- Latest available (Revised)
- Original (As enacted)
Animal Health and Welfare (Scotland) Act 2006, Section 4 is up to date with all changes known to be in force on or before 30 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
After section 6B of the 1981 Act there is inserted—
(1)The Scottish Ministers may make an order containing a code (referred to in this section and section 6D as a “biosecurity code”) which makes provision for the taking of, and in relation to, the measures specified in subsection (2).
(2)Those are measures (“biosecurity measures”) for preventing—
(a)diseases of animals;
(b)the spread of causative agents of diseases of animals—
(i)among animals, birds or amphibians;
(ii)between any of those categories of creature and another of those categories; or
(iii)from any of those categories of creature to humans.
(3)In subsection (2)(b), “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease.
(4)A biosecurity code may relate solely to one, or more than one—
(a)kind of creature; or
(b)disease.
(5)A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures.
(6)A biosecurity code may—
(a)prescribe general requirements to which persons to whom the code applies are subject;
(b)prescribe particular requirements to which such persons are, in such circumstances as are specified in the code, subject; and
(c)specify circumstances in which any person is to be regarded for the purposes of this section as complying with, or (as the case may be) not complying with, any requirements prescribed under paragraphs (a) or (b).
(7)A biosecurity code may make different provision for different cases or classes of case.
(8)A biosecurity code applies, to the extent provided for in the code, to any person who owns, keeps or is in charge of any creature of a kind to which the code relates.
(9)A person must, to the extent to which a biosecurity code applies to the person, comply with the code.
(10)A person who is subject to a requirement prescribed under subsection (6)(a) or (b) commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person fails to comply with the requirement.
(11)Before making an order under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate about the proposed biosecurity code.
(12)A statutory instrument containing an order under subsection (1) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(13)In sub-paragraph (i) of paragraph (b) of subsection (2), the reference to animals means any kind of mammal (except man).
(14)In this section and section 6D(1)(b), “disease” is not restricted by its definition in this Act.
(1)Where the Scottish Ministers are of the opinion that there exists—
(a)an outbreak of a disease specified in Schedule 2B to this Act; or
(b)some other emergency relating to a disease of animals,
subsections (11) and (12) of section 6C do not apply in relation to the making of an order under subsection (1) of that section containing a biosecurity code relating to the outbreak or, as the case may be, the other emergency.
(2)Where subsection (1) applies, an order made accordingly (an “emergency order”)—
(a)is to be laid before the Scottish Parliament; and
(b)ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(3)However, paragraph (b) of subsection (2) does not apply in relation to an order which—
(a)revokes (wholly or partly) an emergency order; and
(b)does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(4)In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a)dissolved; or
(b)in recess for more than 4 days.
(5)Subsection (2)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.
(6)An emergency order must include a description of the emergency in relation to which the order is made.”.
Commencement Information
I1S. 4 in force at 6.10.2006 by S.S.I. 2006/482, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: