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- Point in Time (01/02/1991)
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Version Superseded: 27/03/2007
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(1)[F1Where a person has been convicted under the Protection of Animals Act 1911 or the Protection of Animals (Scotland) Act 1912 of an offence of cruelty to any animal the court by which he is convicted may], if it thinks fit, in addition to or in substitution for any other punishment, order him to be disqualified, for such period as it thinks fit, for having custody of any animal or any animal of a kind specified in the order.
(2)A court which has ordered the disqualification of a person in pursuance of this section may, if it thinks fit, suspend the operation of the order—
(a)for such period as the court thinks necessary for enabling arrangements to be made for the custody of any animal or animals to which the disqualification relates; or
(b)pending an appeal.
(3)A person who is disqualified by virtue of an order under this section may, at any time after the expiration of twelve months from the date of the order, and from time to time apply to the court by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the applicant and his conduct subsequent to the order, the nature of the offence of which he was convicted, and any other circumstances of the case, either—
(a)direct that, as from such date as may be specified in the direction, the disqualification be removed or the order be so varied as to apply only to animals of a kind specified in the direction; or
(b)refuse the application:
Provided that where on an application under this section the court directs the variation of the order or refuses the application, a further application thereunder shall not be entertained if made within twelve months after the date of the direction or, as the case may be, the refusal.
Textual Amendments
F1Words substituted by Protection of Animals (Amendment) Act 1988 (c. 29, SIF 4:5), s. 1(1)(2)
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