(1) A local authority may determine conditions to which licences granted by them under this Part are to be subject.
(2) Conditions determined under subsection (1) are referred to in this Part as “standard conditions”.
(3) Different conditions may be determined under subsection (1)—
(a) in respect of different licences or different types of licence,
(b) otherwise for different purposes, circumstances or cases.
(4) A local authority must publish, in such manner as they think appropriate, any standard conditions determined by them.
(5) Standard conditions have no effect—
(a) unless they are published, and
(b) so far as they are inconsistent with any mandatory conditions.
(6) Subsection (1) is subject to paragraph 9(1A) of Schedule 2.
(1) Each local authority must appoint for their area one or more officers (a “civic licensing standards officer”)—
(a) to exercise, in relation to the authority's area, the general functions conferred on civic licensing standards officers by virtue of section 45H, and
(b) to exercise any other functions that may be conferred on such an officer by virtue of this or any other enactment.
(2) A civic licensing standards officer appointed by a local authority is taken to be an authorised officer of the authority for the purposes of Parts 1 to 3.
(3) A person may hold more than one appointment under subsection (1) (so as to be a civic licensing standards officer for more than one local authority area).
(4) Nothing in this section prevents an officer of a local authority other than a civic licensing standards officer from being an authorised officer of the authority for a purpose of Parts 1 to 3.
(5) In this Part, a reference to a local authority includes a reference to that authority acting as the licensing authority for their area and a reference to an authorised officer of a local authority (however expressed) is to be construed accordingly.
45H General functions of a civic licensing standards officer
(1) The general functions of a civic licensing standards officer are—
(a) to provide to any interested person information and guidance concerning the operation of Parts 1 to 3 in the officer's area,
(b) to supervise the compliance by the holder of a licence granted under Parts 1 to 3 in the officer's area with—
(i) the conditions of the licence, and
(ii) the other requirements of Parts 1 to 3,
(c) to provide mediation services for the purposes of avoiding or resolving disputes or disagreements between—
(i) the holder of a licence granted under Parts 1 to 3 in the officer's area, and
(ii) any other person,
concerning any matter relating to compliance with the conditions of the licence or the other requirements of Parts 1 to 3.
(2) The function under subsection (1)(b) includes, in particular, power for a civic licensing standards officer, where the officer believes that a condition to which the licence is subject has been or is being breached—
(a) to give a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and
(b) to refer the breach to the local authority which granted the licence for consideration at a meeting of the authority.
(3) A civic licensing standards officer may only refer a breach of a condition under subsection (2)(b) if—
(a) the officer has given notice under subsection (2)(a) and the holder of the licence has failed to comply with it, or
(b) the officer considers that it is appropriate for the breach to be referred to the authority without such a notice being given.
(4) In this section, a reference to an officer's area is a reference to—
(a) the local authority area for which the officer is appointed under section 45G(1), or
(b) where the officer is appointed for more than one local authority area, the area for which the officer is exercising a function at the relevant time.
(1) A prostitute (whether male or female) who for the purposes of prostitution—
(a) loiters in a public place;
(b) solicits in a public place or in any other place so as to be seen from a public place; or
(c) importunes any person who is in a public place,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(2) In subsection (1) above, “public place” has the same meaning as in section 133 of this Act but includes—
(a) any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and
(b) any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.
Any person who urinates or defecates in such circumstances as to cause, or to be likely to cause, annoyance to any other person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(1) Any person who suffers or permits any creature in his charge to cause danger or injury to any other person who is in a public place or to give such person reasonable cause for alarm or annoyance shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(2) A district court may, if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an order requiring the person keeping the creature to take, within such period as may be specified in the order, such steps (short of destruction of the creature) to prevent the continuance of the annoyance as may be so specified.
(3) An application to a district court for an order under subsection (2) above may be made by any person.
(4) Any person who fails to comply with an order under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5) The fact that there is a licence under the Dangerous Wild Animals Act 1976 in respect of a creature shall not of itself afford a defence in proceedings under this section relating to that creature.
(6) Where a court convicts a person of an offence under this section or discharges him absolutely ..., it may, whether or not (in the case of conviction) it imposes a penalty under subsection (1) or (4) above—
(a) subject to subsection (8) below, make such order as it sees fit as to the disposal of the creature to which the proceedings relate;
(b) authorise a constable, in pursuance of such an order, to take possession of the creature.
(7) An order under subsection (6) above may, subject to any enactment relating to the protection or conservation of living things, be for the destruction of the creature to which it relates.
(8) No creature disposed of under an order under subsection (6) above shall be given or sold for the purposes of vivisection.
(1) Any person who, while not in the care or protection of a suitable person, is, in a public place, drunk and incapable of taking care of himself shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(2) Any person who is drunk in a public place while in charge of a child under the age of 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(3) For the purposes of subsection (2) above, if a child appears to the court to be under the age of 10, the child shall be deemed to be under that age unless the contrary is proved.
(4) A constable may arrest a person for contravening subsection (2) above if he has reasonable cause to believe that the child in the charge of that person is under the age of 10.
