Animal Health and Welfare (Scotland) Act 2006: guidance

The Government has prepared notes to aid understanding by providing general guidance on the content of the Act and where appropriate, to give additional notes on its general and specific provisions. They do not form part of the Act and have not been endorsed by Parliament.

Miscellaneous Guidance

Vets, Inspectors and Constables - Section 49

A "veterinary surgeon" is defined as a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966.

An "inspector" for the purposes of any provision of Part 2 of the Act, is a person either appointed or authorised as a inspector by the Scottish Ministers; or a person appointed as an inspector by a local authority. In practice this will mean officers of the State Veterinary Service and local authority animal health and welfare officers, employed in Trading Standards and Environmental Health Departments. Individual inspectors of the Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) will be authorised as "inspectors" by Scottish Ministers for the purpose of dealing with animals in distress and empowered to issue "care notices" (paragraphs 39 - 43). This will give authorised Scottish SPCA inspectors the same powers as inspectors appointed by local authorities to take possession of animals which are suffering or are in danger of suffering, and to apply to the court for a release order or a disposal order, in respect of animals which they have seized.

Inspectors will not incur civil or criminal liability for anything which they do in exercising any functions conferred on them, if they have reasonable grounds for such action and act in good faith. This does not affect any liability of any other person in respect of any action undertaken.

Premises - Section 50

For the purposes of Part 2 of the Act "premises" are defined as including any land or building, or any other place including a vehicle or vessel, tent or moveable structure.

"Domestic premises" are defined as meaning premises or parts of premises used exclusively as a dwelling house and as including land or structure belonging to or usually enjoyed with the house. This could include a garage, garden or garden shed.

Back to top