Publication - Consultation paper

Animal Health and Welfare (Scotland) Act 2006: consultation on proposed amendments

Published: 1 Feb 2019

We are seeking views on strengthening animal welfare legislation by increasing the maximum available penalties, introducing fixed penalty notices, and making it easier for approved bodies to quickly make the best arrangements for seized animals.

21 page PDF

380.8 kB

21 page PDF

380.8 kB

Contents
Animal Health and Welfare (Scotland) Act 2006: consultation on proposed amendments
Annex B:

21 page PDF

380.8 kB

Annex B:

Consultation Questions

Respondents should take into consideration the information provided in this document alongside any other knowledge or personal experiences that could be relevant. All opinions are welcome.

You are invited to answer all the questions. However, if you are unable to answer any question then please feel free to move on to the next.

If you intend to email or post your consultation response please ensure you complete a Respondent Information Form (Annex A). This will ensure that if you ask for your response not to be published that we regard it as confidential and will treat it accordingly.

Sector and Origin

It would be helpful for our analysis if you could indicate which of the sectors you most align yourself/your organisation with for the purpose of this consultation

(Please tick ONE which is MOST APPLICABLE to you):

Veterinary Profession ☐
Enforcement agency / officer ☐
Animal Welfare Organisation ☐
Member of the General Public ☐
Local Authority ☐
Agricultural business / organisation ☐
Animal breeder / dealer ☐
Animal sanctuary / rescue centre ☐
Person with commercial interests (e.g. dog walker)

Other (please specify)

Question 1:

The Scottish Government proposes that the maximum penalties for the most serious animal welfare offences should be strengthened. Do you agree?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 2:

Do you agree that the maximum prison sentence available for offences under section 19 (unnecessary suffering) and section 23 (animal fighting) should be increased from twelve months to five years imprisonment?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 3:

Do you agree that there should be no upper limit on fines for offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 4:

Other than increasing the maximum penalties for unnecessary suffering; should we amend legislation in any other ways, in regard to attacks on service animals?

Please explain the reasons for your answer and what you would propose.

Question 5:

Do you agree that there should be no statutory time limit for prosecuting offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 6:

Do you agree the introduction of proportionate fixed penalty notices would improve the enforcement of animal welfare offences?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 7:

Do you agree that there is a need to speed up the process of making permanent arrangements for animals taken into possession under section 32 of the Act?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 8:

Do you agree that the ability to make suitable permanent arrangements for animals taken into possession (using a court disposal order) after service of a notice and after lapse of a specified period will benefit the welfare of animals?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 9:

Do you agree that the ability to make suitable arrangements for these seized animals after a short period will free up resources of the relevant enforcement authorities and animal welfare charities; allowing them to help a greater number of animals?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 10:

Should such a new power to make permanent arrangements for animals that have been taken into possession apply to all animals, or only to commercially kept animals; such as puppies in breeding facilities, puppies for sale and livestock?

Yes (all animals) No (only commercial animals) Don’t Know

Please explain the reasons for your answer

Question 11:

Do you agree that the owner or previous keeper should have an opportunity to appeal against permanent arrangements being made within a short time period?

Yes ☐
No ☐
Don’t Know ☐

Please provide views and supporting evidence on other considerations that might apply

Question 12:

Do you agree that three weeks is a reasonable period of notice before making suitable permanent arrangements for animals taken into possession?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 13:

Do you agree that the previous keeper should be able to apply for compensation based on the commercial value of these animals, less reasonable costs?

Yes ☐
No ☐
Don’t Know ☐

Please explain the reasons for your answer

Question 14:

Do you have any practical suggestions about how to value commercially kept animals other than farm livestock?

Question 15:

Please provide any further comments or suggestions on the proposed new system for making permanent arrangements for animals.

Evaluation

Please help us improve our consultations by answering the questions below. (Responses to the evaluation will not be published).

Question 16:
How satisfied were you with this consultation?

Very dissatisfied ☐
Slightly dissatisfied ☐
Neither satisfied nor dissatisfied ☐
Slightly satisfied ☐
Very satisfied ☐

Please enter comments here

Question 17:
How would you rate your satisfaction with using this platform (Citizen Space) to respond to this consultation?

Very dissatisfied

Slightly dissatisfied ☐
Neither satisfied nor dissatisfied ☐
Slightly satisfied ☐
Very satisfied ☐
Not applicable

Please enter comments here


Contact

Email: Jonathan.MacLure@gov.scot

Telephone: 0300 244 4750