Environmental Protection Act 1990 (c. 43)

Part VIII U.K. Miscellaneous

Control of Dogs E+W+S

150 Delivery of stray dogs to F1 . . . local authority officer. E+W

(1) Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either—

(a) return the dog to its owner; or

(b) take the dog—

(i) to the officer of the local authority for the area in which the dog was found; F2 . . .

(ii) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and shall inform the officer of the local authority F3 . . . where the dog was found.

(2) Where a dog has been taken under subsection (1) above to the officer of a local authority, then—

(a) if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog;

(b) if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above.

(3) Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month.

(4) In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog.

(5) If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above.

(7) In this section “local authority” and “officer” have the same meaning as in section 149 above.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 150 heading repealed (E.W.) (6.4.2008) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 68(4), 107, 108, Sch. 5 Pt. 6; S.I. 2008/956, art. 2(b)

F2 S. 150(1)(b)(ii) and word repealed (E.W.) (6.4.2008) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 68(3)(a), 107, 108, Sch. 5 Pt. 6; S.I. 2008/956, art. 2(b)

F3 Words in s. 150(1) repealed (E.W.) (6.4.2008) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 68(3)(b), 107, 108, Sch. 5 Pt. 6; S.I. 2008/956, art. 2(b)

Commencement Information

I1 S. 150 wholly in force; s. 150 not in force at Royal Assent see s. 164(3); s. 150 in force for certain purposes at 14.2.1992 see s. 164(3) and S.I. 1992/266, art. 2; s. 150 in force in so far as not then already in force at 1.4.1992 see s. 164(3) and S.I. 1992/266, art. 3.

150 Delivery of stray dogs to police or local authority officer. S

(1) Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either—

(a) return the dog to its owner; or

(b) take the dog—

(i) to the officer of the local authority for the area in which the dog was found; or

(ii) to the police station which is nearest to the place where the dog was found;

and shall inform the officer of the local authority or the police officer in charge of the police station, as the case may be, where the dog was found.

(2) Where a dog has been taken under subsection (1) above to the officer of a local authority, then—

(a) if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog;

(b) if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above.

(3) Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month.

(4) In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog.

(5) If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above.

(7) In this section “local authority” and “officer” have the same meaning as in section 149 above.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Commencement Information

I2 S. 150 wholly in force; s. 150 not in force at Royal Assent see s. 164(3); s. 150 in force for certain purposes at 14.2.1992 see s. 164(3) and S.I. 1992/266, art. 2; s. 150 in force in so far as not then already in force at 1.4.1992 see s. 164(3) and S.I. 1992/266, art. 3.