[F136ZASeizure of carcases etc.: further provision for ScotlandS
(1)The Scottish Ministers may by order make provision for—
(a)the seizure of anything (whether animate or inanimate) which appears to them might be capable of carrying or transmitting any disease to which this subsection applies;
(b)the destruction, burial, disposal or treatment of anything seized under the order; and
(c)regulating the matters mentioned in paragraphs (a) and (b).
(2)Subsection (1) does not authorise provision for the seizure of a live animal, bird or amphibian; but an order under that subsection may provide for the seizure of carcases and of anything obtained from or produced by an animal, bird or amphibian.
(3)Subsection (1) applies to the diseases in the case of which any power of slaughter is exercisable under or by virtue of section 16B, Part 2B or Schedule 3A.
(4)A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person throws or places, or causes or suffers to be thrown or placed, into—
(a)any river, stream, canal, navigation or other water; or
(b)the sea within 4.8 kilometres of the shore,
the carcase of, or anything obtained from or produced by, an animal, bird or amphibian which has been slaughtered in the exercise of any power conferred by or under section 16B, Part 2B or Schedule 3A.
(5)In this section, the references to an animal mean any kind of mammal (except man).]
Textual Amendments
F1S. 36ZA - S. 36ZB inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 8, 55(1) (with s. 54); S.S.I. 2006/482, art. 2