| Description | Consultation POA Bill |
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| ISBN | N/A |
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| Official Print Publication Date | |
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| Website Publication Date | March 21, 2003 |
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Environment and Rural Affairs Department
Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY,
Telephone: 0131-244-6178, Fax: 0131-244-6616
animal.health@scotland.gsi.gov.uk
Dear Sir/Madam
CONSULTATION ON A DRAFT PROTECTION OF ANIMALS
(SCOTLAND) BILL
The Scottish Executive would welcome your comments on the
draft proposals for legislation to amend the Protection of
Animals (Scotland) Act 1912. This draft Bill is intended to
address a specific problem about the lack of power available to
local authorities to remove neglected farm livestock. This
draft Bill is not intended to address wider animal welfare
issues. We are, however, aware that such discussions are taking
place in England and Wales. In light of the outcome of these
discussions the Scottish Executive may consider introducing
wider animal welfare legislation at a later date.
All comments on the draft legislation will be given careful
consideration. Decisions on any future legislation will be a
matter for a future Administration following the Elections in
May 2003. The publication of this paper is in line with the
commitment given last year to Parliament by Ross Finnie, the
Minister for Environment and Rural Development, to consult on
measures designed to improve the welfare of farmed
livestock.
Attached is a copy of the provisional draft Bill together
with a detailed note explaining the background, purpose and
detail of the Bill. Comments on any aspect of the draft Bill,
including its scope and detail should be sent
by Friday 27
th June 2003 to:-
Iain Holt
Protection of Animals Bill Team
Scottish Executive Environment and Rural Affairs
Department
Room 356
Pentland House
47 Robb's Loan
EDINBURGH
EH14 1TY
Or
By e-mail:-
iain.holt@scotland.gsi.gov.uk
Please note that copies of responses received will, as is
normal practice, be made available to others on request, unless
respondents indicate that all or part of their response is
confidential. In the latter case the confidentially of the
response will be strictly respected.
This document is also available on the Scottish Executive
website at
http://www.scotland.gov.uk
Yours faithfully
Iain Holt
Welfare Policy Officer
Contents pageDetailed Explanatory Note
Introduction
Background
Purpose
Objective
Details by section
Draft Act by Section
1 Orders for care, disposal, slaughter
or putting down of protected animals
2 Interim orders
3 Variation and revocation of
orders
4 Effect of directions and orders under
sections 2 and 3 of the 1912
5 Powers of entry, offences, etc.
6 Other supplementary provisions
7 Powers of local authority officers
relating to injured animals
8 Welfare of livestock: local authority
powers of entry
9 Interpretation
10 Short title and commencement
CONSULTATION PAPER ON A DRAFT PROTECTION OF ANIMALS
(SCOTLAND) BILL
Introduction
1. This short draft Bill is intended to address the specific
problem of the lack of statutory powers available to local
authorities to remove neglected farm livestock who are
suffering or are at risk of suffering to a place of safety. It
also increases the power of inspectors to enter farm premises
without the involvement of the police. Fortunately cases of
serious neglect are rare but where they do occur livestock can
be left in the most appalling circumstances until a conviction
on animal cruelty charges is secured. This draft Bill will
allow local authorities to take early action to address cases
of this nature. Decisions on any future legislation will be a
matter for a future Administration following the Elections in
May 2003.
Background
2. At present the powers given to local authorities under
the Protection of Animals (Scotland) Act 1912 to remove animals
which are suffering or in distress is limited. In most cases
where animals are suffering an agreement is reached with the
owner whereby the responsibility for the animals is voluntarily
transferred and the animals are then removed to a place of
safety. However, in a very few cases, it is not possible to
reach an agreement with the owner of animals either to remove
the animals to a place of safety or to make alternative
arrangements to improve their welfare conditions. In these,
exceptional, cases the animals may be left in distress until
after a court case is heard and a conviction obtained. Due to
the length of time normally taken to secure such a conviction,
it is possible that the animals will continue to suffer for a
considerable period.
3. There are only a very few cases where animal owners fail
to reach agreement with the authorities to improve the welfare
of their animals and from past experience is this has mainly
involved farm livestock. Although this is not a widespread
problem a very few individual cases have resulted in major
livestock welfare problems.
