Page 5339 - Week 14 - Wednesday, 29 November 2017
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15K Section 64 (3) (a)
omit everything before subparagraph (i), substitute
(a) the holding period has ended and—
15L Section 64 (3) (c)
omit everything before subparagraph (i), substitute
(c) a prosecution for the offence was started before the end of the holding period and—
15M New section 64 (4)
insert
(4) In this section:
holding period, in relation to a seized dog—see section 62 (4).
15N Section 65
substitute
65 Releasing dogs declared dangerous after seizure for offence
(1) This section applies if—
(a) a dog is seized under this Act; and
(b) after the seizure, the dog is declared to be a dangerous dog.
(2) The registrar must release the dog to a person claiming its release if, but only if, satisfied that—
(a) the person claiming its release is the dog’s keeper; and
(b) a dangerous dog licence is in force for the dog; and
(c) the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
(d) there is not an unacceptable risk to the safety of the public or another animal from the dog being released and kept in accordance with the conditions of a dangerous dog licence; and
(e) any fee payable under section 144 for the release of the dog has been paid.
17
Clause 16
Page 10, line 19—
omit clause 16, substitute
16 New section 65A
insert
65A Releasing dogs seized because of complaint
(1) This section applies if a dog is seized under section 56A (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs).
(2) The registrar must release the dog to a person claiming its release if—
(a) the registrar is reasonably satisfied of the matters mentioned in section 62 (2) (excluding paragraph (d)); and
(b) the investigation is completed.
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