Operations) Regulations 19827.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
28th September 2006
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