Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007

Scottish Statutory Instruments

2007 No. 238

HIGH COURT OF JUSTICIARY

SHERIFF COURT

DISTRICT COURT

Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007

Made

9th March 2007

Coming into force

26th March 2007

The Lord Justice General, the Lord Justice Clerk and the Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment) (Animal Health and Welfare etc.) 2007 and shall come into force on 26th March 2007.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996(2) shall be amended in accordance with sub paragraphs (3) to (4).

(2) Rule 22.15 of the Act of Adjournal (Criminal Procedure Rules) 1996 shall apply in solemn proceedings which commenced after 1st April 2006 and in which there is a vulnerable witness within the meaning of section 271(1)(b) of the Criminal Procedure (Scotland) Act 1995, with proceedings being taken to have commenced when a report of the case has been received by the procurator fiscal.

(3) After Chapter 50 (football banning orders)(3) there shall be inserted the following:–

“CHAPTER 51 ANIMAL HEALTH AND WELFARE

Interpretation

51.1.   In this Chapter–

“the 1981 Act” means the Animal Health Act 1981(4);

“the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006(5);

“deprivation order” means an order made under section 28E of the 1981 Act, section 39 of the 2006 Act, or section 47 of the Animal Welfare Act 2006(6);

“disqualification order” means an order made under section 28F of the 1981 Act or section 40 of the 2006 Act.

Deprivation orders

51.2.   A deprivation order shall be in Form 51.2.

Representations

51.3.— (1) Where the court is considering making a deprivation order and it is practicable to do so–

(a) the court shall appoint a diet for parties to be heard; and

(b) the clerk of court shall intimate the diet to the owner of any animal to which the order would apply.

(2) A person who has received intimation under paragraph (1)(b) and wishes to make representations to the court under section 28E(9) of the 1981 Act, section 39(9) of the 2006 Act or section 47(9) of the Animal Welfare Act 2006 shall do so–

(a) in writing to the clerk of court, unless the court otherwise directs; and

(b) by such date as the court directs.

Forms of appeal by person with interest in animal

51.4.   An application under section 28E(11) of the 1981 Act, section 43(2) of the 2006 Act or section 49(2) of the Animal Welfare Act 2006 (appeal) shall be in Form 51.4.

Disqualification orders

51.5.   A disqualification order shall be in Form 51.5.

Termination or variation of disqualification orders

51.6.   An application for the termination or variation of a disqualification order shall be made by petition in Form 51.6.”

(4) In the appendix, after Form 50.3 (form of football banning order)(7) there shall be inserted the forms set out in the Schedule to this Act of Adjournal.

A C HAMILTON

Lord Justice General, I.P.D.

Edinburgh

9th March 2007

Paragraph 2(5)

SCHEDULE

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996 (S.I. 1996/513) (“the 1996 Rules”). It makes provision consequent upon commencement of the Animal Health and Welfare (Scotland) Act 2006 (“the 2006 Act”) and the Animal Welfare Act 2006. The Act of Adjournal provides forms for deprivation orders and disqualification orders under the Animal Health Act 1981 and the 2006 Act and deprivation orders under the Animal Welfare Act 2006. It also provides a procedure for representations to be made before a deprivation order is made, a form of appeal against a deprivation order by a third party with an interest and form of application for termination or variation of a disqualification order.

It also applies rule 22.15 to solemn proceedings after 1st April 2006 where there is a vulnerable witness under section 271(1)(b) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).

(1)

1995 c. 46.

(2)

S.I. 1996/513, last amended by S.S.I. 2006/436.

(3)

Chapter 50 was inserted by S.S.I. 2006/436.

(4)

1981 c. 22.

(5)

2006 asp.11.

(6)

2006 c. 45.

(7)

Form 50.3 was inserted by S.S.I. 2006/436.