Search Legislation

Animal Health and Welfare (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

27Licensing etc. of activities involving animals

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations prohibit the carrying on, without the authority of a licence for the purpose, of an activity which—

(a)involves animals for which a person is responsible, and

(b)is specified in the regulations.

(2)The Scottish Ministers may by regulations prohibit the carrying on, without the authority of registration for the purpose, of an activity which—

(a)involves animals for which a person is responsible, and

(b)is specified in the regulations.

(3)Regulations under subsection (1) or (2) must be for the purposes of securing the welfare of animals for which a person is responsible.

(4)Regulations under subsection (1) or (2) may include, in particular—

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

(b)provision—

(i)that breach of a provision of the regulations is an offence,

(ii)for penalties as respects the offence,

(c)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,

(d)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,

(e)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,

(f)provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.

(5)The Scottish Ministers may by regulations make provision about—

(a)licences for the purposes of subsection (1),

(b)registration for the purposes of subsection (2).

(6)Such provision may, in particular, relate to—

(a)procedures for—

(i)applying for licences or (as the case may be) registration,

(ii)granting and refusing applications,

(b)any—

(i)qualifications required to be held by applicants for licences or (as the case may be) registration,

(ii)other matters to be taken into account when considering applications for licences or (as the case may be) registration,

(c)conditions of licences or (as the case may be) registration,

(d)suspension and revocation of licences or (as the case may be) registration in specified circumstances,

(e)appeals in connection with the matters mentioned in paragraphs (a) to (d).

(7)Regulations under subsection (5)(a) may include, in particular—

(a)provision for enforcement, other than by way of proceedings for an offence, of provisions of licences,

(b)provision—

(i)that contravention of a condition of a licence is an offence,

(ii)for penalties as respects the offence,

(c)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,

(d)provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with contraventions (and suspected contraventions) of provisions of licences.

(8)Regulations under subsection (1), (2) or (5) may also make provision for fees or other charges in relation to the exercise of functions under the regulations.

(9)Before making regulations under subsection (1), (2) or (5), the Scottish Ministers must consult—

(a)such persons appearing to them to represent relevant interests, and

(b)such other persons,

as they consider appropriate.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources