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Animal Health and Welfare (Scotland) Act 2006

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This is the original version (as it was originally enacted).

33Release orders where animals taken

This section has no associated Explanatory Notes

(1)The court may order that any animal taken into possession under section 32 be given up to a person specified in the order.

(2)An order under subsection (1) may be made on summary application by—

(a)the owner of the animal, or

(b)any other person appearing to the court to have a sufficient concern for the animal.

(3)A person is entitled to be heard in relation to an application for an order under subsection (1) if (despite not being the applicant) the person is—

(a)the owner of the animal,

(b)an inspector,

(c)a constable who—

(i)took the animal into possession under section 32,

(ii)is caring for, or has arranged for the care of, the animal under that section,

(d)a person—

(i)with whom an arrangement for the care of the animal has been made under that section, and

(ii)who is authorised by the Scottish Ministers to be heard in relation to the application, or

(e)any other person appearing to the court to have a sufficient concern for the animal.

(4)In determining whether to make an order under subsection (1), the court must have regard to the desirability of—

(a)protecting the value of any animal to which the order applies, and

(b)avoiding increasing any expenses which a person may be required to reimburse.

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