34.Subsections (6) and (7) of new section 2A specify how the rules on the detention of dogs (under section 3 of the Dogs Act 1906) apply in the case of dogs seized from premises under subsection (4) of section 2A. Where the dog is detained under subsection (4)(b), for the purpose of ascertaining who its owner is, it is treated on the same basis as a dog seized from land and detained for a similar purpose under section 2(2). Where the dog is detained under subsection (4)(c), for the purpose of gathering evidence, it is treated on the same basis as a dog seized from land and detained for a similar purpose under section 2(2A). In particular, this means that the owner may be required to repay the cost of detaining the dog if it is detained for the purpose of ascertaining who its owner is, but not if it is detained for evidence-gathering.
Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021
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- Acts of the Scottish Parliament
- 2021 asp 18
- Explanatory Notes
- Commentary on Sections
- Section 4
- 34 Subsections (6) and (7) of new section 2A specify how the rules on the detention of dogs (under section 3 of the Dogs Act 1906) apply in the case of dogs seized from premises under subsection (4) of section 2A. Where the dog is detained under subsection (4)(b), for the purpose of ascertaining who its owner is, it is treated on the same basis as a dog seized from land and detained for a similar purpose under section 2(2). Where the dog is detained under subsection (4)(c), for the purpose of gathering evidence, it is treated on the same basis as a dog seized from land and detained for a similar purpose under section 2(2A). In particular, this means that the owner may be required to repay the cost of detaining the dog if it is detained for the purpose of ascertaining who its owner is, but not if it is detained for evidence-gathering.
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