PART 2Prevention, investigation and prosecution of crime

CHAPTER 4Other provisions

Offences relating to hares etc

I2I169Section 67: supplementary

1

The court by which an order under section 67 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 67 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 67 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 67 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.