STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

was formally established. The Act regularises the transfer of funds which the
Association had held on behalf of the British Red Cross to the Scottish Branch
when it was in a position to receive them.
All interested parties were consulted about the repeals and had no objection.
71 Group 2 - Dog Wardens
72 City of Aberdeen District Council Order Confirmation Act 1976
73 Cunninghame District Council Order Confirmation Act 1978
74 District Council of Renfrew Order Confirmation Act 1978
75 Inverclyde District Council Order Confirmation Act 1979
76 Dumbarton District Council Order Confirmation Act 1979
77 Bearsden and Milngavie District Council Order Confirmation Act 1981
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7.1 These six Acts are proposed for repeal because their substantive provisions
were superseded by Public General statutory provisions enacted in 1982 to
regulate the appointment and powers of Local Authority dog wardens. These
Local Acts were indeed repealed at the time of enactment of the Public General
statutory provisions mentioned, but only in general terms. There were originally
nineteen Scottish Local Acts enacted between 1976 and 1981 which dealt with
the appointment and powers of dog wardens. Thirteen of those Acts were
repealed by the Statute Law (Repeals) Act 1995 4 . This Report recommends the
repeal of the remaining six which were mentioned in paragraph 3.15 of the
Fifteenth Report on Statute Law Revision 5 as future candidates for repeal.
7.2 Section 3 of the Dogs Act 1906 6 (“the 1906 Act”) empowers a policeman to seize
a stray dog in a public place and to arrange for its possible destruction if it is not
claimed within eight days of seizure. Scottish District Councils were anxious to
employ dog wardens with similar powers, but as there was no Public General
legislation forthcoming to confer these powers, various District Councils from
time to time made Provisional Orders expressly to extend the scope of section 3
of the 1906 Act - but only for application within the area of the particular Council.
These Provisional Orders were duly confirmed by Acts of Parliament.
7.3 Subsequently section 128 of the Civic Government (Scotland) Act 1982 7
amended section 3 of the 1906 Act and applied its terms on a Scotland-wide
basis, to the same effect as had been achieved by the Provisional Orders
mentioned, and repealed, in general terms, those local provisions which had
extended section 3 (or conferred upon a District Council powers equivalent to
those in section 3) of the 1906 Act. Section 128 was brought into force on 1 April
1983.
4 1995 c.44 Schedule 1, Part III, Group 2.
5 Law Com No 233, Scot Law Com No 150.
6 6 Edw. 7 c.32.
7 1982 c.45.
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