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Animal Health and Welfare (Scotland) Act 2006
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Changes over time for: Section 42
Version Superseded: 01/09/2021
Alternative versions:
- 06/10/2006- Amendment
- 31/12/2020
Point in time - 01/09/2021- Amendment
- 30/09/2021- Amendment
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Animal Health and Welfare (Scotland) Act 2006, Section 42 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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42Termination or variation of disqualificationS
This section has no associated Explanatory Notes
(1)A person who is subject to a disqualification order may request the court which made the order to terminate or vary the order.
(2)An application under subsection (1) may not be made—
(a)before the expiry of the period of one year beginning with the date on which the order was made,
(b)where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined, or
(c)within any period specified under—
(i)section 40(9)(b), or
(ii)subsection (5).
(3)On an application under subsection (1), the court may—
(a)refuse the application,
(b)terminate the disqualification order, or
(c)vary the disqualification order so as to relax any disqualification imposed by it.
(4)In considering the application, the court must have particular regard to—
(a)the nature of the offence in relation to which the disqualification order was made,
(b)the character of the applicant, and
(c)the applicant's conduct since the order was made.
(5)Where the court refuses an application made under subsection (1), the court may specify a period within which the applicant may not make a further application under that subsection in relation to the same order.
Commencement Information
I1S. 42 in force at 6.10.2006 by S.S.I. 2006/482, art. 2 (with art. 4(1)(d))
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