| Legislation
Relating to Dogs -Why do I need to know about it?
A responsible dog owner needs to know about any
applicable legislation affecting your rights and responsibilities, in
order to protect yourself, your dog and other dogs. I have assembled some
extracts I have located that I feel they are relevant to the owners of
dogs. I believe that they are current and accurate as of March 08, however
I have included them as a “Guide only” for your information
and they should not be solely relied on or quoted. Hopefully links are
provided for further information and guidance.
I can recommend a fellow Deerhound owners web site; (“BRAKENLAND
DEERHOUNDS”, see links) where other excellent information is available
regarding the Law and Dogs
Animal Welfare Act 2006
The Animal Welfare Act was introduced on April 6th 2007. From this date,
the Act repealed the Protection of Animals Act 1911 and the Abandonment
of Animals Act 1960. The new Act increases and introduces new penalties
to tackle acts of cruelty, neglect, mutilation, tail docking, animal fighting
and the giving of pets as prizes. In addition to this it introduces a
duty of care for all pet owners to provide for their animals a suitable
environment, a suitable diet, the ability to exhibit normal behaviour
patterns, protection from pain, suffering, injury and disease and consideration
of the animal’s needs to be housed with, or apart from, other animals.
The Clean Neighbourhoods and Environment Act 2005
Under this Act, you could be fined up to £1,000 for breaching dog
control orders. Local authorities can make orders for standard offences
including: failing to remove dog faeces, not keeping a dog on a lead,
not putting and keeping a dog on a lead when directed to do so, permitting
a dog to enter land from which dogs are excluded and taking more than
a specified number of dogs on to land.
The Clean Neighbourhoods and Environment Act also updates the law on stray
dogs by transferring the responsibility for strays from the police to
the local authorities. The Kennel Club recommends that your dogs are microchipped
and registered.
Dog wardens are obliged to seize stray dogs and the police, for now, still
have discretionary power to seize stray dogs under the Dogs Act 1906.
The finder of a stray dog must return it to its owner (if known), or take
it to the local authority or police (although from April 2008, only the
local authority will receive stray dogs). It is illegal to take a found
dog into your home without reporting it to the police first. If you want
to retain the dog, this might be allowed, provided you are capable of
looking after the dog and agree to keep it for at least 28 days. However,
the original owner could still have a claim for the dog’s return.
Byelaws on noisy animals
If your dog’s barking causes a serious nuisance to neighbours, the
local authority can serve a noise abatement notice, which if unheeded
can result in you paying fines and legal expenses.
Breeding and Sale of Dogs (Welfare) Act 1999
Breeders who breed four or more litters per year must be licensed by their
local authority. Breeders with fewer litters must also be licensed if
they are carrying out a business of breeding dogs for sale.
Licensed breeders must:
a. Not mate a bitch less than 12 months old.
b. Not whelp more than six litters from a bitch.
c. Not whelp two litters within a 12 month period from the same bitch.
d. Keep accurate records.
e. Not sell a puppy until it is at least eight weeks of age, other than
to a keeper of a licensed pet shop or Scottish rearing establishment.
The Control of Dogs Order 1992
This mandates that any dog in a public place must wear a collar with the
name and address of the owner engraved or written on it, or engraved on
a tag. Your telephone number is optional (but advisable).
Dangerous Dogs Act 1991 (section 3)
It is a criminal offence (for the owner and/or the person in charge of
the dog) to allow a dog to be ‘dangerously out of control’
in a public place, a place where it is not permitted to be, and some other
areas. A ‘dangerously out of control’ dog can be defined as
a dog that has injured someone or a dog that a person has grounds for
reasonable apprehension that it may do so. Something as simple as your
dog chasing, barking at or jumping up at a person or child could lead
to a complaint, so ensure that your dog is under control at all times.
If your dog injures a person, it may be seized by the police and your
penalty may include a prison sentence and/or a ban on keeping dogs. There
is also an automatic presumption that your dog will be destroyed (unless
you can persuade the court that it is not a danger to the public, in which
case it may be subject to a control order). You may also have to pay a
fine, compensation and costs.
Dogs of the following type are banned under the Dangerous Dog Act:-
• The Pit Bull Terrier
• Fila Brasiliero
• Dogo Argentino
• Japanese Tosa
The Road Traffic Act 1988
It is an offence to have a dog on a designated road without it being held
on a lead (rule 56). Local authorities may have similar bye-laws covering
public areas.
Dogs travelling in vehicles should not be a nuisance or in any way distract
the driver during a journey and should be suitably restrained (rule 57).
If a dog is injured in a car accident, the driver must stop and give their
details to the person in charge of the dog. If there is no person in charge
of the dog, the incident must be reported to the police within 24 hours.
Note; In any proceedings, whether civil or criminal, only the Department
for Transport’s current printed version of the Code should be relied
upon.
Animals Act 1971
You could be liable for damage caused by your dog under this Act or under
some degree of negligence. It is highly advisable to have third party
liability insurance to cover this, something that is included in most
pet and some household insurance policies.
Animal Boarding Establishments Act 1963
Anyone boarding animals as a business (even at home) needs to be licensed
by the local authority.
Dogs (Protection of Livestock) Act 1953
Your dog must not worry (chase or attack) livestock (cattle, sheep, goats,
pigs, horses and poultry) on agricultural land, so keep your dog on a
lead around livestock. If your dog worries livestock, the farmer has the
right to stop your dog (even by shooting your dog in certain circumstances)
Dogs Act 1871
It is a civil offence if a dog is dangerous (to people or animals) and
not kept under proper control (generally regarded as not on a lead nor
muzzled). This law can apply wherever the incident happened. The dog can
be subject to a control or a destruction order and you may have to pay
costs.
As a dog owner, you should be aware of laws which affect you and your
dog. Enclosed are some useful guidelines to help you keep within the dog
law! The Kennel Club is the best place for advice on these issues and
provides many services to help you to be a law abiding, responsible dog
owner.
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