(5) Any person who is drunk in a public place while in possession of a firearm (including a crossbow, airgun, air rifle or air pistol) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(6) In this section, “public place” has the same meaning as in section 133 of this Act but includes—
(a) any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and
(b) any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.
(1) Subject to subsection (4) below, any person who displays any obscene material in any public place or in any other place where it can be seen by the public shall be guilty of an offence under this section.
(2) Subject to subsection (4) below, any person who publishes, sells or distributes or, with a view to its eventual sale or distribution, makes, prints, has or keeps any obscene material shall be guilty of an offence under this section.
(2A) Subject to subsection (4) below, any person who—
(a) is responsible for the inclusion of any obscene material in a programme included in a programme service; or
(b) with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,
shall be guilty of an offence under this section.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment—
(i) in a case where the obscene material is or includes an extreme pornographic image, to imprisonment for a period not exceeding 5 years or to a fine or to both, or
(ii) in any other case, to imprisonment for a period not exceeding 3 years or to a fine or to both.
(4) A person shall not be convicted of an offence under this section if he proves that he had used all due diligence to avoid committing the offence.
(5) Under an indictment for or on a complaint of a breach of subsection (1) above, the court may, if satisfied that the person accused is guilty of an offence under section 1(1) of the Indecent Displays (Control) Act 1981 (offence of public display of indecent matter), convict him of a breach of the said section 1(1).
(6) Nothing in this section applies in relation to any matter—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) included in a performance of a play (within the meaning of the Theatres Act 1968).
(7) For section 5(4)(b) of the Indecent Displays (Control) Act 1981 (saving) there shall be substituted the following—
(b) section 51 of the Civic Government (Scotland) Act 1982.
(8) In this section—
“extreme pornographic image” is to be construed in accordance with section 51A;
“material” includes any book, magazine, bill, paper, print, film, tape, disc or other kind of recording (whether of sound or visual images or both), photograph, drawing, painting, representation, model or figure . . . ;
“photograph” includes the negative as well as the positive version;
“public place” has the same meaning as in section 133 of this Act except that it includes any place to which at the material time the public are permitted to have access, whether on payment or otherwise;
...
“programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;
and the reference to publishing includes a reference to . . . playing, projecting or otherwise reproducing , or, where the material is data stored electronically, transmitting that data.
(1) A person who is in possession of an extreme pornographic image is guilty of an offence under this section.
(2) An extreme pornographic image is an image which is all of the following—
(a) obscene,
(b) pornographic,
(c) extreme.
(3) An image is pornographic if it is of such a nature that it must reasonably be assumed to have been made solely or principally for the purpose of sexual arousal.
(4) Where (as found in the person's possession) an image forms part of a series of images, the question of whether the image is pornographic is to be determined by reference to—
(a) the image itself, and
(b) where the series of images is such as to be capable of providing a context for the image, its context within the series of images,
and reference may also be had to any sounds accompanying the image or the series of images.
(5) So, for example, where—
(a) an image forms an integral part of a narrative constituted by a series of images, and
(b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been made solely or principally for the purpose of sexual arousal,
the image may, by virtue of being part of that narrative, be found not to be pornographic (even if it may have been found to be pornographic where taken by itself).
(6) An image is extreme if it depicts, in an explicit and realistic way any of the following—
(a) an act which takes or threatens a person's life,
(b) an act which results, or is likely to result, in a person's severe injury,
(c) rape or other non-consensual penetrative sexual activity,
(d) sexual activity involving (directly or indirectly) a human corpse,
(e) an act which involves sexual activity between a person and an animal (or the carcase of an animal).
(7) In determining whether (as found in the person's possession) an image depicts an act mentioned in subsection (6), reference may be had to—
(a) how the image is or was described (whether the description is part of the image itself or otherwise),
(b) any sounds accompanying the image,
(c) where the image forms an integral part of a narrative constituted by a series of images—
(i) any sounds accompanying the series of images,
(ii) the context provided by that narrative.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum or to both,
(b) on conviction on indictment, to imprisonment for a period not exceeding 3 years or to a fine or to both.
(9) In this section, an “image” is—
(a) a moving or still image (made by any means), or
(b) data (stored by any means) which is capable of conversion into such an image.
(1) An offence is not committed under section 51A if the image is an excluded image.
(2) An “excluded image” is an image which is all or part of a classified work.
(3) An image is not an excluded image where—
(a) it has been extracted from a classified work, and
(b) it must be reasonably be assumed to have been extracted (whether with or without other images) from the work solely or principally for the purpose of sexual arousal.
(4) In determining whether (as found in the person's possession) the image was extracted from the work for the purpose mentioned in subsection (3)(b), reference may be had to—
(a) how the image was stored,
(b) how the image is or was described (whether the description is part of the image itself or otherwise),
(c) any sounds accompanying the image,
(d) where the image forms an integral part of a narrative constituted by a series of images—
(i) any sounds accompanying the series of images,
(ii) the context provided by that narrative.
(5) In this section—
“classified work” means a video work in respect of which a classification certificate has been issued by a designated authority,
“classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c.39),
“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act,
“extract” includes an extract of a single image,
“image” is to be construed in accordance with section 51A.
(1) Where a person (“A”) is charged with an offence under section 51A, it is a defence for A to prove one or more of the matters mentioned in subsection (2).
(2) The matters are—
(a) that A had a legitimate reason for being in possession of the image concerned,
(b) that A had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image,
(c) that A—
(i) was sent the image concerned without any prior request having been made by or on behalf of A, and
(ii) did not keep it for an unreasonable time.
(3) Where A is charged with an offence under section 51A, it is a defence for A to prove that—
(a) A directly participated in the act depicted, and
(b) subsection (4) applies.
(4) This subsection applies—
(a) in the case of an image which depicts an act described in subsection (6)(a) of that section, if the act depicted did not actually take or threaten a person's life,
(b) in the case of an image which depicts an act described in subsection (6)(b) of that section, if the act depicted did not actually result in (nor was it actually likely to result in) a person's severe injury,
(c) in the case of an image which depicts an act described in subsection (6)(c) of that section, if the act depicted did not actually involve non-consensual activity,
(d) in the case of an image which depicts an act described in subsection (6)(d) of that section, if what is depicted as a human corpse was not in fact a corpse,
(e) in the case of an image which depicts an act described in subsection (6)(e) of that section, if what is depicted as an animal (or the carcase of an animal) was not in fact an animal (or a carcase).
(5) The defence under subsection (3) is not available if A shows, gives or offers for sale the image to any person who was not also a direct participant in the act depicted.
(6) In this section “image” and “extreme pornographic image” are to be construed in accordance with section 51A.
(1) Any person who—
(a) takes, or permits to be taken or makes, any indecent photograph or pseudo-photograph of a child
(b) distributes or shows such an indecent photograph or pseudo-photograph;
(c) has in his possession such an indecent photograph or pseudo-photographwith a view to its being distributed or shown by himself or others: or
(d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph or pseudo-photograph, or intends to do so
shall be guilty of an offence under this section.
(2) In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 18; and in proceedings under this section a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of 18.
(2A) In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
(2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
(2C) In this section, references to an indecent pseudo-photograph include—
(a) a copy of an indecent pseudo-photograph;
(b) data stored on a computer disc or by other electronic means which is capable of conversion into an indecent pseudo-photograph .
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (at the passing of this Act £1,000) or to both;
(b) on conviction on indictment, to imprisonment for a period not exceeding 10 years or to a fine or to both.
(4) For the purposes of this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
(4A) Where a person is charged with an offence under subsection (1)(a) of making an indecent photograph or pseudo-photograph of a child, it shall be a defence for the person to prove that—
(a) at the time of the offence charged, the person was a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and
(b) the person made the photograph or pseudo-photograph for the purposes of OFCOM’s exercise of any of those functions.
(5) Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—
(a) that he had a legitimate reason for distributing or showing the photograph or pseudo-photograph or (as the case may be) having it in his possession; or
(b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent.
(6) In paragraph 2 of the Schedule to the Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) the word “ and” immediately preceding sub-paragraph (b)(iii) shall be omitted and after the said sub-paragraph (b)(iii) there shall be added—
(iv) section 52(1)(a) of the Civic Government (Scotland) Act 1982.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section—
(a) references to an indecent photograph include an indecent film, a copy of an indecent photograph or film and an indecent photograph comprised in a film;
(b) a photograph (including one comprised in a film) shall, if it shows a child and is indecent, be treated for all purposes of this section as an indecent photograph of a child;
(c) references to a photograph include—
(i) the negative as well as the positive version; and
(ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.
(d) “film” includes any form of video-recording.
(e) “OFCOM” means the Office of Communications.
(9) In this section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature), which is not itself a photograph or pseudo-photograph but which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both).
(10) And subsection (2B) applies in relation to such an image as it applies in relation to a pseudo-photograph.
52A Possession of indecent photographs of children.
(1) It is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession.
(2) Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a) that he had a legitimate reason for having the photograph or pseudo-photograph in his possession; or
(b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or
(c) that the photograph or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3) A person shall be liable
(a) on summary conviction of an offence under this section to imprisonment for a period not exceeding 6 months or toa fine not exceeding level 5 on the standard scale “or to both.”.
(b) on conviction on indictment of such an offence to imprisonment for a period not exceeding 5 years or to a fine or to both.
(4) Subsections (2) to (2C) and (8) to (10) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.
52B Sections 52 and 52A: exceptions for photographs of 16 and 17 year olds
(1) If subsection (2) below applies, the accused is not guilty of an offence under section 52(1)(a) of this Act of taking or making an indecent photograph of a child.
(2) This subsection applies if—
(a) either—
(i) the photograph was of the child aged 16 or over; or
(ii) the accused reasonably believed that to be so;
(b) at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
(i) married to or civil partners of each other; or
(ii) partners in an established relationship; and
(c) either—
(i) the child consented to the photograph being taken or made; or
(ii) the accused reasonably believed that to be so.
