Commentary on Sections Section 5 – Definitions
36.Section 5 amends the definitions set out in section 3(1) of the 1953 Act, adds further definitions, and gives the Scottish Ministers power to amend those definitions.
37.The definition of “livestock” is amended to include camelids (for example, alpacas and llamas), ostriches, farmed deer, enclosed game birds and buffalo, and gives further explanation of the meaning of “farmed deer” and “enclosed game birds”. The definition of “agricultural land” is amended to clarify that “grazing land” includes woodland used for grazing, and to include land used for the purpose of raising game birds (to ensure that where enclosed game birds are attacked or worried by a dog, this counts as attacking or worrying them on agricultural land). “Donkeys” replaces the term “asses”, within the definition of “horses”, in order to reflect modern terminology.
38.Section 5(3) inserts new section 3(4) into the 1953 Act to allow the Scottish Ministers by regulations to amend the definitions set out in section 3(1). Section 5(4) specifies that these regulations are subject to the affirmative procedure, which means that they must be laid in draft for approval by the Parliament.