Animal Health & Welfare Act Amendment Consultation 2019

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Closes 26 Apr 2019

Questions

1. The Scottish Government proposes that the maximum penalties for the most serious animal welfare offences should be strengthened. Do you agree?

2. Do you agree that the maximum prison sentence available for offences under section 19 (unnecessary suffering) and section 23 (animal fighting) should be increased from twelve months to five years imprisonment?

3. Do you agree that there should be no upper limit on fines for offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

4. Other than increasing the maximum penalties for unnecessary suffering; should we amend legislation in any other ways, in regard to attacks on service animals?

5. Do you agree that there should be no statutory time limit for prosecuting offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

6. Do you agree the introduction of proportionate fixed penalty notices would improve the enforcement of animal welfare offences?

7. Do you agree that there is a need to speed up the process of making permanent arrangements for animals taken into possession under section 32 of the Act?

8. Do you agree that the ability to make suitable permanent arrangements for animals taken into possession (using a court disposal order) after service of a notice and after lapse of a specified period will benefit the welfare of animals?

9. Do you agree that the ability to make suitable arrangements for these seized animals after a short period will free up resources of the relevant enforcement authorities and animal welfare charities; allowing them to help a greater number of animals?

10. Should such a new power to make permanent arrangements for animals that have been taken into possession apply to all animals, or only to commercially kept animals; such as puppies in breeding facilities, puppies for sale and livestock?

11. Do you agree that the owner or previous keeper should have an opportunity to appeal against permanent arrangements being made within a short time period?

12. Do you agree that three weeks is a reasonable period of notice before making suitable permanent arrangements for animals taken into possession?

13. Do you agree that the previous keeper should be able to apply for compensation based on the commercial value of these animals, less reasonable costs?

14. Do you have any practical suggestions about how to value commercially kept animals other than farm livestock?

15. Please provide any further comments or suggestions on the proposed new system for making permanent arrangements for animals.