- Latest available (Revised)
- Point in Time (01/08/2002)
- Original (As enacted)
Version Superseded: 22/09/2015
Point in time view as at 01/08/2002. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Protection of Wild Mammals (Scotland) Act 2002, Section 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The court convicting a person of an offence under section 1 may, in addition to dealing with the offender in any other way, make either or both of the following orders (“disqualification orders”)—
(a)an order for the care or disposal of a dog which was in the offender’s custody when the offence was committed or which has been in the offender’s custody at any time since then;
(b)an order disqualifying the offender, for such period as it thinks fit, from having custody of any dog.
(2)Where the court makes an order under subsection (1)(a) above, it may—
(a)require any person who has custody of the dog to deliver it up to a specified person;
(b)require the offender to pay specified amounts to specified persons for the care of the dog from the time it is delivered up (or detained under section 7(1)(d)) until permanent arrangements are made for its care or disposal.
(3)A disqualification order shall not deprive a dog’s owner of custody of that dog where that dog was used by another person in the commission of an offence under section 1, unless the owner knowingly permitted the use of that dog contrary to that section.
(4)A person who—
(a)has custody of a dog in contravention of a disqualification order; or
(b)fails to comply with a requirement imposed on that person under subsection (2),
commits an offence.
(5)A dog shall not be disposed of pursuant to an order under subsection (1)(a) above—
(a)until the end of the period within which notice of appeal to the court against the order can be given; and
(b)if notice of appeal is given in that period, until the appeal is determined or withdrawn,
unless the owner of the dog gives notice to the court which made the order of the owner’s intention not to appeal against it.
(6)A person against whom an order under subsection (1)(b) above has been made may, no earlier than one year after the date of the order, apply to the court which made the order for a direction ending the disqualification from such date as the court thinks appropriate; and if the application is refused, no further application in relation to that order may be made earlier than one year after the date of the refusal.
(7)In considering an application under subsection (6), the court must take account of all the circumstances including the applicant’s character and the applicant’s conduct since the order was made.
(8)If a disqualification order imposes a requirement in relation to a dog not owned by the offender, the owner may appeal to the High Court against that requirement.
(9)An appeal under subsection (8) is competent only if lodged within 7 days of the date of the order (or such longer period as the High Court thinks just, taking particular account of the date on which the order came to the owner’s attention).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: