Section 6 Effect of codeI1

Scotland

(1)

A person’s failure to comply with any provision of the code of practice does not of itself make the person liable to proceedings of any sort.

(2)

In any proceedings for a relevant offence—

(a)

failure to comply with a relevant provision of the code of practice may be relied on as tending to establish liability, and

(b)

compliance with a relevant provision of the code of practice may be relied on as tending to negative liability.

(3)

A “relevant offence” is an offence under—

(a)

Part 2 of the Animal Health and Welfare (Scotland) Act 2006, or

(b)

regulations made under section 26 or 27 of that Act.

(4)

The references in this section to the code of practice are to it as it has effect at the time of the failure to comply, or the compliance, concerned.

Annotations