Know Your Laws

Know your laws

Every dog owner has a responsibility to ensure that their dog does not cause a nuisance to others. This means that the owner must comply with certain laws, most of which are straight forward and are there to ensure that people and dogs can live happily and safely in the community.

Animal Welfare Act 2006

There is no one “perfect” way to care for all dogs because every dog, and every situation is different. However it is the responsibility of every pet owner to provide; 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. Refer back to your workshop information on ‘Brambell’s Five Freedoms’ for detail. Clean Neighbourhoods and Environments 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 where asked, permitting a dog to enter land from which dogs are excluded and taking more than a specified number of dogs on to land.

You will need to contact your local authority to see what dog control orders have been passed or are proposed in your area. Alternatively, to find out whether your local authority has introduced these orders sign up to the Kennel Club’s dog owners group KC Dog, by contacting [email protected], visiting ww.kcdog.org.uk or calling 0844 4633 980. The Control of Dogs Order 1992

Your dog must wear a collar with an ID tag stating your name and address and telephone number. It is also highly recommended that your dog is microchipped and registered with Petlog, the largest pet reunification scheme in UK. Microchipping

It is likely to become compulsory in England by April 2016 and even sooner in Wales.

Microchipping became a requirement for a dog licence from 9 April 2012 in Northern Ireland.

The Scottish Government has recognised the benefits of microchipping and can require owners of dangerous or out of control dogs to microchip their dogs by the issue of a Dog Control Notice. There are currently no plans to introduce compulsory microchipping more widely, but the Scottish Government will continue to monitor the development of proposals for compulsory microchipping in England and Wales. Breeding and Sale of Dogs (Welfare) Act 1999

Breeders who breed five 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.

Dangerous Dogs Act 1991 (section 3) - Not just about breeds!

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 from 13th May 2014, private property (your home and gardens). 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.

The act has also been extended to make it an offence for your dog to attack an assistance dog.

To avoid any misunderstandings it is vital to 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.

 Ensure your gardens are safe. Consider how to keep unexpected visitor or delivery drivers safe on your property.  You need to make sure that any visitor can safely access your front door without coming across your dog.  Talk to your neighbours and request that they don’t allow their children to climb your fence to retrieve balls etc.  Manage your dog when someone knocks or you have visitors e.g. put your dog in another room (see handout ‘Barking at the doorbell and visitors’).  Consider how your dog greets people, even a dog being friendly and jumping up can be enough to worry a stranger.  Do not leave your dog tied up unattended outside shops/schools etc.

Dangerous Dogs (Amendment) Act 1997

The 1991 Act was amended by the Dangerous Dogs (Amendment) Act 1997. The 1997 Act removed the mandatory destruction order provisions on banned breeds and re-opened the Index of Exempted Dogs for dogs which the courts consider would not pose a risk to the public. The courts were given discretion on sentencing, with only courts able to direct that a dog be placed on the list of exempted dogs.

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. Local authorities may have similar by-laws covering public areas. Dogs travelling in vehicles should not be a nuisance or in any way distract the driver during a journey.

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.

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.

Dogs Act 1871

It is a civil offence if dogs dangerous to people or animals are not kept under proper control. 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.

In Scotland this Act no longer applies from 26th February 2011.

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).

If you are unsure what areas of the countryside you and your dog are able to visit, The Countryside Code applies to all parts of the countryside in England and Wales. Most of it is just common sense but it makes clear what responsibili- ties are for both the public and people who manage the land. For further information and to download the very informative ‘You and your dog in the countryside’ leaflet: http://publications.naturalengland.org.uk/publication/30048?category=38017 Tail docking

Tail docking (removing part of a dog’s tail) is banned across England, Wales (with exceptions of certain working breeds), Scotland (no exceptions) since 2007 and Northern Ireland (with exception of certified working dogs) since 2011.

Scotland specific legislation

Until recently legislation for England, Wales and Scotland have largely been the same throughout. However The Control of Dogs (Scotland) Act 2010 came into affect from 26th February 2011. This new law effects dog owners and their dogs in two ways:

Section three of the Dangerous Dogs Act 1991, which applies to all dogs, has extended the criminal liability of a person where a dog is dangerously out of control to all places.

There has also been the introduction of the ‘Dog Control Notice’ that can be imposed on the dog’s owner, or the person in charge of a dog if that person has failed to keep that dog under control. An authorised officer for a local authority can issue a DCN requiring a person to ’bring and keep a dog under proper control’ and may specify conditions including:

1. Muzzling and/or on a lead when in public. 2. Neutering. 3. Exclusion from specific places. 4. Attending a training course with the dog. 5. Any other steps that would keep the dog under proper control.

The DCN would also require the local authority to be informed of any change of address, the dog to be microchipped and only walked by a responsible adult who is aware of the DCN.

Failure to comply could lead to a fine/or destruction of the dog ordered by court.

Wales specific legislation

The Welsh government has announced it intends to introduce new ‘control of dogs’ bill which will apply only to Wales. The main points of change if passed would be the compulsory microchipping, the extension of Section three of The Dangerous Dogs Act to cover all places and the introduction of control notices which are issued by local authorities and the courts.

There is also a complete ban of the use of electric shock collars on dogs in Wales.

Northern Ireland specific legislation

If you own a dog you must hold a dog licence that has been issued by the council. A licence will generally cost £12.50 for a pet dog (though concessionary rates are available in some circumstances) and it will be valid for 1 year. Application forms for a dog licence, or for the renewal of a dog licence, are available from council offices and in many cases on the website of your local council. The dog must be microchipped in order for a licence to be obtained.

If a Council Officer believes that offenses such as allowing a dog to stray or attacking a person are being committed, they may serve attach Control Conditions to the licence e.g. Keeping the dog on a lead, muzzling, training and neutering.

For more information visit: http://www.nidirect.gov.uk/index/information-and-services/leisure-home-and-community/animals -and-pets/dogs/dog-licensing.htm http://www.legislation.gov.uk/nisr/2012/132/contents/made

Useful web links

The Kennel Club’s information guide to dog law: http://www.thekennelclub.org.uk/media/8277/law.pdf

Information on where you can take your dog: http://www.thekennelclub.org.uk/training/responsible-dog-ownership/ And http://www.kcdogfriendly.co.uk/ http://www.doglaw.co.uk/ http://www.legislation.gov.uk/all?title=dogs

Countryside code leaflet Scotland:

http://www.snh.gov.uk/docs/A965891.pdf