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The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780111054253

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 53(3)(a) of the Animal Health and Welfare (Scotland) Act 2006 for approval by resolution of the Scottish Parliament.

Animals

Made 2022

Coming into force 8th June 2022

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 53(1) of the Animal Health and Welfare (Scotland) Act 2006f1 and all other powers enabling them to do so.

In accordance with section 53(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2006 asp 11.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments, repeals and revocations
  3. 3Consequential amendments, repeals and revocations
  4. Signature
  5. Schedule 1: AMENDMENTS
  6. Part 1: Primary legislation
  7. The Animal Boarding Establishments Act 1963
  8. 1Paragraph 1
  9. Riding Establishments Act 1964
  10. 2Paragraph 2
  11. Dangerous Wild Animals Act 1976
  12. 3Paragraph 3
  13. Zoo Licensing Act 1981
  14. 4Paragraph 4
  15. Part 2: The Microchipping of Dogs (Scotland) Regulations 2016
  16. 5Paragraph 5
  17. Schedule 2: REPEALS AND REVOCATIONS
  18. Part 1: Repeals
  19. 1Paragraph 1
  20. Part 2: Revocations
  21. 2Paragraph 2
  22. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022.

(2)

This Order comes into force on 8 June 2022.

2Consequential amendments, repeals and revocations

The amendments listed in Parts 1 and 2 of schedule 1 (amendments) have effect.

3Consequential amendments, repeals and revocations

Schedule 2 (repeals and revocations) has effect.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

1

In section 3(5) (offences and disqualifications) of the Animal Boarding Establishments Act 1963f1—

(a)

omit “or” in the second place it appears,

(b)

after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

2

In section 4(5) (penalties and disqualifications) of the Riding Establishments Act 1964f1—

(a)

omit “or” in the second place it appears,

(b)

after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

3

(1)

The Dangerous Wild Animals Act 1976f1 is amended as follows.

(2)

For section 5(3) (exemptions) substitute—

“(3)

Premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on under licence;”.

(3)

In section 6(3A) (penalties)f2—

(a)

omit “or” in the second place it appears,

(b)

after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

4

(1)

The Zoo Licensing Act 1981f1 is amended as follows.

(2)

At the end of section 4(5A) (grant or refusal of licence)f2 insert—

“;

the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

(3)

In section 21 (interpretation) for the definition of “pet shop” substitute—

  • ““pet shop” means premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on;”.

5

In regulation 7 (details to be recorded on databases) of the Microchipping of Dogs (Scotland) Regulations 2016f1 after paragraph (f) insert—

“(fa)

where applicable, the fact that the keeper of the dog is a person who holds a licence under the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021f2 for the licensable activity of breeding dogs described in paragraph 14 of schedule 1 of those Regulations and, if so—

(i)

the name of the local authority which issued the licence;

(ii)

the number of the person’s licence;”.

1

The enactments listed in column 1 of the Table are repealed to the extent specified in column 3.

TitleReferenceExtent of repeal
Local Government (Scotland) Act 19731973 c. 65Paragraph 26 of schedule 25 (relaxation of controls) and the entry relating to the Pet Animals Act 1951 (c. 35) in schedule 29 (repeals).
Roads (Scotland) Act 19841984 c. 54Paragraph 40 of schedule 9 (minor and consequential amendments).
Animals (Scientific Procedures) Act 19861986 c. 14Section 27(3) (repeal, consequential amendments and transitional provisions).
Local Government etc. (Scotland) Act 19941994 c. 39Paragraphs 36 and 91 of schedule 13 (minor and consequential amendments).
Courts Act 20032003 c. 39Paragraph 171 of schedule 8 (minor and consequential amendments).

2

The enactments listed in column 1 of the Table are revoked to the extent specified in column 3.

TitleReferenceExtent of revocation
Breeding of Dogs (Licensing Records) (Scotland) Regulations 1999S.S.I. 1999/176The whole regulations.
Sale of Dogs (Identification Tag) (Scotland) Regulations 1999S.S.I. 1999/177The whole regulations.
Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006S.S.I. 2006/475Paragraph 2 of schedule 1 (modifications of public general Acts).
Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006S.S.I. 2006/536Paragraphs 3 and 6 of schedule 1 (amendment of public general Acts).

Explanatory note

(This note is not part of the Order)

This Order amends and repeals primary legislation and amends and revokes secondary legislation. The amendments, repeals and revocations are consequential to the purposes of, or in connection with, the Animal Health and Welfare (Scotland) Act 2006 (“the Act”). More particularly, this Order is consequential to, or in connection with, the provisions of the Act, which were commenced by S.S.I. 2020/464, and the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021, which was made in exercise of enabling powers conferred by the Act.