The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 3 and Transitional Provision) Regulations 2021

Scottish Statutory Instruments

2021 No. 303 (C. 17)

Animals

The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 3 and Transitional Provision) Regulations 2021

Made

7th September 2021

Laid before the Scottish Parliament

9th September 2021

Coming into force

30th September 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(2) and (3) of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 3 and Transitional Provision) Regulations 2021 and come into force on 30 September 2021.

(2) In these Regulations—

“the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006(2),

“the 2020 Act” means the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020.

Appointed day

2.  30 September 2021 is the appointed day for the coming into force of the following provisions of the 2020 Act—

(a) section 4 (disqualification orders),

(b) section 5 (disqualification orders: further provision),

(c) section 19 (taking possession of animals: additional powers),

(d) section 20 (taking possession of animals: amendment of existing powers),

(e) section 21 (disposal orders where animals taken: restriction of application).

Transitional provision

3.  The commencement of section 21 of the 2020 Act does not prevent a person mentioned in section 34(4)(b) to (d) of the 2006 Act from continuing proceedings under section 34 of the 2006 Act commenced before 30 September 2021.

MAIRI GOUGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

7th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the provisions of the of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (“the 2020 Act”) which have not previously been commenced.

Regulation 2 brings into force sections 4, 5 and 19 to 21 of the 2020 Act on 30 September 2021. Regulation 3 makes transitional provision in relation to the commencement of section 21 (disposal orders where animals taken: restriction of application) of the 2020 Act.

The Bill for the 2020 Act received Royal Assent on 21 July 2020. Sections 17, 22 and 23 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

Certain provisions of the 2020 Act have been brought into force by commencement regulations made before the date of these Regulations.

The provisions of the 2020 Act that have previously been brought into force by commencement regulations are listed below.

Provision	Date of Commencement	Instrument No.
Section 1 to 3	30 November 2020	S.S.I. 2020/379
Section 6 to 13	30 November 2020	S.S.I. 2020/379
Section 14(1)	30 November 2020	S.S.I. 2020/379
Section 14(2) to (6)	1 February 2021	S.S.I. 2020/379
Section 14(7)	30 November 2020	S.S.I. 2020/379
Section 15	30 November 2020	S.S.I. 2020/379
Section 16	30 November 2020	S.S.I. 2020/379
Section 18	1 March 2021	S.S.I. 2021/42

(1)

2020 asp 14.

(2)

2006 asp 11.