This guidance applies in Scotland only. It is issued by the Scottish Ministers under section 38 of the Animal Health and Welfare (Scotland) Act 2006 ("the 2006 Act"). The purpose of this guidance is to help "authorised persons" understand the requirements of, and their functions under, sections 32A – 32M of the 2006 Act. Those sections were inserted into the 2006 Act by section 19 of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 ("the 2020 Act"). Sections 32A – 32M of the 2006 Act came into force on 30 September 2021.
This guidance is issued with the purpose of assisting authorised persons in the carrying out of their functions. This guidance is advisory only and does not impose legal obligations on authorised persons. If there are conflicts between the content of this guidance and the provisions of the 2006 Act or any other legislation, such binding provisions should take priority. The interpretation of legislation is ultimately a matter for the courts.