4. It is presently the case that a local authority working
with the police can, on veterinary advice, authorise the
destruction or taking into care of animals already in distress
or suffering without the consent of the owner. This
investigation of reported animal welfare problems, of course,
places an additional burden on police resources. The
involvement of local authorities is severely limited, under
present legislation, by their inability to enter premises to
investigate any such incidents. Indeed it is often the case
that the police are alerted to animal welfare problems by other
organisations such as the State Veterinary Service, local
authority animal welfare inspectors or the Scottish Society for
the Prevention of Cruelty to Animals.
5. The costs incurred in removing animals, caring for them
or, in the most severe cases, arranging for their destruction
is most often met by the local authorities or animal welfare
charities and this can involve a significant additional
expenditure to the charities. It is possible for the police to
recover any costs which they have incurred in looking after the
animals but this requires civil action against the owner.
Alternatively the expenses can be defrayed from police
funds.
Purpose
6. It is therefore recognised that the present arrangements
for dealing with animal welfare cases and the powers in the
current legislation are not the most efficient nor practical
way to deal with the most serious cases where the animal owner
fails to reach an agreement. Accordingly the purpose of this
draft Bill will be to strengthen our animal welfare legislation
for farmed livestock.
7. The revised legislation will enable farm livestock to be
taken into care where it is considered that doing so is in
their best interests. This will be where the animals are
suffering cruelty or neglect or are at risk from suffering
cruelty or neglect. This will normally, but not necessarily,
involve a prosecution on animal cruelty offences under the
Protection of Animals (Scotland) Act 1912, but the removal of
the animals will not depend on whether a prosecution is to be
pursued nor its outcome. The new legislation will also give
powers of entry to farm land and farm buildings, excluding
dwelling houses, to persons authorised by local authorities to
investigate cases of reported animal cruelty or neglect. It
will also extend the powers of local authority animal welfare
inspectors to remove animals or to have injured animals
destroyed in the most serious cases.
Objective
8. There will be two main objectives of the possible Bill.
The first objective will be to provide the power to remove
neglected or suffering livestock or livestock at risk of
suffering to a place of safety by an Animal Care Order. These
orders will be issued by a Sheriff on application by the local
authority and will be issued ahead of any prosecution. The
Animal Care Order will allow all animals kept by the owner or
just some of the animals to be taken into care. The Animal Care
Order will be able to authorise the sale of some or all of the
animals to allow for the costs incurred in the removal of the
animals and their upkeep to be recovered.
9. The second objective of the draft Bill will be to modify
the powers of local authority inspectors by giving them
additional powers for welfare reasons.
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Section 1. Orders for
Care, Disposal or Slaughter of Animals
10. This Section specifies the type of livestock covered
under the draft Bill which are defined as "any animal kept
solely or mainly for the production of food, wool or skin or
for use in the farming of land". It makes provision for a
Sheriff to make an Order which will allow a person authorised
by the local authority to remove livestock to a place of safety
or make arrangements for the livestock to be looked after. The
Order will only extend to livestock within that local authority
area. The Order may also make provision for the animals to be
sold at a fair price, to be disposed of in some other way,
slaughtered or put down.
11. Before any the Order is made it will be necessary for
the Sheriff to have regard to protecting the owner's interests
in relation to the value of the animals and to avoid increasing
the owner's costs. Whilst the Order can provide for the
immediate removal of the animals it will not normally authorise
the sale, disposal or slaughter of the animals for a period of
14 days. This will further protect the owner's interests and
may allow time for a review of the Order or an appeal, or
enable the owner to make alternative arrangements to protect
and improve the welfare of the animals. Notice of an
application for an Order by the local authority must be given
to the owner of the animals.
Sections 2 and 3. Interim Orders and Revocation and
Variation of Orders.
12. This Section deals with the procedure for dealing with
Interim Orders which can be issued in Chambers before an
application for an Order under Section 1 has been made or
finalised. An Interim Order can be made if the Sheriff is
satisfied that the animal is suffering or likely to suffer
significant harm. An Interim Order would only permit the
removal of animals to a place of safety or arrange for them to
be looked after. An Interim Order would not authorise sale or
other disposal of the animals. This Section will also provide
the Sheriff with the power to vary or revoke an Order either on
an application by the local authority or the owner of the
animal.
