Commore
10-Nov-10, 21:46
Those of us who are owners of animals are in general expected to know something of the law operating in your area of the British Isles,
Ignorance is not a defence in Law, therefore, peruse........
"Protected animals" include the kinds of animals whose collective behaviour, life cycle, or physiology has been altered as a result of their breeding and living conditions being under human control for multiple generations. Livestock, poultry, horses, cats and dogs are all protected animals whether they are in captivity or living wild as "feral" animals. Thus feral cats, sheep, goats or ponies are "protected animals" for the purpose of the Act. Other animals living in the wild which have not had their behaviour, life cycle or physiology altered by being under human control, such as pheasants or deer, are not classed as protected animals. When man has made an animal dependent on him, then the animal should continue to be protected. Wild rabbits, mice and rats are not protected animals unless they are under the control of man as they are not of a "kind" commonly domesticated in the British Islands. The domestic rabbit, mouse and rat is quite different to the wild kind, and the fact that some kinds of animals can be domesticated, does not mean that all such animals are then "protected". The British Islands means the United Kingdom, the Channel Islands and the Isle of Man.
An "inspector" for the purposes of any provision of Part 2 of the Act, is a person either appointed or authorised as a inspector by the Scottish Ministers; or a person appointed as an inspector by a local authority. In practice this will mean officers of the State Veterinary Service and local authority animal health and welfare officers, employed in Trading Standards and Environmental Health Departments. Individual inspectors of the Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) will be authorised as "inspectors" by Scottish Ministers for the purpose of dealing with animals in distress and empowered to issue "care notices" (paragraphs 39 - 43). This will give authorised Scottish SPCA inspectors the same powers as inspectors appointed by local authorities to take possession of animals which are suffering or are in danger of suffering, and to apply to the court for a release order or a disposal order, in respect of animals which they have seized.
Inspectors will not incur civil or criminal liability for anything which they do in exercising any functions conferred on them, if they have reasonable grounds for such action and act in good faith. This does not affect any liability of any other person in respect of any action undertaken.
Source;
http://www.scotland.gov.uk/Topics/farmingrural/Agriculture/animal-welfare/AnimalWelfare/AHWSAGuidance/Micscellaneous
And to the Act;
http://www.legislation.gov.uk/asp/2006/11/contents#muscat_highlighter_first_match
Ignorance is not a defence in Law, therefore, peruse........
"Protected animals" include the kinds of animals whose collective behaviour, life cycle, or physiology has been altered as a result of their breeding and living conditions being under human control for multiple generations. Livestock, poultry, horses, cats and dogs are all protected animals whether they are in captivity or living wild as "feral" animals. Thus feral cats, sheep, goats or ponies are "protected animals" for the purpose of the Act. Other animals living in the wild which have not had their behaviour, life cycle or physiology altered by being under human control, such as pheasants or deer, are not classed as protected animals. When man has made an animal dependent on him, then the animal should continue to be protected. Wild rabbits, mice and rats are not protected animals unless they are under the control of man as they are not of a "kind" commonly domesticated in the British Islands. The domestic rabbit, mouse and rat is quite different to the wild kind, and the fact that some kinds of animals can be domesticated, does not mean that all such animals are then "protected". The British Islands means the United Kingdom, the Channel Islands and the Isle of Man.
An "inspector" for the purposes of any provision of Part 2 of the Act, is a person either appointed or authorised as a inspector by the Scottish Ministers; or a person appointed as an inspector by a local authority. In practice this will mean officers of the State Veterinary Service and local authority animal health and welfare officers, employed in Trading Standards and Environmental Health Departments. Individual inspectors of the Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) will be authorised as "inspectors" by Scottish Ministers for the purpose of dealing with animals in distress and empowered to issue "care notices" (paragraphs 39 - 43). This will give authorised Scottish SPCA inspectors the same powers as inspectors appointed by local authorities to take possession of animals which are suffering or are in danger of suffering, and to apply to the court for a release order or a disposal order, in respect of animals which they have seized.
Inspectors will not incur civil or criminal liability for anything which they do in exercising any functions conferred on them, if they have reasonable grounds for such action and act in good faith. This does not affect any liability of any other person in respect of any action undertaken.
Source;
http://www.scotland.gov.uk/Topics/farmingrural/Agriculture/animal-welfare/AnimalWelfare/AHWSAGuidance/Micscellaneous
And to the Act;
http://www.legislation.gov.uk/asp/2006/11/contents#muscat_highlighter_first_match