Moved by
Lord Sharpe of Epsom
109R: After Clause 55, insert the following new Clause—
“Disqualification orders: appeals
(1) Nothing may be done under an order under section (Disqualification order on conviction for certain offences involving dogs) or (Seizure and disposal of dogs in connection with disqualification order) with respect to a dog unless—
(a) the period for giving notice of appeal against the order has expired,
(b) the period for giving notice of appeal against the conviction on which the order was made has expired, and
(c) if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.
(2) Where the effect of an order is suspended under subsection (1)—
(a) no requirement imposed or directions given in connection with the order have effect, but
(b) the court may give directions about how any dog to which the order applies is to be dealt with during the suspension.
(3) Directions under subsection (2)(b) may, in particular—
(a) authorise the dog to be taken into possession;
(b) authorise the dog to be cared for either on the premises where it was being kept when it was taken into possession or at some other place;
(c) appoint a person to carry out, or arrange for the carrying out of, the directions;
(d) require any person who has possession of the dog to deliver it up for the purposes of the directions;
(e) confer additional powers (including power to enter premises where the dog is being kept) for the purpose of, or in connection with, the carrying out of the directions;
(f) provide for the recovery of any expenses in relation to the removal or care of the dog which are incurred in carrying out the directions.
(4) A person who fails to comply with a requirement imposed under subsection (3)(d) commits an offence.
(5) A person guilty an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Any sum directed to be paid under subsection (3)(f) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.”
Member’s explanatory statement
This amendment makes provision in connection with appeals in relation to orders made under the new clauses in the name of Baroness Williams of Trafford to be inserted after Clause 55 and relating to disqualification orders on conviction for certain offences involving dogs and seizure and disposal of dogs in connection with disqualification orders.