Retsudvalget 2009-10
L 163 Bilag 50
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Dog Control BillCONTENTS123456Responsibility for dogsControl of dogsDog control noticesContent of dog control noticesAppeal against dog control noticeDuty of local authority to monitor effectiveness of and to enforce dog controlnoticeFailure to comply with dog control noticeDischarge or variation of dog control notice at instigation of local authorityDischarge or variation of dog control notice on application of person on whom itwas servedProsecutionPower to seize and destroy dogsRepealsShort title, interpretation, commencement and extent
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A
B I LLTO
Make provision about the control of dogs and their welfare; and for connectedpurposes.BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows:—1Responsibility for dogs(1) In this Act, references to a person being responsible for a dog are to a personresponsible for a dog whether on a permanent or temporary basis.(2) In this Act, references to being responsible for a dog include being in chargeof it.(3) For the purposes of this Act, a person who owns a dog shall always beregarded as being a person who is responsible for it.(4) For the purposes of this Act, a person shall be treated as responsible for anydog for which a person under the age of 16 years in their care and control isin charge.2Control of dogs
No person shall—(a) allow a dog for which they are responsible to be aggressive ordangerously out of control, in either a public or private(b) encourage a dog to be aggressive or to intimidate people or otheranimals;(c) keep a dog that has attacked a person or another protected animalwithout reasonable cause; An animal is a protected animal as defined bysection 2 of the Animal Welfare Act 2006; reasonable cause may be definedas:’
place;
(1) The person attacked was in a place where the person was notpermitted to be and was committing an offence for which the penaltycould be a custodial sentenceOR
OR(2) The dog is being used for a lawful purpose by a constable or a person inthe service of the CrownOR(3)‘the dog was provoked into an attack by a person other than the personresponsible for it as defined in section 1 above.’OR(4) the dog was being attacked by another animal’
This list is not exhaustive3 Dog control notices
(1) Serving of dog control notice(1) If—(a) it comes to the attention of an authorised officer that a dog has, on at leastone occasion after this section has come into force, been out of control,the officer may serve on the proper person a written notice (to be knownas a “dog control notice”) requiring the person to bring and keep the dogunder control,(b) a court makes a requirement under section 5(4) or a case is remitted undersection 9(3), an authorised officer is to serve such a notice (or as the casemay be a further such notice) on the proper person.(2) It is immaterial, for the purposes of subsection 3 (1)(a), that on the occasion inquestion (or as the case may be on either, any or all of those occasions) someperson other than the proper person was in charge of the dog.(3) For the purposes of this Act, a dog is out of control if it is not being kept undercontrol effectively and consistently (by whatever means) by the proper person,and(a) it injures any person; or,(b) there are grounds for reasonable apprehension that it will do so.
(4) The apprehension mentioned in subsection (3)(b) may be as to (any or all)—
(a) the individual’s own safety,(b) the safety of some other person, or(c) the safety of a protected animal other than the dog in question.(5) In this Act references to an “authorised officer” are to an officer appointed for thepurposes of this Act by a local authority; and each local authority must appointat least one such officer.(7) In appointing any person to be such an officer a local authority are to satisfythemselves that the person is skilled in the control of dogs and has the capacityto instruct and advise others in matters relating to the control of dogs.(8) A dog control notice is not to relate to more than one dog.
4 Content of dog control notice(1) A dog control notice is to require—(a) that the person responsible (in this and the following provisions of this Actreferred to as “P”)—(1) complies with the terms of the notice to the satisfaction of the localauthority which has the duty of monitoring its effectiveness andenforcing it, and(2) on changing name, address or phone number, notifies the authorityof the change in question,(b) that, within 14 days after the effective date, either—(i) an electronic transponder compliant with ISO Standard 11784 and11785, be duly implanted in the dog as a means of identifying theanimal and registered on a database meeting the requirements setout in Schedule 1, or(ii) P satisfies the local authority (by providing such information to themas they may require) that such a transponder was duly implanted inthe dog before the notice was served and already constitutes ameans of identifying the animal and registered on a databasemeeting the requirements set out in Schedule 1,(c) that, on an electronic transponder being implanted by virtue of paragraph(b)(i), P informs the local authority that it has been implanted and bywhom, together with the identification number of the device, and(d) that P or an entrusted person be present and in charge of the dog
(2) In paragraph (b) of subsection (1), the references to an electronic transponderbeing duly implanted are to its being implanted by a person who in the opinionof the local authority is appropriately qualified to carry out such an implant.(3) In paragraph (d) of subsection (1), the reference to an entrusted person is to aperson who—(a) has attained the age of 16 years,(b) has for the time being been entrusted by P with charge of the dog,(c) has been made familiar by P with the requirements of the dog controlnotice, and(d) is willing and able to comply with those requirements.(4) A dog control notice may specify other steps P is required to take, being stepswhich in the opinion of the authorised officer—(a) must be taken if the dog is to be brought and kept under control, or(b) would be conducive to its being brought and kept under control;and in specifying any such step the notice may specify a date by which it is tobe taken.(5) Subsection (4) is subject to sections 5(6) and 9(4).(6) Steps specified by virtue of subsection (4) (or of subsection (6) of section 5 orsubsection (4) of section 9) may, without prejudice to the generality of thesubsection in question, include any or all of the following—(a) muzzling the dog whenever it is in a place to which the public have access,(b) keeping the dog on a lead whenever it is in such a place,(c) neutering it,(d) keeping the dog away from a place, or category of places, specified in thenotice,(e) imposing a period of curfew, and(f) P, with the dog, attending and completing a course of training in the controlof dogs (being a course which may, but need not, be specified in thenotice)This list is not exhaustive.(7) Ministers may by order—
(a) amend any paragraph of subsection (1) or (6) (including any paragraphadded by virtue of paragraph (b) or (c) of this subsection),(b) amend subsection (1) by adding a further requirement, or(c) amend subsection (6) by adding a further example of a step which might bespecified in a dog control notice.(8) A dog control notice must include—(a) the date on which it is served and a statement that the order comes intoeffect on that date,(b) the name and address of P,(c) a description, including the microchip number, of, and informationregarding, the dog,(d) the reason for the authorised officer concluding that the dog has been outof control (including a description of the circumstances on the basis ofwhich the officer has come to that conclusion), and(e) the information that—(i) section 5 of this Act provides for an appeal against a dog controlnotice or against a term of such a notice,(ii) section 5 of this Act provides for the discharge or variation of a dogcontrol notice,(iii) section 9 of this Act provides for any dog which continues to be outof control, and(iv) it is an offence under section 7 of this Act to fail to comply with a dogcontrol notice.(9) A dog control notice may include such other matter as the local authority think fitprovided the inclusion is consistent with any order under subsection (10).(10) Ministers may by order prescribe a form for a dog control notice.(11) Different provision may be made under subsection (10) for different cases or fordifferent classes of case.(12) The date mentioned in subsection (8)(a) is referred to in this Act as the “effectivedate”.
5Appeal against dog control notice(1) P may by summary application appeal to the magistrates court against (either orboth)‘(a) a dog control notice served by virtue of paragraph (a) of section 1(1),
(b) a term of such a notice;
(2) On any such appeal, the court may on the application of P suspend the effect ofthe dog control notice, or of any term of that notice, pending a decision in theappeal.(3) On any such appeal, the court may—(a) uphold or discharge the notice or term appealed against,(b) in the case of an appeal under paragraph (a) of subsection (1), decline todischarge the notice but discharge or vary a term of the notice,(c) in the case of an appeal under paragraph (b) of that subsection—(i) decline to discharge the term appealed against but vary it,(ii) whether or not the term appealed against is discharged or varied,discharge or vary any other term of the notice.(4) Without prejudice to the generality of subsection (3), variation of a term of thenotice may include (either or both)—(a) specifying a step to be taken by P additional to any specified by virtue ofsection 2(4),(b) substituting a date for that by which a step is to be taken.
6 Duty of local authority to monitor effectiveness of and to enforce dog controlnotice etc.(1) A local authority are—(a) to monitor the effectiveness of,(b) to enforce, and(c) to record (and may from time to time update) such information as Ministersmay, for the purposes of section 8, require as regards,any dog control notice served by an authorised officer appointed by theauthority.(2) When a local authority update information under subsection (1)(a), they are toinform P accordingly.
