Where the court is satisfied that a person who is subject to disqualification under section 34 owns or keeps an animal in breach of the disqualification, the court may make an order (in this section and sections 49 and 50 referred to as a "seizure order") in respect of all animals which the person owns or keeps in breach of the disqualification.
A seizure order may be made—
A seizure order is an order—
of the animal.
A seizure order may include—
to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept,
Provision under subsection (4)(c) may, in particular—
The court may not make a seizure order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
Before making a seizure order, the court must give the owner of the animals concerned an opportunity to make representations unless it is not practicable for it to do so.
In determining whether or how to make a seizure order, the court must have regard to the desirability of—
When an application is made under subsection (2)(a), the court may make an order under this subsection (an "interim order") containing such provision as the court considers appropriate in relation to the keeping of an animal until the application is finally determined.
Subsections (4), (5)(a) and (8) apply in relation to an interim order as they apply in relation to a seizure order.
In subsection (2)(a), an "inspector" is a person—
In subsection (11)(b), a "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).