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This is the original version (as it was originally enacted).

35Resort to destruction of animals

This section has no associated Explanatory Notes

(1)If a veterinary surgeon certifies that the condition of a protected animal is such that it is appropriate that it be destroyed, an inspector or a constable may—

(a)destroy the animal where it is or take it elsewhere and destroy it there, or

(b)arrange for the taking of any of those steps.

(2)But an inspector or a constable may take, or arrange for the taking of, any of those steps without the certification of a veterinary surgeon if—

(a)it appears the condition of the animal is such that there is no reasonable alternative to destroying it, and

(b)it is reasonable in the circumstances not to seek the assistance of, or wait for, a veterinary surgeon.

(3)A veterinary surgeon may examine, and take samples from, an animal for the purpose of determining its condition for the purposes of subsection (1).

(4)Any expenses reasonably incurred by an inspector or a constable in consequence of acting under this section are to be reimbursed by the owner or any other person responsible for the animal concerned.

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