Part V Enforcement, Offences and Proceedings

Proceedings

79 Evidence and procedure.

C6C2C1C3C5C4C8C7C9C10C11C12C13C14C16C15C17C18C19C20C211

In any proceeding under this Act no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the clerk or an inspector or other officer of a local authority.

C6C2C1C3C5C4C8C7C9C10C11C12C13C14C16C15C17C18C19C20C212

Where the owner or person in charge of an animalF1 , bird or amphibian is charged with an offence against this Act relative to disease or to any illness of the animalF1 , bird or amphibian , he shall be presumed to have known of the existence of the disease or illness unless and until he shows to the court’s satisfaction that—

a

he had not knowledge of the existence of that disease or illness, and

b

he could not with reasonable diligence have obtained that knowledge.

C16C15C17C18C19C20C21F2 2A

In subsection (2)—

  • “ animal ” means any kind of mammal (except man);

  • “disease” is not restricted by its definition in this Act.

C6C2C1C3C5C4C8C7C9C10C11C12C13C14C16C15C17C18C19C20C213

Where a person—

a

is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, aircraft, vehicle or thing belonging to him or under his charge, and

b

a presumption against him on the part of the prosecution is raised,

it shall lie on him to prove the due cleansing and disinfection mentioned in paragraph (a).

C6C2C1C3C5C4C8C7C9C10C11C12C13C14C16C15C17C18C19C20C214

Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the MinisterF3 or regulations made by the Scottish Ministers under this Act or regulation of a local authority shall be deemed to have arisen, either in any place—

a

where it actually was committed or arose; or

b

where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint or proceeding.

5

Nothing in subsections (2) to (4) above applies in relation to an offence under section 4 above.