Companion Animals Act 1998 No 87
Current version for 5 December 2019 to date (accessed 2 June 2020 at 06:01)
Part 5 Division 7
Division 7 Other provisions relating to dangerous, menacing and restricted dogs
58G   Power to seize and destroy dangerous, menacing or restricted dog in certain circumstances
(1) Seizing dangerous, menacing or restricted dog that attacks An authorised officer may seize a dangerous, menacing or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.
(1A) Seizing dangerous dog if certain control requirements not complied with An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog.
(1B) Seizing menacing dog if certain control requirements not complied with An authorised officer may seize a menacing dog if the requirements referred to in section 51 (1A) (b) or (c) are not complied with in relation to the dog on at least 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement).
Note.
 See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.
(2)  If a dog is seized under this section—
(a)  the dog is to be delivered as soon as possible to a council pound, and
(b)  an authorised officer of a council may authorise the destruction of the dog.
(3)  However, if the dog has been seized under subsection (1A), the authorised officer may authorise the destruction of the dog only if the officer is satisfied that it is reasonable to do so after appropriate enquiries have been made into the circumstances that resulted in the dog being seized.
(4)  Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under this section.
(5)  This section does not limit the power of an authorised officer to seize a dangerous, menacing or restricted dog under any other provision of this Act.
58H   Certificate of compliance required for dangerous and restricted dog enclosures
(1)  A person must not own a dangerous dog or restricted dog unless a certificate of compliance under this section is in force in relation to the enclosure in which the dog is required to be kept under section 51 (1) (c) or 56 (1) (a1) (as the case requires).
Maximum penalty—100 penalty units.
(2)  An authorised officer of a council may issue a certificate of compliance in relation to the enclosure in which a dangerous or restricted dog is required to be kept if—
(a)  the officer is satisfied that the enclosure complies with the relevant requirements imposed under section 51 (1) (c) or 56 (1) (a1), and
(b)  the fee prescribed by the regulations (or such fee as does not exceed the prescribed fee) in connection with issuing the certificate is paid to the council.
(3)  A certificate of compliance in relation to a dog enclosure may be revoked at any time by an authorised officer of a council if the officer is satisfied that the enclosure does not comply with the relevant requirements.
(4)  A person does not commit an offence under this section—
(a)  in the case of a dog that is a dangerous dog or restricted dog as at the date on which this section commences—until after the period of 28 days following that commencement, or
(b)  in any other case—until after section 51 (1) (c) or 56 (1) (a1) is required to be complied with.
58I   Miscellaneous provisions relating to declarations
(1)  A declaration that a dog is a dangerous dog is taken to revoke any declaration that the dog is a menacing dog.
(2)  A declaration that a dog is a menacing dog is taken to revoke any declaration that the dog is a dangerous dog.
(3)  A declaration that a dog is a dangerous or menacing dog does not prevent the issuing of an order under section 32A (Nuisance dogs) in relation to the dog.