Section 4. Effects of Directions and Orders under
Sections 2 and 3 of the Protection of Animals (Scotland)
Act 1912.
13. This Section sets out the relationship between an Order
made under this draft Bill and a Direction or Order made under
Sections 2 or 3 of the 1912 Act. An Order made under the
provisions of this Bill for an animal will cease to have any
effect if and when an Order or Direction for the same animal
has been made under the 1912 Act. Thus, where animals have been
held by a local authority in terms of an Order under this Bill,
that Order would be superseded by a direction under Sections 2
or 3 of the 1912 Act. This Section allows the local authority
to co-operate with the Procurator Fiscal in implementing a
Direction made under the 1912 Act. The local authority will
still have an obligation to account financially to the owner of
the animal after an Order under this Bill has lapsed.
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Section 5. Powers of Entry, Offences etc.
14. This Section makes provision for persons authorised by
the local authority to enter premises where the animals for
whom the Order has been made are kept. The power of entry will
not extend to buildings used as dwelling houses but it shall
extend to buildings where animals are housed. There will be a
requirement for such persons to produce documentation showing
that they are authorised by the local authority.
15. Any person obstructing an authorised person implementing
the terms of an Order or attempting to enter premises will be
guilty of an offence and will be liable to a fine not exceeding
level 3 on the standard scale.
Section 6. Other Supplementary Provisions
16. This section will allow the local authority to recover
reasonable expenses from the owner of an animal which has been
taken into care and it makes provision for the local authority
to pay the owner any net proceeds resulting from the sale of
the animal after the local authority has recovered its costs.
The owner of the animal will be required to deliver any
documents required for the slaughter of the animals or
documents needed to allow the animal to enter the human food
chain within 10 days. Failure to provide these documents will
be an offence carrying a fine of up to level 3 on the standard
scale.
17. If the owner fails to provide the documentation there is
a provision for the local authority to apply to the
documentation issuing authority for replacement documents and
these authorities shall be authorised to issue replacement
documents to the local authority.
Section 7 and 8. Powers of Local Authority Officers
Relating to Injured Animals and Powers of Entry
18. This section amends the wording in Section 10 of the
1912 Act to extend the existing power of police officers to
remove and destroy animals to an authorised officer of the
local authority. It also makes amendments to the Agriculture
(Miscellaneous Provisions) Act 1968 to give increased powers of
entry to local authority officers.
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PROTECTION OF ANIMALS (SCOTLAND) BILL
Draft as at 03-03-2003
An Act of the Scottish Parliament to provide for the
granting of powers to local authorities in connection with the
protection of certain animals; to amend section 10 of the
Protection of Animals (Scotland) Act 1912 (c.14) to confer
powers on local authority officers in relation to the removal
and destruction of injured animals; to amend section 6 of the
Agriculture (Miscellaneous Provisions) Act 1968 (c.34) to
extend local authorities' powers of entry in connection with
the welfare of livestock; and for connected purposes.
Top^
Back to contents page
Orders relating to protected animals
1 Orders for care, disposal,
slaughter or putting down of protected animals
(1) If, on a summary application by a local authority, the
sheriff is satisfied as to the matters specified in subsection
(2) in relation to any protected animal kept in the local
authority's area, the sheriff may make an order authorising the
local authority, or any person authorised by it for the
purposes of the order, to take one or more of the courses of
action specified in subsection (3) in relation to the
animal.
(2) The matters referred to in subsection (1) are-
(a) that the animal is suffering, or is at risk of
suffering, due to neglect or cruelty, and
(b) that it is in the interests of the animal that an
order be made in relation to it under subsection (1).
(3) The courses of action referred to in subsection (1)
are-
(a) taking charge of the animal and looking after it, or
arranging for it to be looked after, on the premises on
which it is kept or at some other place,
(b) selling the animal at a fair price,
(c) disposing of the animal otherwise than by way of
sale,
(d) slaughtering the animal, or arranging for it to be
slaughtered,
(e) putting the animal down, or arranging for it to be
put down.
