DOG AND CAT MANAGEMENT ACT 1995 - SECT 52

DOG AND CAT MANAGEMENT ACT 1995 - SECT 52

52—Procedure for making and revoking orders

        (a1)         A council or the Board may make an order under this Division on its own initiative or on an application made in a manner and form determined by the council or the Board (as the case requires).

        (1)         Before making an order under this Division in relation to a dog, the council or the Board (as the case requires) must take reasonable steps—

            (a)         to ascertain all persons who own or are responsible for the control of the dog; and

            (b)         to give each of the persons so ascertained at least 7 days written notice—

                  (i)         identifying the dog in relation to which it is proposed that the order be made; and

                  (ii)         setting out the terms of the proposed order; and

                  (iii)         inviting the owner or other person to make submissions to the council or the Board in respect of the matter within 7 days or such longer period as is allowed by the council or the Board (as the case requires).

        (2)         An order made by a council—

            (a)         must be made in the manner and form required by the Board; and

            (b)         must be noted in the register kept by the council under this Act; and

            (c)         takes effect when the council first gives a copy of the order to a person who owns or is responsible for the control of the dog.

        (3)         The council or the Board (as the case requires) must take reasonable steps to give a copy of the order to each person who owns or is responsible for the control of the dog.

        (4)         An order made by a council may be revoked by the council by written notice to a person who owns or is responsible for the control of the dog.

        (5)         A note of the revocation must be entered in the register kept by the council under this Act.

        (6)         An order made by the Board—

            (a)         takes effect when the Board first gives a copy of the order to a person who owns or is responsible for the control of the dog; and

            (b)         may be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and

            (c)         must, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept.