Commentary on Sections Scotland Section 47: Deprivation orders in connection with offence under section 46(2)
184.This section gives a Scottish court power to deprive a person of ownership or possession (or both) and order disposal of an animal to which a conviction under section 46(2) for breach of a disqualification order relates.
185.Subsection (2) gives the court power not only to deprive a person of ownership or possession of the animal but also to order that the animal be disposed of, including destruction or sale.
186.Subsection (6) gives the court ancillary powers when making a deprivation order, such as the power to appoint a person to carry it out, and a power to require the person in possession of the animal to give it up. Subsection (7) provides that these powers may include a provision ordering the convicted person to reimburse the expenses of the person carrying it out, and a provision depriving the convicted person of the proceeds of the animal’s disposal.
187.Subsection (8) stipulates that destruction of the animal may only be ordered where it is in the animal’s interests.