Weekly Epidemiological Record, 2010, vol. 85, 03 [full issue]
In paragraph (a) of subsection (1) of section 4 (destruction and disqualification orders) of the Dangerous Dogs Act 1991 (“the 1991 Act”), after the words “committed and” there shall be inserted the words “ , subject to subsection (1A) below, ”.
After that subsection there shall be inserted the following subsection—
In subsection (2) of that section, the words “then, unless the order is one that the court is required to make” shall cease to have effect.
In subsection (3)(a) of that section, the words “, where the order was not one that the court was required to make” shall cease to have effect.
After section 4 of the 1991 Act there shall be inserted the following section—
After section 4A of the 1991 Act there shall be inserted the following section—
In section 5 of the 1991 Act (seizure, entry of premises and evidence), subsection (4) (which is superseded by this section) shall cease to have effect.
Where an order is made under section 4A(1) or 4B(3) of the 1991 Act, Part III of the Dangerous Dogs Compensation and Exemption Schemes Order 1991 (exemption scheme) shall have effect as if—
any reference to the appointed day were a reference to the end of the requisite period within the meaning of section 4A or, as the case may be, section 4B of the 1991 Act;
paragraph (a) of Article 4 and Article 6 were omitted; and
the fee payable to the Agency under Article 9 were a fee of such amount as the Secretary of State may by order prescribe.
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Act shall apply in relation to cases where proceedings have been instituted before, as well as after, the commencement of this Act.
In a case where, before the commencement of this Act— that destruction order shall cease to have effect and the case shall be remitted to the court for reconsideration.
the court has ordered the destruction of a dog in respect of which an offence under section 1, or an aggravated offence under section 3(1) or (3), of the 1991 Act has been committed, but
the dog has not been destroyed,
Where a case is so remitted, the court may make any order in respect of the dog which it would have power to make if the person in question had been convicted of the offence after the commencement of this Act.
This Act may be cited as the Dangerous Dogs (Amendment) Act 1997.
This Act does not extend to Northern Ireland.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.