(3) If subsection (4) below applies, the accused is not guilty of an offence under section 52(1)(b) of this Act relating to an indecent photograph of a child.
(4) This subsection applies if—
(a) either—
(i) the photograph was of the child aged 16 or over; or
(ii) the accused reasonably believed that to be so;
(b) at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
(i) married to or civil partners of each other; or
(ii) partners in an established relationship;
(c) either—
(i) the child consented to the photograph's being taken or made; or
(ii) the accused reasonably believed that to be so; and
(d) the showing or distributing of the photograph was only to the child.
(5) If subsection (6) below applies, the accused is not guilty of an offence under section 52(1)(c) of this Act relating to an indecent photograph of a child.
(6) This subsection applies if—
(a) either—
(i) the photograph was of the child aged 16 or over; or
(ii) the accused reasonably believed that to be so;
(b) at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
(i) married to or civil partners of each other; or
(ii) partners in an established relationship;
(c) either—
(i) the child consented to the photograph's being in the accused's possession; or
(ii) the accused reasonably believed that to be so; and
(d) the accused had the photograph in his possession with a view to its being distributed or shown only to the child.
(7) If subsection (8) below applies, the accused is not guilty of an offence under section 52A of this Act relating to an indecent photograph of a child.
(8) This subsection applies if—
(a) either—
(i) the photograph was of the child aged 16 or over; or
(ii) the accused reasonably believed that to be so;
(b) at the time of the offence charged or at the time when the accused obtained the photograph, the accused and the child were—
(i) married to or civil partners of each other; or
(ii) partners in an established relationship; and
(c) either—
(i) the child consented to the photograph's being in the accused's possession; or
(ii) the accused reasonably believed that to be so.
(9) Subsections (2), (4), (6) and (8) above apply whether the photograph showed the child alone or with the accused, but not if it showed any other person.
(1) This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.
(2) If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.
(3) This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.
(4) Otherwise, the matter shall be held not to be the case.
Any person who, being on foot in any public place—
(a) obstructs, along with another or others, the lawful passage of any other person and fails to desist on being required to do so by a constable in uniform, or
(b) wilfully obstructs the lawful passage of any other person
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
54 Playing instruments, singing, playing radios, etc.
(1) Any person who—
(a) sounds or plays any musical instrument;
(b) sings or performs; or
(c) operates any radio or television receiver, record player, tape-recorder or other sound producing device
so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.
(2) This section is without prejudice to any offence under section 62 of the Control of Pollution Act 1974 (operation of loudspeakers in streets).
(2A) Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.
(2B) A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.
(2C) Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.
(3) Subsection (1) above shall not apply to the operation of a loudspeaker—
(a) for police, fire-fighting or ambulance purposes, by Scottish Water in the exercise of any of its functions, or by a local authority within its area;
(b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c) if the loudspeaker forms part of a public telephone system;
(d) if the loudspeaker—
(i) is in or fixed to a vehicle, and
(ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e) otherwise than on a road, by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f) by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g) in case of emergency.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In subsection (3)(a), the reference to fire-fighting purposes is a reference to—
(a) the purposes of the Scottish Fire and Rescue Service ; or
(b) fire-fighting functions of any other employer of fire-fighters.
(1) Any person who—
(a) in a public place—
(i) touts for the purpose of selling or advertising anything or otherwise obtaining custom so as to give any other person reasonable cause for annoyance; or
(ii) importunes any other person for that purpose so as to give that, or any other, person reasonable cause for annoyance; and
(b) fails to desist when required to do so by a constable in uniform,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
Any person who lays or lights a fire in a public place so as to endanger any other person or give him reasonable cause for alarm or annoyance or so as to endanger any property shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
57 Being in or on building etc. with intent to commit theft.
(1) Any person who, without lawful authority to be there, is found in or on a building or other premises, whether enclosed or not, or in its curtilage or in a vehicle or vessel so that, in all the circumstances, it may reasonably be inferred that he intended to commit theft there shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.
(2) In this section “theft” includes any aggravation of theft including robbery.
(1) Any person who, being a person to whom this section applies—
(a) has or has recently had in his possession any tool or other object from the possession of which it may reasonably be inferred that he intended to commit theft or has committed theft; and
(b) is unable to demonstrate satisfactorily that his possession of such tool or other object is or was not for the purposes of committing theft
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.
(2) For the purposes of subsection (1) above, a person shall have recently had possession of a tool or other object if he had possession of it within 14 days before the date of—
(a) his arrest without warrant for the offence of having so possessed it in contravention of subsection (1) above; or
(b) the issue of a warrant for his arrest for that offence; or
(c) if earlier, the service upon him of the first complaint alleging that he has committed that offence.
(3) Where a court convicts a person of an offence under this section or discharges him absolutely ... in respect of such an offence it may order the forfeiture of any tool or other object in respect of the possession of which he was convicted or , as the case may be, discharged absolutely..
(4) This section applies to a person who has two or more convictions for theft which are not, for the purposes of the Rehabilitation of Offenders Act 1974, spent convictions.
