Civic Government (Scotland) Act 1982

128 Control of stray dogs

(1) For the purpose of conferring upon the proper officer of a district or islands council the same powers as those conferred upon a police officer by section 3 of the [1906 c. 32.] Dogs Act 1906 (seizure of stray dogs)—

(a) the said section 3 shall be amended as follows—

(i) in subsection (1) after the word " officer " there shall be inserted the words " or the proper officer of a district or islands council ";

(ii) in subsections (2) and (4) after the word " behalf," there shall be inserted the words " or the proper officer of the district or islands council ";

(iii) in subsection (6) after the word " area " where it first occurs there shall be inserted the words " and the district or islands council ",

and for the words " " in that area " there shall be substituted the words " in the police area or, as the case may be, the area of the district or islands council "; and

(iv) for the words from the beginning of subsection (7) to the word " section " there shall be substituted the words " A dog seized under this section shall not be disposed of "; and

(b) at the end of section 4(1) of the said Act of 1906 there shall be inserted the words " but this subsection shall not apply where the finder is the proper officer of a district or islands council ".

(2) For the purpose of extending the powers under section 3 of the Dogs Act 1906 of seizure and detention of stray dogs to those found on land or premises other than highways or places of public resort, the said section 3 shall be amended as follows—

(a) in subsection (1), after the word " resort", there shall be inserted the words " or on any other land or premises ";

(b) after the said subsection (1) there shall be inserted the following subsection—

“(1A) The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than a highway or place of public resort unless the owner of the land or premises or person having the right of possession thereof has consented to such exercise.”.

(3) Any enactment in any local Act which amends section 3 of the said Act of 1906 or confers powers on a district or islands council in relation to the said section 3 as it applies to the area of the council shall cease to have effect.