(3) Ministers may, in relation to information held by a local authority by virtue ofsubsection (1)(c), by order—(a) permit the authority to share, for the purposes of this Act, that informationwith other local authorities, Ministers and the police, and(b) permit or require any person to be given access to that information (or tosome part of that information) for research purposes.
7 Failure to comply with dog control notice(1) If P fails to comply with a dog control notice, then P commits an offence and isliable on summary conviction to a fine not exceeding level 3 on the standardscale.(2) Where P is convicted of an offence under subsection (1), the court (either orboth)—(a) may make an order disqualifying P from owning or keeping a dog duringsuch period as the court thinks fit,(b) where the court considers that the dog in respect of which the offence wascommitted is dangerous, may make an order—(i) appointing a person to undertake the dog’s destruction, and(ii) requiring that it be delivered up for that purpose.(3) Whether or not P is so convicted, the court may discharge the dog control notice.(4) If the court does so, it may impose a requirement that P be subject to a further dogcontrol notice, served by the local authority.(5) Except that subsection (4) does not apply if, in the case of a conviction, anappointment is made under subsection (2)(b)(i).(6) In imposing a requirement under subsection (4), the court is to direct that thefurther dog control notice include (in place of any that might be specified byvirtue of section 2(4)) such steps, to be taken by P, as are set out in thedirection.(7) Where P is convicted of an offence under subsection (1), then for the purposes ofany appeal an order under paragraph (a) or (b) of subsection (2) is to be treatedas a sentence, as is—(a) any requirement imposed under subsection (4), and(b) any direction given under subsection (6).
(8) Even where P is not so convicted, P may appeal to the magistrates courtagainst)—(a) any requirement so imposed, and(b) any direction so given.8 Discharge or variation of dog control notice at instigation of local authority(1) A local authority may at their own instigation, at any time other than when anapplication under section 7 is pending—(a) discharge or vary a dog control notice they are monitoring’.(2) On a dog control notice being discharged under subsection (1), the local authorityis to advise P accordingly.9 Discharge or variation of dog control notice on application of person on whom itwas served(1) P may apply at any time to the local authority which has the duty of enforcing adog control notice for the notice to be discharged or varied.(2) An application under subsection (1) is to contain a written statement as to thegrounds on which the application is based.(3) The grounds on which an application to discharge the order may be based are—(a) that the dog to which the notice relates has died,(b) that the dog is no longer out of control, or(c) that the circumstances are otherwise such that it would be unreasonablenot to discharge the order.(4) Where the grounds on which the application is based include a change ofownership of the dog, the statement must include the name and address of theperson who for the time being has day-to-day charge of the dog.(5) If the local authority decline to grant the application, P may by summaryapplication appeal to the court.
10 Prosecution(1) Failure of a person to comply with section 2 of this Act shall be an offence.(2) A person guilty of an offence under section 2 of this Act shall be liable to one or moreof the following—
(a) a control order which requires the person responsible for the dog tocomply with a control notice (where the person has not previouslycomplied);(b) a disqualification order which disqualifies the person responsible forthe dog from keeping dogs for a specified period of time;(c) a deprivation order which removes custody of the dog from the personresponsible for it;(d) a destruction order which stipulates that the dog in question must bedestroyed;(e) a fine not exceeding level 5 on the standard scale; or(f) imprisonment for a term not exceeding 51 weeks.Where a deprivation order is made under section 10 2 (c) the court may dispose of thedog(a) by selling or giving it to a person who will, in his opinion, care properly for the dog;(b) by selling it or giving it to an establishment for the reception of stray dogs; or(c) by destroying it in a manner to cause as little pain as possible;but no dog seized under this section shall be sold or given for the purposes ofvivisection.(3) In proceedings for an offence under section 2 of this Act or failure to comply with theprovisions set out in a control notice, if the proceedings are against a person who is theowner of a dog but was not at the material time in charge of it, it shall be a defence forthe accused to prove that the dog was at the material time in the charge of a personwhom he reasonably believed to be a fit and proper person to be in charge of it.(4) Where a person makes an order under subsection (2)(d) for the destruction of a dogowned by a person other than the offender, the owner may appeal to the Crown Courtagainst the order.(5) Disqualification under this section 10 subsection (2) (b) disqualifies a person—(a) from owning animals,(b) from keeping animals,(c) from participating in the keeping of animals, and(d) from being party to an arrangement under which he is entitled to control or influencethe way in which animals are kept.(6) Disqualification under this subsection disqualifies a person from dealing in animals.11 Powers to seize and destroy dogs