(4A) In subsection (4), the reference to a conviction for theft includes—
(a) a reference to a conviction by a court in England and Wales or Northern Ireland, and
(b) if the court considers appropriate, a reference to a conviction by a court in a member State of the European Union
of an offence that is equivalent to theft.
(4B) Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.
(5) In this section “theft” includes any aggravation of theft including robbery.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The owner, tenant or occupier of any property in, upon, or in respect of, which an offence to which this section applies is being committed or any person authorised by him may apprehend any person whom the owner or, as the case may be, the tenant, occupier or authorised person finds committing that offence and detain the apprehended person until the arrival of a constable.
In this subsection “property” means heritable or moveable property.
(4) This section applies to offences under sections 50, 57 and 58 of this Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsection (2) and (3) below, if a constable has reasonable grounds to suspect that a person is in possession of any stolen property, the constable may without warrant—
(a) search that person or anything in his possession, and detain him for as long as is necessary for the purpose of that search;
(b) enter and search any vehicle or vessel in which the constable suspects that that thing may be found, and for that purpose require the person in control of the vehicle or vessel to stop it and keep it stopped;
(c) enter and search any premises occupied by a second-hand dealer or a metal dealer for the purposes of his business;
(d) seize and detain anything found in the course of any such search which appears to the constable to have been stolen or to be evidence of the commission of the crime of theft
and may, in doing so, use reasonable force.
In this subsection “second-hand dealer” and “metal dealer” have the meanings respectively assigned to them by sections 24(2) and 37(1) of this Act.
(2) The power under subsection (1)(b) above to require the person in charge of a vehicle or vessel to stop it shall be exercisable only by a constable in uniform.
(3) A constable who is not in uniform shall not be entitled to exercise the powers which he may exercise under subsection (1)(a) to (c) above until he has produced his identification—
(a) in relation to the exercise of powers under subsection (1)(a) above, to the person in respect of whom the powers are exercised;
(b) in relation to the exercise of powers under subsections (1)(b) or (c) above, to the person for the time being in charge of the vehicle, vessel or premises and to any other person in or on the vehicle, vessel or premises who, having reasonable cause to do so, requests to see it.
(4) In subsection (1) above “theft” includes any aggravation of theft including robbery.
(5) Nothing in section 54(2A) of this Act or this section prejudices any power of entry or search or any power to seize or detain property or any power to require any vehicle or vessel to be stopped which is otherwise exercisable by a constable.
(6) Any person who, without reasonable excuse—
(a) fails to allow a constable to enter and search—,
(i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or
(ii) any vehicle or vessel in pursuance of the said subsection (1), or seize and detain anything found in the course of such searsh;
(b) when required by a constable in pursuance of subsection (1) above to stop a vehicle or vessel and keep it stopped, fails to do so; or
(c) obstructs a constable in the exercise of his powers under section 54(2A) of this Act orsubsection (1) above;
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1) Where—
(a) any premises have been left open, unlocked or otherwise insecure; and
(b) in the opinion of a constable, the insecurity of the premises is likely to conduce to the commission of an offence,
the constable may take such reasonable steps as he may consider necessary to make the premises secure.
(2) Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the Scottish Police Authority from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.
(1) A person proposing to hold a procession in public shall give written notice of that proposal in accordance with subsections (2) and (3) below
(a) to the local authority in whose area the procession is to be held, or if it is to be held in the areas of more than one such authority, to each such authority;
(aa) if the procession is to be held to any extent in a National Park, to the National Park authority for the National Park;
and
(b) to the chief constable.
(2) Notice shall be given for the purposes of subsection (1) above by—
(a) its being posted to the main office of the local authorityand (where subsection (1)(aa) above applies) of the National Park authorityand to the office of the chief constable so that in the normal course of post it might be expected to arrive not later than 28 days before the date when the procession is to be held; or
(b) its being delivered by hand to those offices not later than 28 days before that date.
(3) The notice to be given under subsection (1) above shall specify—
(a) the date and time when the procession is to be held;
(b) its route;
(c) the number of persons likely to take part in it;
(d) the arrangements for its control being made by the person proposing to hold it; and
(e) the name and address of that person.
(4) A local authoritymay, on application in accordance with subsection (5) below by a person proposing to hold a procession in public in their area
(a) made to them ;
(aa) if the procession is to be held to any extent in a National Park, intimated to the National Park authority for the National Park;
and
(b) intimated to the chief constable, within the period of 28 days before the date when the procession is to be held, make an order dispensing with the requirements of subsection (2) above in relation to the time limits for the giving of notice of that proposal.
(5) An application under subsection (4) above shall
(a) set out the reason why notice of the proposal was not given in accordance with subsections (1) and (2) above
(b) specify the matters mentioned in subsection (3) above,
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The local authority shall, before making an order under subsection (4) above ..., consult the chief constable.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11A) A local authority shall, as soon as possible after making an order under subsection (4) above, publicise that fact in such manner as they think fit and send a copy of the order to the applicant.
(11B) This section does not apply to a procession—
(a) which is a funeral procession organised by a funeral director acting in the ordinary course of his business; or
(b) which is specified in, or is within a description specified in, an order made by the Scottish Ministers.
