[F128CDeliberate infection: ScotlandS
(1)A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person—
(a)knowingly does anything which causes or is intended to cause; or
(b)recklessly causes,
an animal or bird to be infected with a disease specified in Schedule 2B to this Act.
(2)A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains—
(a)an animal or bird; or
(b)the carcase of an animal or bird,
which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.
(3)A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains anything obtained from, produced by or used in connection with—
(a)an animal or bird; or
(b)the carcase of an animal or bird,
which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.
(4)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5)In this section and sections 28D to 28H, the references to an animal mean any kind of mammal (except man).]
Textual Amendments
F1Ss. 28C-28H inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 10, 55(1) (with s. 54); S.S.I. 2006/482, art. 2