(1) An officer of a police force or a local authority authorised by it to exercise the powersconferred by this section may seize any dog which is subject to the proceedings outlinedin section 2.(2) If a justice of the peace is satisfied by information on oath, that there are reasonablegrounds for believing that an offence under any provision of this Act is being or has beencommitted on any premises, the justice of the peace may issue a warrant authorising aconstable to enter those premises (using such force as is necessary) and to search themand seize any dog or other thing found there which is evidence of the commission ofsuch an offence.(3) A court may issue a disposal order(a) by selling or giving it to a person who will, in his opinion, care properly for thedog;(b) by selling it or giving it to an establishment for the reception of stray dogs; or(c) by destroying it in a manner to cause as little pain as possible;but no dog seized under this section shall be sold or given for the purposes ofvivisection.(4) A court may issue a destruction order for the disposal of any dogs held prior to trialfor prosecutions under section 2 of this Act if it is thought necessary to protect the dog’swelfare.(5) A court may issue a seizure order for non compliance with section 7.12 RepealsThe following Acts are repealed—(a) the Dogs Act 1871 (c. 56);(b) the Dangerous Dogs Act 1991 (c. 65);(c) the Dangerous Dogs (Amendment) Act 1997 (c. 53).13 Short title, interpretation, commencement and extent(1) This Act may be cited as the Dog Control Act 2010.(2) In this Act—“local authority” has the same meaning as in section 149 of the Environmental ProtectionAct 1990 (c. 43).“public place” means any street, road or other place (whether or not enclosed) to whichthe public have or are permitted to have access whether for payment or otherwise andincludes the common parts of a building containing two or more separate dwellings.(3) For the purposes of this Act a dog shall be regarded as dangerously out of control onany occasion on which there are grounds for reasonable apprehension that it will injureany person, whether or not it actually does so, but references to a dog injuring a personor there being grounds for reasonable apprehension that it will do so do not include
references to any case in which the dog is being used for a lawful purpose by aconstable or a person in the service of the Crown.(4) For the purposes of this Act a dog shall be regarded as having been in an attackif it has bitten, mauled or injured a person or another protected animal.(5) This Act shall come into force on such day as the Secretary of State may by orderappoint.(6) This Act extends to England and Wales only.
SCHEDULE 1DatabasesContents of database1. —(1) The database must contain the following information in relation to each dogregistered—(a) name and address of the owner, or owners where there is joint ownership;(b) a contact telephone number for each owner;(c) name of the dog;(d) microchip number;(e) breed of dog;(f) sex of the dog;(g) year of birth of the dog; and(h) a reference to any other dogs registered under the owner’s name on the database.
(2) The database operator must record or update this information within 5 working daysof receipt of the information.(3) For the purposes of paragraphs 1 and 3, “working day” means any day other than aSaturday, a Sunday, Christmas Day, Good Friday or a day which in England is a bankholiday under the Banking and Financial Dealings Act 1971(a).Accuracy2. The database operator must have in place a checking system to ensure that anyinformation inputted is accurate.Access to information3.—(1) The database operator must—(a) answer all telephone calls received in normal working hours on all working days;(b) provide the information in paragraph 7 free of charge to authorised third partiesduring all normal working hours; and(c) charge a reasonable rate for the telephone call.(2) For the purposes of sub-paragraph 1(a) and (b) “normal working hours” means thehours between 9am and 5pm.(3) For the purposes of sub-paragraph 1(b), “authorised third parties” means—
(a) any police constable;(b) any representative of the Secretary of State; or(c) any representative of the local authority.Contingency provisions4. The database operator must—(a)have adequate computer software and hardware to store the information in thedatabase;(b) maintain a secure electronic backup of all of the information stored in the database;and(c) make provisions for the transfer of the information contained in the database toanother database operator if the database ceases to operate.(d) be compliant with EU ISO standards.