Moved by
Lord Sharpe of Epsom
109PA: After Clause 55, insert the following new Clause—
“Section (Seizure and disposal of dogs in connection with disqualification order): supplementary
(1) The court by which an order under section (Seizure and disposal of dogs in connection with disqualification order) is made may—
(a) appoint a person to carry out, or arrange for the carrying out of, the order;
(b) require any person who has possession of a dog to which the order applies to deliver it up to enable the order to be carried out;
(c) give directions with respect to the carrying out of the order;
(d) confer additional powers (including power to enter premises where a dog to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;
(e) order the person who committed the offence in relation to which the order was made, or another person, to reimburse the expenses of carrying out the order.
(2) A person who fails to comply with a requirement imposed under subsection (1)(b) commits an offence.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Directions under subsection (1)(c) may—
(a) specify the manner in which a dog is to be disposed of, or
(b) delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection (1)(a).
(5) In determining how to exercise its powers under section (Seizure and disposal of dogs in connection with disqualification order) and this section the court is to have regard (amongst other things) to—
(a) the desirability of protecting the value of any dog to which the order under section (Seizure and disposal of dogs in connection with disqualification order) applies, and
(b) the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.
(6) In determining how to exercise a power delegated under subsection (4)(b), a person is to have regard, amongst other things, to the things mentioned in subsection (5)(a) and (b).
(7) If the owner of a dog ordered to be disposed of under section (Seizure and disposal of dogs in connection with disqualification order) is subject to a liability by virtue of subsection (1)(e), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.
(8) Any sum ordered to be paid under subsection (1)(e) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
(9) In this section references to disposing of a dog do not include—
(a) destroying it, or
(b) disposing of it for the purposes of vivisection.”
Member’s explanatory statement
This amendment contains supplementary provisions in relation to a court making an order under the new clause in the name of Baroness Williams of Trafford to be inserted after Clause 55 and relating to seizure and disposal of dogs in connection with disqualification orders.