(4) Where an animal-
(a) is slaughtered or put down in pursuance of an order
under this section,
or
(b) otherwise dies whilst an order under this section is
in force in relation to it,
the local authority may sell or otherwise dispose of the
animal's remains.
(5) Among the matters to which the sheriff has regard when
determining whether and, if so, which of those courses of
action to authorise under subsection (1), there shall be
included the desirability of-
(a) protecting the owner's interest in the value of the
animal, and
(b) minimising the owner's costs.
(6) Where an order is made under subsection (1) authorising
any of the courses of action specified in subsection (3)(b)
to(e), that course of action must not be begun before the
expiry of the period of 14 days beginning with the date of the
making of the order unless the order so provides.
(7) The local authority making an application under
subsection (1) must give notice of the application to-
(a) the owner of, and
(b) any other person appearing to the authority to have
an interest in, the animal which is the subject of the
application.
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2 Interim
orders
(1) Subsection (2) applies where a local authority has-
(a) applied for an order under section 1 in relation to
any protected animal and the application has not yet been
disposed of, or
(b) given notice to the sheriff that it intends to apply
for such an order in relation to any protected animal.
(2) The sheriff may-
(a) on the application of the local authority, and
(b) if satisfied that the animal is suffering, or
likely, pending disposal of the application made or to be
made under section 1, to suffer, significant harm,
make such interim order as appears to the sheriff to be
appropriate.
(3) However, the sheriff may not make an interim order under
this section authorising-
(a) any of the courses of action specified in subsection
(30(b) to (e) of section 1, or
(b) any other action which would prejudice determination
of the application made or to be made under that
section.
(4) An application for an interim order under subsection (2)
may be made
ex parte in chambers.
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3 Variation and
revocation of orders
The sheriff may, on cause shown, vary or revoke an order
under this Act on an application by-
(a) the local authority, or
(b) the owner of, or any other person appearing to have
an interest in, any animal in relation to which the order
is made.
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4 Effect of directions
and orders under sections 2 and 3 of the 1912
(1) This section applies where-
(a) a direction is made under section 2 (power of court
to order destruction of animal where owner is convicted of
offence of cruelty) of the 1912 Act; or
(b) an order is made under section 3 (power of court to
deprive person convicted of offence of cruelty of ownership
of animal) of the 1912 Act,
in respect of a protected animal in relation to which an
order this Act is in force.
(2) The order under this Act, in so far as it relates to the
animal in respect of which the direction or, as the case may
be, order has been made under the 1912 Act, ceases to have
effect.
(3) The local authority, and any person authorised by it for
the purposes of the order under this Act, must take such steps
as are necessary to allow the direction or, as the case may be,
order under the 1912 Act to be, as far as possible, complied
with.
(4) Subsection (3) above does not affect anything which the
local authority or person authorised by it requires to do in
pursuance of an obligation which arose before the direction or,
as the case may be, order was made under the 1912 Act.
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5 Powers of entry,
offences, etc.
(1) For the purposes of taking, in relation to any protected
animal in respect of which an order under this Act is in force,
any course of action authorised by the order, a person
authorised by the local authority for the purposes of this
section may-
(a) enter the premises on which the animal to which the
order relates is kept,
(b) mark the animal (whether by application of an ear
tag or otherwise), and
(c) in the case of an order authorising the course of
action mentioned in section 1(3)(a) above, make use of any
equipment on the premises for the purpose of taking that
course of action.
(2) Nothing in this section authorises a person to enter any
premises used wholly or mainly as a dwellinghouse.
(3) A person entering any premises in the exercise of powers
conferred by this section shall, if so required by the owner,
occupier or person in charge of the premises-
(a) produce a duly authenticated document showing that
the person entering is a person authorised for the purposes
of this section by the local authority, and
(b) state in writing the reasons for entering.
(4) Any person who obstructs-
(a) a person authorised by a local authority for the
purposes of this section in the exercise of powers
conferred by this section, or
(b) a person authorised for the purposes of an order
under this Act in taking any course of action authorised by
the order,
is guilty of an offence and liable on summary conviction to
a fine not exceeding level 3 on the standard scale.
