Rule 2 Amendment of the Criminal Procedure Rules 1996

in rule 51.1 (interpretation)^f2—

for rule 51.3(2) (representations) substitute—

“(2)

Paragraph (3) applies to a person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under—

(a)

section 28E(9) of the 1981 Act;

(b)

section 39(9) of the 2006 Act;

(c)

section 47(9) of the Animal Welfare Act 2006; or

(d)

section 21(9) of the 2023 Act.

(3)

A person to whom this paragraph applies is to make representations, unless the court otherwise directs—

(a)

in writing to the clerk of court; and

(b)

by such date as the court directs.”;

for rule 51.4 (forms of appeal by person with interest in animal) substitute—

“Forms of appeal by person with interest in animal

51.4.

An application under—

(a)

section 28E(11) of the 1981 Act;

(b)

section 43(2) of the 2006 Act^f9;

(c)

section 49(2) of the Animal Welfare Act 2006;

(d)

section 25(2) of the 2023 Act,

is to be in Form 51.4.”.

for the chapter heading substitute “CONTROL OF DOGS”;

for rule 58.1 (interpretation) substitute—

“Interpretation

58.1.

In this Chapter—

• “the 1953 Act” means the Dogs (Protection of Livestock) Act 1953^f11;

• “the 2010 Act” means the Control of Dogs (Scotland) Act 2010^f12;

• “a combined order” means an order made under section 1A(1)(c) of the 1953 Act;

• “a disqualification order” means an order made under section 1A(1)(a) of the 1953 Act;

• “a prevention order” means an order made under section 1A(1)(b) of the 1953 Act;

• “relevant order” means—

  1. (a)

     a disqualification order;

  2. (b)

     a prevention order;

  3. (c)

     a combined order.

Form of a relevant order

58.1A.

A relevant order is to be made in Form 58.1A.

Discharge or variation of a relevant order

58.1B.

An application under section 1A(5) of the 1953 Act to discharge or vary a relevant order is to be made in Form 58.1B.

Appeals against a refusal to discharge or vary a relevant order

58.1C.

An appeal to the Sheriff Appeal Court under section 1A(6) of the 1953 Act against the refusal in whole, or in part, to make an order under section 1A(5) of that Act is to be made—

(a)

not later than 7 days after the date of the decision appealed against;

(b)

by lodging with the clerk of the court from which the appeal is to be taken a note of appeal in Form 58.1C.

Hearing and intimation

58.1D.

On an application or appeal being lodged the court must—

(a)

appoint a hearing on the application or appeal;

(b)

make an order for service of the application, or appeal, with the date and time of the hearing on all parties.”.

in Form 51.2 (form of deprivation order)^f13—

in Form 51.4 (form of appeal under section 28E(11) of the Animal Health Act 1981, section 43(2) of the Animal Health and Welfare (Scotland) Act 2006 or section 49(2) of the Animal Welfare Act 2006)^f14—

in Form 51.5 (form of disqualification order)^f15 for “regulation 21(1) of the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009” substitute “section 22(13) of the Hunting with Dogs (Scotland) Act 2023”.

after Form 56.5 (form of application for variation or revocation of an order restricting the reporting of proceedings)^f16 insert Forms 58.1A, 58.1B and 58.1C, as set out in the schedule of this Act of Adjournal.