Scottish Statutory Instruments
2020 No. 379 (C. 32)
Animals
Wildlife
The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 1 and Transitional Provision) Regulations 2020
Made
12th November 2020
Laid before the Scottish Parliament
16th November 2020
Coming into force
30th November 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(2) and (3) of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020(1).
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (Commencement No. 1 and Transitional Provision) Regulations 2020 and come into force on 30 November 2020.
(2) In these Regulations "the Act" means the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020.
Appointed days
2.-(1) 30 November 2020 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is specified in column 2 of that table).
(2) 1 February 2021 is the day appointed for the coming into force of section 14(2) to (6) of the Act.
Transitional provision
3. The following sections of the Act apply only in relation to offences committed wholly on or after 30 November 2020-
(a) sections 1(2)(a) and (3), 7 to 12 and 14(7),
(b) section 3, so far as it inserts section 19(4A) and (4B) into the Animal Health and Welfare (Scotland) Act 2006(2).
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
12th November 2020
Regulation 2(1)
SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 30 NOVEMBER 2020
| Column 1 | Column 2 |
|---|---|
| Provision of the Act | Subject matter |
| Section 1 | Prevention of harm to animals: penalties for offences |
| Section 2 | Fixed penalty notices for certain animal welfare offences |
| Section 3 | Harming a service animal |
| Section 6 | Fixed penalty notices for offences relating to animal health |
| Section 7 | Wildlife and Countryside Act 1981: penalties for offences |
| Section 8 | Protection of Badgers Act 1992: penalties for offences |
| Section 9 | Conservation (Natural Habitats, etc.) Regulations 1994: penalties for offences |
| Section 10 | Deer (Scotland) Act 1996: penalties for offences |
| Section 11 | Wild Mammals (Protection) Act 1996: penalties for offences |
| Section 12 | Protection of Wild Mammals (Scotland) Act 2002: penalties for offences |
| Section 13 | Fixed penalty notices for certain wildlife offences |
| Section 14(1) and (7) | Killing, injuring or taking seals: offences, penalties etc. |
| Section 15 | Acoustic deterrent devices: requirement to report |
| Section 16 | Review of requirements for additional animal welfare, animal health and wildlife offences |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force certain sections of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 ("the Act").
Regulation 2(1) appoints 30 November 2020 for the coming into force of sections 1 to 3, 6 to 13, 14(1) and (7), 15 and 16 of the Act.
Regulation 2(2) appoints 1 February 2021 for the coming into force of section 14(2) to (6) of the Act.
Sections 1, 3 and 7 to 12 of the Act make amendments to several pieces of animal and wildlife legislation to increase penalties and make changes to procedural time limits for certain animal and wildlife offences. Sections 2, 6 and 13 of the Act create new enabling powers for the Scottish Ministers, by regulations, to make provision about the issuing of fixed penalty notices in relation to certain animal and wildlife offences.
Section 14(2) of the Act repeals certain grounds on which a seal licence can be granted and section 14(3) to (6) of the Act repeals certain provisions about powers to authorise entry onto land where a seal licence has been granted under one of the repealed grounds. Section 14(7) increases penalties for certain seal related offences.
Section 15 creates a requirement for the Scottish Ministers to report on the use of acoustic deterrent devices in fish farms. Section 16 creates a requirement for the Scottish Ministers to conduct a review into whether the provisions of the Act are sufficient to ensure appropriate standards of animal welfare, animal health and protection of wildlife.
Regulation 3 provides that section 1(2)(a) and (3), section 3 (so far as it inserts a new section 19(4A) and (4B) into the Animal Health and Welfare (Scotland) Act 2006), sections 7 to 12 and section 14(7) of the Act – which variously increase penalties and make certain other procedural changes in relation to animal protection and related offences – apply only in relation to offences committed on or after 30 November 2020, leaving pre-existing law to apply to offences committed prior to that date.
The Bill for the Act received Royal Assent on 21 July 2020. Sections 17, 22 and 23 came into force the following day.