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I posted the change but it seems to not be read.. so here goes.
(3) In section 4 (destruction and disqualification orders) after subsection (1A)
there is inserted—
“(1B) For the purposes of subsection (1A)(a), when deciding whether a dog
would constitute a danger to public safety, the court—
(a) must consider—
(i) the temperament of the dog and its past behaviour, and
(ii) whether the owner of the dog, or the person for the time
being in charge of it, is a fit and proper person to be in
charge of the dog, and
(b) may consider any other relevant circumstances.”
(4) Section 4B (destruction orders otherwise than on a conviction) is amended as
follows—
(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in
exercise of a power of seizure conferred by any other enactment”;
(b) after subsection (2) there is inserted—
“(2A) For the purposes of subsection (2)(a), when deciding whether a
dog would constitute a danger to public safety, the justice or
sheriff—
(a) must consider—
(i) the temperament of the dog and its past
behaviour, and
(ii) whether the owner of the dog, or the person for
the time being in charge of it, is a fit and proper
person to be in charge of the dog, and
(b) may consider any other relevant circumstances.”