(1) Any person who keeps animals solely or primarily—
(a) for slaughter (whether by that person or another) for the value of their fur, or
(b) for breeding progeny for such slaughter, is guilty of an offence.
(2) Any person who causes or permits another person to keep animals as mentioned in subsection (1) is guilty of an offence.
(3) The references in subsection (1) to keeping animals for slaughter and to breeding progeny for slaughter include keeping or (as the case may be) breeding them for sale for slaughter.
(4) Where an offence under this section has been committed by a body corporate and it has been committed with the consent or connivance of, or is attributable to the neglect of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence.
(5) Where an offence under this section has been committed by a Scottish partnership and it has been committed with the consent or connivance of, or is attributable to the neglect of, a partner, that partner as well as the partnership is guilty of the offence.
(6) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding £20,000.
Section 2
2. Forfeiture orders S
(1) Where a person is convicted of an offence under section 1(1), the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that person when the order is made or which come into that person’s keeping during the relevant period.
(2) Where a person is convicted of an offence under section 1(2) in respect of animals kept by another person, the court may make a forfeiture order in respect of animals of any type to which the offence related which are kept by that other person when the order is made or which come into that other person’s keeping during the relevant period.
(3) In subsections (1) and (2), the “ relevant period ” is the period beginning with the making of the forfeiture order and ending with the destruction or other disposal of the animals in pursuance of the order.
(4) For the purposes of this Act, a forfeiture order is an order for the forfeiture and destruction or other disposal of the animals to which the order applies (including any subsequent progeny of those animals).
(5) A forfeiture order operates so as to deprive any person of that person’s rights in the animals.
(6) The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way.
(7) In deciding whether to make a forfeiture order, the court must take into account any representations made to it by any person who has an interest in any animals to which the order may apply.
(8) Any person who has an interest in any animals in respect of which the court has made a forfeiture order may appeal to the [ F1 Sheriff Appeal Court ] against the order within the period of 7 days beginning with the date of the order. Textual Amendments F1 Words in s. 2(8) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338) , art. 1 , Sch. 2 para. 7 (with art. 4 )
