Animal Health and Welfare (Scotland) Act 2006

[F1 32H Compensation amount S

(1) This section provides for the calculation of the compensation amount which is to be specified in the compensation notice.

(2) Where the only relevant step specified in the decision notice is the step mentioned in section 32A(2)(a), the compensation amount is an amount equivalent to any decrease in the market value of the protected animal caused by the administration of the treatment, less any relevant expenses mentioned in subsection (4)(b).

(3) Where the relevant step specified in the decision notice is the step mentioned in section 32A(2)(b) or (c), or the step mentioned in section 32A(2)(a) along with another relevant step, the compensation amount is an amount equivalent to the greater of—

(a) the market value of the animal at the time it was taken into possession under section 32,

(b) the market value of the animal at the time immediately before the last relevant step specified in the compensation notice was taken, and

(c) any proceeds of sale of the animal,

less the amounts mentioned in subsection (4).

(4) The amounts referred to in subsections (2) and (3) are—

(a) any compensation amount which has been the subject of a previous compensation notice in respect of that animal, and

(b) any relevant expenses to the extent they have not been—

(i) reimbursed by or on behalf of the relevant owner, or

(ii) deducted from any amount in accordance with subsection (2) or (3) in relation to a previous compensation notice in respect of that animal.

(5) In this section and in sections 32I and 32L, “relevant expenses” means—

(a) any expenses reasonably incurred in relation to the animal after it was taken into possession under section 32,

(b) the reasonable costs of taking the relevant step specified in the compensation notice, and

(c) the reasonable costs of taking a relevant step specified in a previous compensation notice in respect of the animal,

to the extent that they have been incurred by or on behalf of an authorised person or, where the authorised person is an individual, the authorised person's employer.]

Textual Amendments

F1 Ss. 32A-32M inserted (30.9.2021) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 19, 22(2); S.S.I. 2021/303, reg. 2(c)