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Animal Health and Welfare (Scotland) Act 2006
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Animal Health and Welfare (Scotland) Act 2006, Section 32D is up to date with all changes known to be in force on or before 28 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 49(2A) inserted by 2024 asp 4 s. 11(2)(a)
- s. 51(4) inserted by 2024 asp 4 s. 11(3)
- Sch. 1 para. 5A and cross-heading inserted by 2024 asp 4 s. 11(4)
[F132DAppeal to the court in respect of decision noticeS
This section has no associated Explanatory Notes
(1)A person mentioned in subsection (2) may appeal to the court for an order in respect of a decision notice.
(2)The person is—
(a)the owner of the protected animal to which the decision notice relates,
(b)any other person appearing to the court to have a sufficient concern for the animal.
(3)An appeal to the court under this section may only be made before the expiry of the period of 3 weeks beginning with the date of service of the decision notice.
(4)A person is entitled to be heard in relation to an appeal under subsection (1) if (despite not being the appellant) the person is—
(a)a person mentioned in subsection (2),
(b)an authorised person,
(c)an inspector (if not an authorised person),
(d)a constable who took the animal into possession under section 32 (if not an authorised person).
(5)The grounds on which an appeal to the court may be made under this section are that the decision to serve a decision notice or to specify any relevant step in it—
(a)is materially affected by an error of fact,
(b)is wrong in law,
(c)is unreasonable.
(6)The court may—
(a)make an order permitting the relevant step specified in the decision notice to be taken,
(b)make an order that the relevant step specified in the decision notice must not be taken,
(c)make an order varying the decision notice to permit a different relevant step to be taken in relation to the animal (including by varying a relevant step specified in the notice or by substituting for it another relevant step),
(d)make an order which would be available to the court on a valid application to it under subsection (1) of section 33 on the same terms as set out in that section,
(e)dispose of the proceedings in any other way it thinks fit.
(7)An order under subsection (6) may include—
(a)provision appointing a person who is to secure that the order is carried out,
(b)such other provision as the court considers appropriate in connection with the order.
(8)The decision of the court on an appeal under this section is final.
(9)If the court makes an order under subsection (6)(b), an authorised person may, subject to following the procedure in sections 32A to 32C, decide to take a different relevant step in relation to the animal.
(10)In this section, “court” means the sheriff.]
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