Part 2Animal welfare

Promotion of welfare

26Provision for securing welfare

1

The Scottish Ministers may by regulations make provision for the purposes of, and in connection with, securing the welfare of—

a

animals for which a person is responsible,

b

the progeny of such animals.

2

Regulations under subsection (1) may include, in particular—

a

provision prescribing general or specific requirements or prohibitions,

b

provision for enforcement, other than by way of proceedings for an offence, of provisions of the regulations,

c

provision—

i

that breach of a provision of the regulations is an offence,

ii

for penalties as respects the offence,

d

provision for and in connection with post-conviction orders (whether by reference to sections 39 to 43 or otherwise) in relation to an offence under the regulations,

e

provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with breaches (and suspected breaches) of provisions of the regulations,

f

provision—

i

that obstructing a person in the exercise of a power conferred by the regulations is an offence,

ii

for penalties as respects the offence,

g

provision (whether or not subject to specified conditions) for exemptions from, or qualification to, any requirements, prohibitions or offences provided for in the regulations.

3

For the purpose of subsection (2), requirements and prohibitions may, in particular, relate to—

a

the prevention of suffering,

b

the way in which animals are looked after and the conditions in which they are kept,

c

the identification of animals (whether by use of marks, microchips or otherwise),

d

the breeding and rearing of animals,

e

how animals are transported,

f

how animals are prepared for killing and are killed,

g

hygiene,

h

the prevention of disease and of the spread of disease,

i

the keeping of records.

4

Regulations under subsection (1) may also make provision for fees or other charges in relation to the exercise of functions under the regulations.

5

Before making regulations under subsection (1), the Scottish Ministers must consult—

a

such persons appearing to them to represent relevant interests, and

b

such other persons,

as they consider appropriate.