F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a dog has been [F3taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990] then—
(a)if the finder desires to keep the dog, he shall inform the said police officer of [F4this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog], and thereupon the finder may remove the dog, but shall be under an obligation to keep it for not less than one month;
(b)if the finder does not desire to keep the dog, the said police officer shall treat it as if it had been seized by him in pursuance of section three of this Act.
(3)If the finder [F5removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F6level 1 on the standard scale].
[F7(4)The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2
F2S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3
F3Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3
F4Words in S. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3
F5Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3
F6Words “level 1 on the standard scale” substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F7S. 4(4) inserted (E.W.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3
F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a dog has been [F10taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990] then—
(a)if the finder desires to keep the dog, he shall inform the said police officer of [F11this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog], and thereupon the finder may remove the dog, but shall be under an obligation to keep it for not less than one month;
(b)if the finder does not desire to keep the dog, the said police officer shall treat it as if it had been seized by him in pursuance of section three of this Act.
(3)If the finder [F12removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F13level 2 on the standard scale].
[F14(4) Where a person has taken possession of a stray dog, and kept it in accordance with subsection (2)( a ) above for a period of two months without its having been claimed by the person having right to it, the person who has taken possession of it shall, at the end of that period, become the owner of the dog. ]
[F15(5)The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F8S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2
F9S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3
F10Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3
F11Words in s. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3
F12Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3
F13Words “level 2 on the standard scale” substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C(4)(5), 289G and Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(i)
F14S. 4(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(ii)
F15S. 4(5) inserted (S.) (1. 4. 1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3
Modifications etc. (not altering text)
C1S. 4 extended (S.) by Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 3(2)