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The Dangerous Dogs (Fees) (Scotland) Order 2013

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Scottish Statutory Instruments

2013 No. 178

Dogs

The Dangerous Dogs (Fees) (Scotland) Order 2013

Made

29th May 2013

Laid before the Scottish Parliament

31st May 2013

Coming into force

1st July 2013

The Scottish Ministers make the following Order in exercise of the power conferred by section 4(1)(c) of the Dangerous Dogs (Amendment) Act 1997(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) This Order may be cited as the Dangerous Dogs (Fees) (Scotland) Order 2013 and comes into force on 1st July 2013.

(2) This Order extends to Scotland only.

Revocation

2.  The Dangerous Dogs (Fees) Order 1997(2) is revoked.

Prescribed fee

3.  The fee prescribed for the purpose of section 4(1)(c) of the Dangerous Dogs (Amendment) Act 1997 is £77.00 plus value added tax.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th May 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order relates to dogs bred for fighting that are subject to the prohibition against possession provided for in section 1(3) of the Dangerous Dogs Act 1991 (“the 1991 Act”).

Under sections 4A(1) and 4B(3) of the 1991 Act a court may order the destruction of such a dog unless it is exempted from the prohibition within a prescribed period. The exemption scheme provided for in Part III of the Dangerous Dogs Compensation and Exemption Schemes Order 1991 (S.I. 1991/1744) is given continued effect for the purpose of such orders by section 4 of the Dangerous Dogs (Amendment) Act 1997, subject to certain variations, including the substitution of a fee of such amount as may be prescribed by order.

This order has the effect of increasing the fee payable on an application for exemption to £77 + VAT.

(1)

1997 c.53; the function of the Secretary of State specified in section 4(1)(c), so far as exercisable within devolved competence, was transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

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