But, where that exception applies, there is no restriction in article 12 on the identity of the person who may be substituted for the existing owner or keeper other than the requirement to consider whether the person who has applied to be substituted is a fit and proper person to be in charge of the dog. The order made by the Crown Court originally included an order that Barbara McCann was a fit and proper person to care for Sky. Question (1)(ii) and (iii): For the reasons given at [96] – [98] above the Crown Court did not have power to order that Mrs McCann or any other person should apply for the certificate of exemption. The regime in the Dangerous Dogs Act 1991 was amended by the Dangerous Dogs (Amendment) Act 1997 and the Anti-Social Behaviour, Crime and Policing Act 2014. In circumstances in which no evidence was heard from the McCanns and the case stated does not contain a finding of fact as to whether Mrs McCann was a person "for the time being in charge of" Sky, we consider that the case must be remitted to the Crown Court for this matter to be considered in the light of this judgment, and for a finding of fact to be made as to whether she was. The volume of comments that are attracted in any case where an animal has been unlawfully harmed are usually extensive and the level of criticism, often expressed in extremely unpleasant terms, damning. Ms McGahey also submitted that the requirements of section 4B of the Act have been met in this case. We are also satisfied, however, that because Sky is no longer exempt, it is section 4B(2A) and not article 12 which applies in this case. There are many examples of dogs being euthanised without a court order or proper consent of the owner. There is no express power for the Crown Court to order a particular person to apply for a certificate of exemption, and for the reasons given we do not consider that such a power can be read into article 9 by implication. A contingent destruction order was made in respect of Sky providing that she would not be destroyed if the Appellant obtained an exemption certificate in respect of her and complied with its terms (paragraph 2). In order to avoid the destruction of contingent remainders by reason of the destruction of the particular estate before its natural time for termination, it was the practice in England, before the passage of the first of the remedial statutes. Our conclusions on the questions posed by the Crown Court: In view of our conclusions on the interpretation of section 4B, the answers to questions (1)(i) and (1)(ii) depend on whether, on the evidence, Mrs McCann was "a person for the time being in charge of" Sky. She submitted that there would be no logic in a scheme under which, if the keeper of an exempt dog suffers from death or serious injury, a stranger who is a fit and proper person could take over the dog, but under section 4B a dog could only be taken over by the owner or person for the time being in charge. This site is not a law firm and cannot offer legal advice. Return will be conditional on the owner having the dog neutered….". No Breach of Prior Agreement. For a case involving no actual injury to a person or assistance dog, the maximum penalty is 6 months prison, £5,000 fine, compensation, discretionary destruction … He argued that under the expressio unius principle (see [40] above), volunteers such as Mrs McCann are clearly excluded from being a person "in charge". There is, she maintained, nothing in the legislation that requires 'charge' to mean 'sole charge', or even 'principal charge'. Accordingly, we turn to examine the purpose of section 4B, the meaning of other provisions in the Act and in the 2015 Order, and the relationship of those provisions with section 4B(2A) in order to determine which of the rival submissions on the meaning of that provision is correct. Parliament has revisited the regime for prohibited dogs on several occasions since 1991, most recently in the 2015 Order. As it is used in section 3, it should not be construed narrowly. If Subcontractor fails to cure the breach as noted, Supplier may immediately terminate this Contract or any order or SOW issued hereunder, in whole or in part. iii.To order that any named person should apply for the certificate of exemption. 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