Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill 15 Chapter 2—Animal welfare: powers in relation to animals taken into possession (5) The date referred to in subsection (4)(b) is— (a) the date on which the decision notice was served, provided that— (i) no application under section 33 is made in accordance with subsection (2), and 5 (ii) no appeal under section 32D is made in accordance with section 32D(3), (b) where an application under section 33 made in accordance with subsection (2) is rejected by the court, the date it is so rejected, provided no appeal is made, 10 (c) where a decision mentioned at paragraph (b) is appealed, the date on which the appeal is rejected, (d) where an appeal under section 32D is made in accordance with section 32D(3) and the court makes an order under section 32D(6)(a), the date of that order, or 15 (e) where such an appeal is determined without any order being made which prevents the relevant step specified in the decision notice being taken, the date of that determination. (6) If an application is made to the court under section 33 before a decision notice has been served— 20 (a) an authorised person may not serve such a notice in respect of the animal to which the application relates until the proceedings under section 33 are finally disposed of or abandoned, and (b) if such a notice is served, it is of no effect. (7) If an application is made to the court under section 33 in accordance with 25 subsection (2), an authorised person may not take the relevant step specified in the decision notice in respect of the animal until the proceedings under section 33 are finally disposed of or abandoned. 32F Effect of decision notice on applications under section 34 (1) The following provisions of this section set out how section 34 operates where 30 a decision notice has been served specifying a relevant step mentioned in section 32A(2)(b) or (c) in respect of an animal. (2) An application to the court for an order under section 34 in respect of the animal may not be made unless and until one of the circumstances mentioned in subsection (3) occurs. 35 (3) Those circumstances are— (a) the court makes an order under section 32D(6) which— (i) prevents the relevant step specified in the decision notice being taken, and (ii) does not result in the animal being returned to its owner or its 40 ownership being transferred to another person, (b) the relevant step specified in the decision notice is not taken within 1 year beginning with the date mentioned in subsection (4), 16 Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill Chapter 2—Animal welfare: powers in relation to animals taken into possession (c) an authorised person advises the owner in writing that the relevant step specified in the decision notice will not be taken. (4) The date referred to in subsection (3)(b) is— (a) the date on which the decision notice was served, provided that— 5 (i) no application under section 33 is made in accordance with section 32E(2), and (ii) no appeal under section 32D is made in accordance with section 32D(3), (b) where an application under section 33 made in accordance with section 10 32E(2) is rejected by the court, the date it is so rejected, provided that no appeal is made, (c) where a decision mentioned at paragraph (b) is appealed, the date on which the appeal is rejected, (d) where an appeal under section 32D is made in accordance with section 15 32D(3) and the court makes an order under section 32D(6)(a), the date of that order, or (e) where such an appeal is determined without any order being made which prevents the relevant step specified in the decision notice being taken, the date of that determination. 20 (5) If an application is made to the court under section 34 before a decision notice has been served— (a) an authorised person may not serve such a notice in respect of the animal to which the application relates until the proceedings under section 34 are finally disposed of or abandoned, and 25 (b) if such a notice is served, it is of no effect. 32G Compensation notice for exercise of powers under section 32A (1) If a relevant step specified in a decision notice is taken in relation to a protected animal, an authorised person must serve a notice (in this section and in sections 32H to 32L, a “compensation notice”) specifying— 30 (a) a description of the animal, (b) which relevant step has been taken, (c) the date on which the relevant step was taken, (d) the compensation amount (if any) and how this has been calculated in accordance with section 32H, 35 (e) the effect the existence or possibility of relevant criminal proceedings may have on the payment of the compensation amount, (f) the process for payment of any compensation amount, (g) whether the authorised person is electing to defer payment of the compensation amount under section 32J(3), 40 (h) the procedure for appealing to the court in respect of the compensation amount under section 32I.