(11C) In subsection (11B) above, a “funeral director” is a person whose business consists of or includes the arrangement and conduct of funerals.
(11D) An order made for the purposes of subsection (11B)(b) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(12) In this section and in sections 63 to 65 of this Act—
“procession in public” means a procession in a public place;
“chief constable” means the chief constable of the Police Service of Scotland; and
“public place” has the same meaning as in Part II of the Public Order Act 1986.
63 Functions of regional and islands councils in relation to processions.
(1) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Park authority in respect of a procession notice of which has been given or falls to be treated as having been given in accordance with section 62(1) of this Act, make an order—
(i) prohibiting the holding of the procession; or
(ii) imposing conditions on the holding of it.
(1A) Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act—
(a) if a local authorityhave made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable and (where subsection (1)(aa) of that section applies) the National Park authority, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection;
(b) if they have decided not to make an order they may at any time thereafter, after consulting the chief constable and (where subsection (1)(aa) of that scetion applies) the National Park authority, make any order which they were empowered to make under that subsection.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A local authority shall—
(a) where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act, deliver at least 2 days before the date when, in terms of the notice, the procession is to be held, to the person who gave the notice—
(i) where they have made an order under subsection (1) or (1A) above, a copy of it and a written statement of the reasons for it; . . .
(ii) where they decide not to make an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above, notification of that fact;
(iii) where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation; and
(b) where they have made an order under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been made and, if the order has been varied under subsection (1A) above, that it has been so varied and of its effect ; and
(c) where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.
(4) The local authorityshall comply with subsection (3) above—
(a) as early as possible;
(b) only insofar as it is reasonably practicable for them to do so.
(5) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Parks Authority, make an order—
(a) imposing conditions on the holding of a procession to which paragraph (a) of subsection (11B) of section 62 of this Act relates;
(b) prohibiting or imposing conditions on the holding of a procession to which paragraph (b) of that subsection relates.
(6) Subsections (1A), (3) and (4) above apply in relation to an order made under subsection (5) above and to a decision not to make an order under that subsection as they apply to an order under subsection (1) above and to a decision not to make an order under that subsection respectively, but with the modifications set out in subsection (7) below.
(7) Those modifications are—
(a) the references to notice having been or falling to be treated as having been given shall be ignored;
(b) the reference to the person who gave the notice shall be treated as a reference to the person appearing to the local authority to be the person who is to hold the procession; and
(c) the words “not to make an order under subsection (1) above or” in subsection (3)(a)(ii) shall be ignored.
(8) The considerations to which the local authority shall have regard when deciding whether to prohibit the holding of a procession or impose conditions on it under this section shall include—
(a) the likely effect of the holding of the procession in relation to—
(i) public safety;
(ii) public order;
(iii) damage to property;
(iv) disruption of the life of the community;
(b) the extent to which the containment of risks arising from the procession would (whether by itself or in combination with any other circumstances) place an excessive burden on the police;
(c) where the person proposing to hold the procession has previously held one in the area of the authority or the persons likely to take part in the procession, or some of them, are the same persons as took part in one previously held in that area, or some of them—
(i) whether the previous procession was held in breach of a prohibition under this section on its being held or of a condition so imposed on the holding of it;
(ii) whether any guidance or code of conduct issued by the authority as to the holding of the previous procession or as to the holding of processions generally was followed; and
(iii) the effect of the previous procession in relation to the matters mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above and in paragraph (b) above.
(9) The local authority shall compile, maintain and make available to the public, free of charge, a list containing information about—
(a) processions which have, after the coming into force of this subsection, been held in their area;
(b) proposed processions which they have, after that time, prohibited under this section.
(10) A local authority shall make sufficient arrangements to secure that any person, body or other grouping resident in or otherwise present in their area who makes a request for the purposes of this subsection is enabled to receive information about processions which are to or might be held in that area or in any part of it specified in the request.
(1) An appeal to the sheriff shall lie at the instance of a person who, in accordance with section 62 of this Act, has or falls to be treated as having given notice of a proposal to hold a procession in public against
(a) an order made under section 63(1) or (1A) of this Act; or
(b) a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A),
in relation to the procession.
(2) An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days from the date on which the copy of the order and statement of reasons were received by the appellant.
(3) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (2) above.
(4) The sheriff may uphold an appeal under this section only if he considers that the local authority in arriving at their decision to make or, as the case may be, to vary the order—
(a) erred in law;
(b) based their decision on any incorrect material fact;
(c) exercised their discretion in an unreasonable manner; or
(d) otherwise acted beyond their powers.
(5) In considering an appeal under this section the sheriff may hear evidence by or on behalf of any party to the appeal.
(6) Subject to subsection (7) below, on an appeal under this section, the sheriff may
(a) uphold the appeal and—
(i) remit the case, with the reasons for his decision, to the local authority for reconsideration of their decision, or
(ii) if he considers that there is insufficient time for the case to be remitted under sub-paragraph (i) above quash the order which is the subject of the appeal , vary it or make in substitution for the order any such order as the authority were empowered to make under section 63(1) of this Act; or
(b) dismiss the appeal,
and on remitting a case under paragraph (a)(i) above, the sheriff may—
(i) specify a date by which the reconsideration by the authority must take place;
(ii) modify any procedural steps which otherwise would be required to be taken in relation to the matter by or under any enactment (including this Act).
