(1)Without prejudice to section 98 of the Roads (Scotland) Act 1984, where an animal strays on to any land and is not then under the control of any person, the occupier of the land may detain the animal for the purpose of preventing injury or damage by it.
(2)Part VI of the M1Civic Government (Scotland) Act 1982 (lost and abandoned property) shall apply in relation to an animal, other than a stray dog, detained under subsection (1) above as it applies in relation to any property taken possession of under section 67 of that Act subject to the omission from section 74 of the words from “or livestock” to “129 of this Act” and to any other necessary modifications; and section 4 of the M2Dogs Act 1906 shall, subject to any necessary modifications, apply to a stray dog detained under subsection (1) above as it applies to a stray dog taken possession of under that section.