Contingent destruction orders.
4A
1
Where—
a
a person is convicted of an offence under section 1 above or an aggravated offence under section 3(1)
... above;
b
the court does not order the destruction of the dog under section 4(1)(a) above; and
c
in the case of an offence under section 1 above, the dog is subject to the prohibition in section 1(3) above,
the court shall order that, unless the dog is exempted from that prohibition within the requisite period, the dog shall be destroyed.
2
Where an order is made under subsection (1) above in respect of a dog, and the dog is not exempted from the prohibition in section 1(3) above within the requisite period, the court may extend that period.
3
Subject to subsection (2) above, the requisite period for the purposes of such an order is the period of two months beginning with the date of the order.
4
Where a person is convicted of an offence under section 3(1)
... above, the court may order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed.
5
An order under subsection (4) above—
a
may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise; and
b
if it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered.
6
Subsections (2) to (4) of section 4 above shall apply in relation to an order under subsection (1) or (4) above as they apply in relation to an order under subsection (1)(a) of that section.
S. 4A inserted (8.6.1997) by 1997 c. 53, s. 2 (with s. 5(1)); S.I. 1997/1151, art. 2
Words in s. 4A(1)(a) repealed (S.) (26.2.2011) by Control of Dogs (Scotland) Act 2010 (asp 9), s. 18(2), Sch. 1 para. 2(4) (with s. 16); and words in s. 4A(1)(a) omitted (E.W.) (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 106(4)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 6
Words in s. 4A(4) repealed (S.) (26.2.2011) by Control of Dogs (Scotland) Act 2010 (asp 9), s. 18(2), Sch. 1 para. 2(4) (with s. 16); and words in s. 4A(4) omitted (E.W.) (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 106(4)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 6