(7) The sheriff shall not exercise any of his powers under subsection (6) above unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the authority whose order or, as the case may be, the variation of whose order under section 63 of this Act is the subject of the appeal.
(8) The sheriff may include in his decision on an appeal under this section such order as to the expenses of the appeal as he thinks proper.
(9) Any party to an appeal to the sheriff under this section may appeal on a point of law from the decision of the sheriff to the Court of Session within 28 days from the date of that decision.
(1) Subject to subsection (3) below, a person who holds a procession in public—
(a) not —
(i) having given or being a person who is treated as having given notice in accordance with section 62 of this Act of his proposal to do so; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in contravention of an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act prohibiting the holding of it;
(c) otherwise than in accordance with a condition imposed by an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act in relation to the procession; or
(d) otherwise than in accordance with the particulars of its date, time and route specified—
(i) in the notice given under section 62(1) to (3) of this Act; or
(ii) where an order has been made under subsection (4) of that section, in the application for the order
except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.
(2) Subject to subsection (3) below, a person who takes part in a procession in public—
(a) in respect of which—
(i) notice has not been or is not treated as having been given in accordance with section 62 of this Act; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to which an order has been made under section 63(1) or (1A) or 64(6)(a)(ii) of this Act prohibiting the holding of it;
(c) which is held otherwise than in accordance with a condition imposed by an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act in relation to the procession; or
(d) which is held otherwise than in accordance with the particulars of its date, time and route specified—
(i) in the notice given under section 62(1) to (3) of this Act; or
(ii) where an order has been made under subsection (4) of that section, in the application for the order
except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route
and refuses to desist when required to do so by a constable in uniform shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(3) This section applies to a procession of the description set out in section 62(11B)(a) of this Act (funeral processions) only to the extent that the procession has been held otherwise than in accordance with conditions imposed under this Part of this Act.
(3A) This section applies to a procession which is within section 62(11B)(b) of this Act (processions specified by order) only if and to the extent that it has been prohibited or conditions imposed on it under this Part of this Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The local authority shall, in carrying out functions under this Part of this Act, have regard to any guidance in that respect issued by the Scottish Ministers.
66 Relationship of sections 62 to 65 with Public Order Act 1986.
Sections 62 to 65 of this Act are subject to the Public Order Act 1986; and, without prejudice to that generality—
(a) an order under those sections, so far as relating to the same matters as those to which any directions given under section 12 of that Act relate, shall be subject to those directions . . . ; and
(b) anything done in conformity with any such directions . . . or omitted, in conformity therewith, to be done shall not be an offence under section 65 of this Act.
(1) Subject to subsection (2) below, any person taking possession of any property without the authority of the owner in circumstances which make it reasonable to infer that the property has been lost or abandoned (“a finder”) shall take reasonable care of it and shall without unreasonable delay deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons mentioned in subsection (3) below, giving a description of the property and information as to where it was found.
(2) Subsection (1) above does not apply to—
(a) property found on the premises of, or used by, an undertaking which provides a transport service for the public, being premises such as omnibus stations, ports, airports or other similar places, or on any vehicle, vessel or aircraft used by the undertaking for such a service, if provision is made in relation to such lost or abandoned property by or under any enactment other than this Act;
(b) property found on the premises of, or used by, the British Railways Board or on any vehicle, train, or vessel used by the Board;
(c) motor vehicles which appear to be abandoned, whose removal is provided for by or under any enactment other than this Act; or
(d) any dog in relation to which provision is made under sections 3 and 4 of the Dogs Act 1906 (which relate to stray dogs).
(3) The persons referred to in subsection (1) above are—
(a) the owner of the property;
(b) the person having right to possession of it;
(c) if the property has been found on land or premises, the owner or occupier thereof;
(d) any person apparently having the authority to act on behalf of any of those persons.
(4) Where a person who takes possession of property or receives a report about its finding is—
(a) a person referred to in paragraph (c) of subsection (3) above, he shall deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons referred to in paragraphs (a), (b) or (d) of that subsection;
(b) a person referred to in paragraph (d) of subsection (3) above, he shall deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons referred to in paragraphs (a), (b) or (c) of that subsection.
(5) Any person who reports the fact that he has taken possession of any property to a constable under this section shall, on being required to do so by the chief constable, deliver the property to such person at such time as the chief constable may direct.
(6) Any person who fails without reasonable excuse to comply with the provisions of this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.
(1) This section applies to any property which has been delivered or the finding of which has been reported to a constable under section 67 of this Act, or which has been found by a constable.
(2) The chief constable shall make such arrangements as he considers appropriate for the care and custody of the property.
(3) The chief constable shall take reasonable steps to ascertain the identity of the owner or person having right to the possession of the property and to notify him where it can be collected.