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6 Other supplementary
provisions
(1) The local authority is entitled to recover from the
owner of any protected animal in relation to which an order is
made under section 1 any expenses reasonably incurred by it
in-
(a) taking, in relation to the animal, any course of
action authorised by the order,
(b) paying the fee or other remuneration or expenses of
any person authorised by it to take that course of
action,
(c) selling or otherwise disposing of the animal's
remains under section1(2).
(2) Where-
(a) an animal is sold or otherwise disposed of in
pursuance of an order under section 1, or
(b) an animal's remains are sold or otherwise disposed
of under subsection (2) of that section,
the local authority shall pay to the owner of the animal the
net proceeds (if any) of the sale or disposal.
(3) In subsection(2), "net proceeds" means the proceeds of
the sale or disposal less any sum which the local authority is
entitled to recover from the owner under subsection (1) and has
not yet so recovered.
(4) Subsection (5) applies where-
(a) an order is made under section 1 above authorising
any course of action mentioned in subsection (3)(b), (c) or
(d) of that section, and
(b) there are, in the possession or control of the owner
of the animal in relation to which the order was made,
documents-
(i) without which the animal cannot be slaughtered
for human consumption, or
(ii) which are otherwise relevant to the condition
or value of the animal.
(5) The owner shall, within 10 days of the making of the
order, deliver those documents to the local authority.
(6) An owner who, without reasonable excuse, fails to
deliver any documents as required by subsection (5) above, is
guilty of an offence and liable on summary conviction to a fine
not exceeding level 3 on the standard scale.
(7) If the owner fails to deliver any documents within
subsection (4)(b)(i) as required by subsection (5), the person
by whom the documents were issued shall-
(a) on the application of the authority, and
(b) if in possession of sufficient information to do
so,
issue replacement documents to the local authority.
(8) An application under subsection (7) above shall be
accompanied by-
(a) a copy of the order made under section 1 above,
and
(b) such reasonable fee (if any) as is determined by the
person to whom the application is made.
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Injured animals
7 Powers of local
authority officers relating to injured animals
In section 10 (power of police constables to remove and
destroy injured animals) of the 1912 Act-
(a) in subsection (1)-
(i) after "constable", where first occurring, there
is inserted "or an officer of a local authority
authorised by the authority for the purposes of this
section (an "authorised officer")", and
(ii) after "constable", where second occurring,
there is inserted "or, as the case may be, the
authorised officer",
(b) in subsection (2), after "constable" there is
inserted "or, as the case may be, the authorised officer",
and
(c) in subsection (3)-
(i) after "constable", in both places where it
occurs, there is inserted "or, as the case may be,
authorised officer", and
(ii) after "police", where second occurring, there
is inserted "or, as the case maybe, the local
authority".
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Welfare of livestock: local authority powers of
entry
8 Welfare of livestock:
local authority powers of entry
In section 6 (powers of entry) of the Agriculture
(Miscellaneous Provisions) Act 1968 (c.34)-
(a) in subsection (2), the words from ", being" to the
end of that subsection are repealed, and
(b) in subsection (5), after "(1)" there is inserted "or
(2)".
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General
9 Interpretation
(1) In this Act-
"the 1912 Act" means the Protection of Animals
(Scotland) Act 1912 (c.14),
"local authority" means a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994
(c.39),
"protected animal" means any animal kept solely or
mainly for the production of food, wool or skin or for use
in the farming of land.
(2) References in this Act to-
(a) an order under this Act are to-
(i) an order made under section 1, or
(ii) an interim order made under section 2,
(b) any course of action authorised to be taken by
an order under this Act include, in relation to such an
interim order, anything authorised by it to be
done.
(3) Any word or expression which is used in this Act and
in the 1912 Act has the same meaning in this Act as in that
Act.
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10 Short title and
commencement
(1) This Act may be cited as the Protection of Animals
(Scotland) Act 2003.
(2) This Act (except this section) comes into force at
the end of the period of two months beginning with the day
of Royal Assent.
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