(4) The chief constable may, after the expiry of a period of 2 months from the date on which the property was delivered or its finding reported to a constable under section 67 of this Act, having regard to the whole circumstances including the nature and value of the property and the actings of the finder, offer it to the finder under section 70(1)(b) of this Act or, if in his opinion so to offer it would be inappropriate, may sell it or, if in his opinion it would be both inappropriate so to offer it and impracticable to sell it, may dispose of it or make arrangements for its disposal otherwise as he thinks fit; but he shall not do any of these things before the expiry of that period other than by returning it to the claimant under section 69 of this Act or by disposing of it under subsection (5) below.
(5) If the property cannot, in the opinion of the chief constable, be safely or conveniently kept for the period mentioned in subsection (4) above he may dispose of it or arrange for its disposal within that period in such manner as he thinks fit.
(6) The chief constable shall keep a record of particulars connected with the property and shall retain the record so kept for a period of one year from the date on which the property is disposed of under the provisions of this Part of this Act.
(1) The owner or person having right to possession of any property in the possession of the chief constable by virtue of section 67 of this Act, or of another person under arrangements made by the chief constable, may at any time prior to its disposal under section 68 of this Act claim that property from the chief constable in accordance with such procedure as the chief constable may direct.
(2) The chief constable shall consider any claims to property made under subsection (1) above, and, on being satisfied that the claimant is the owner of that property or has a right to possession of it, shall deliver or arrange for the delivery of the property to the claimant on such conditions (if any) as he thinks fit, including payment of such reasonable charges (including any reasonable expenses incurred by him or on his behalf) as the chief constable may determine and payment of such sum as the claimant may be ordered to pay under section 70 of this Act.
(3) Nothing in this section affects any right to or interest in the property arising otherwise than by virtue of this section.
(1) The chief constable may—
(a) in the event of a claim to property being made under section 69 of this Act by a person appearing to him to be the owner of it or having right to possession of it, order the claimant to pay to the chief constable such sum as he may determine as a reward to the finder; or
(b) in the event of any such property not being claimed by such a person, give that property or any part of it to the finder, or pay him such sum as he may determine as a reward.
(2) In determining whether to make any reward under subsection (1) above and in determining the amount of any such reward the chief constable shall have regard to the whole circumstances including—
(a) the nature and value of the property;
(b) where there is a claimant to the property, the ability of the claimant to pay; and
(c) the actings of the finder.
(1) Any disposal of property under sections 68 or 70 of this Act to a person taking in good faith shall, subject to subsection (2) below, vest the ownership of the property in that person.
(2) In the case of any such disposal of property made otherwise than for value, any person who was immediately before the disposal the owner of the property (“the previous owner”) shall ... be entitled within the period of one year after the date of the disposal to recover possession of the property as owner.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to the provisions of this section, the previous owner of any property disposed of for value under section 68 of this Act shall be entitled to compensation.
(2) A claim for compensation under subsection (1) above in respect of any property may be made within a period of one year after the date of its disposal under section 68 of this Act in such manner as the chief constable may direct.
(3) The amount of compensation payable under subsection (1) above shall be the net proceeds of the sale of the property, but no compensation shall be payable where the net proceeds of the sale of the property are less than £100 or such other amount as the Secretary of State may, by order made by statutory instrument, specify, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this section, “net proceeds of sale” means the sum received for any property on its disposal for value under section 68 of this Act after deduction of—
(a) any expenses incurred in connection with the disposal of the property;
(b) any amount paid as a reward by the chief constable under section 70 of this Act; and
(c) such reasonable charges (including any reasonable expenses incurred by him or on his behalf) as the chief constable may determine.
No person who—
(a) finds any property appearing to have been lost or abandoned;
(b) is the employer of a finder of such property; or
(c) owns or occupies the land or premises on which such property is found,
shall by reason only of the finding of that property have any right to claim ownership of it.
Where any person who has found any living creature, other than a stray dog or livestock (which expression shall have in this section the same meaning as it has for the purposes of section 129 of this Act), has been permitted to have, at his request, care and custody of that creature under arrangements made by the chief constable under section 68(2) of this Act and the creature—
(a) has continued to be in his care and custody for a period of 2 months, and
(b) has not been claimed during that period,
that person shall at the end of that period become the owner of that creature.
In the Dogs Act 1906—
(a) in section 3 (seizure and disposal of stray dogs) there shall be inserted after subsection (7) the following subsection—
(7A) Where a dog is disposed of under this section to a purchaser in good faith, the sale shall vest the ownership of the dog in the purchaser.
; and
(b) in section 4 (duty of finder of stray dog)—
(i) in subsection (3) after the word “ of” , where secondly occurring, there shall be inserted the words “ subsections (1) and (2)” and for the words “ forty shillings” there shall be substituted the words “ £50” ;and
(ii) after subsection (3) there shall be inserted the following subsection—
(4) Where a person has taken possession of a stray dog, and kept it in accordance with subsection (2)(a) above for a period of two months without its having been claimed by the person having right to it, the person who has taken possession of it shall, at the end of that period, become the owner of the dog.