Animals Act 1971
The Animals Act 1971 makes a “keeper” of a dog strictly liable for damage caused
by the dog in certain circumstances. A person is a “keeper” of a dog if they
own it or have it in their possession. In the case of a child less than 16
owning or having a dog in their possession the head of that child’s household
may be deemed to be the keeper. That person remains the keeper until someone
else fitting the qualifications succeeds them as a keeper. The Animals Act is
very complicated and much is down to definition and case law. The best course
of action is to ensure you have full control over your dog at all times and to
question the competence of anyone you may entrust to look after your dog even
for a short period of time. We also strongly recommend you ensure you take out
third party liability cover as a precaution. A few moments thought could save a
lot of heartache and expense!
Control of Dogs Order 1992
The Control of Dogs Order 1992 requires most dogs to have a collar with the name and
address of the owner inscribed on it, or a tag/disc. While many microchip or
tattoo their dogs, these in themselves do not make you exempt from the Control
of Dogs Order and a disc/tag must still be used. It is “good practice” to check
your dogs collar and tag/disc for signs of wear and tear and to replace as
needed.
If a collar is not worn then the dog may be seized and treated as a stray dog.
The owner or person in charge of the dog at that time could be prosecuted and
fined.
Clean Neighbourhoods and
Environment Act 2005
The Clean Neighbourhoods and
Environment Act 2005 places responsibility for
stray dogs solely with Local Authorities. Previously both Local Authorities and
the Police had responsibility. Police now generally only deal with “Dangerous
Dogs” and dogs worrying livestock. Each Authority must appoint someone to carry
out the duties of a Dog Warden. The Wardens job is to seize any dog he believes
to be a stray dog. Once seized the Dog Warden must notify the owner and allow 7
full days for that owner to reclaim their dog. Clearly if a dog has no form of
identification the warden is unable to notify the owner stressing the
importance of a readable tag/disc. An owner is only entitled to reclaim his dog
once he has paid a £25 fee plus any expenses (normally each days kennelling
fees).
Once a dog has gone unclaimed for 7 full days the Dog Warden service may sell
or give the dog to a suitable person or place within a rescue organisation or
have the dog destroyed. Dog Wardens must keep a register of all dogs seized
including important details such as a description of the dog, where the dog was
found, when and any form of identification and you have the right to view the
register free of charge.
If you find a dog.
If a person finds a dog they must report it to the dog warden. The dog warden
must make a note of the dog’s details (as above), attempt to contact the dog’s
owner and list the dog on the register. If the finder then wants to keep the
dog and the dog warden is satisfied that the person is a suitable owner for the
dog then the dog warden may allow the person to keep it however the finder must
keep the dog for at least 28 days. If the finder disposes of the dog in that
time period they could be liable for prosecution. If the finder of a dog does
not want to keep the dog then the Dog Warden will seize the dog and the same
principles apply with the “seven day rule”.
If you lose a dog
If as an owner you lose a dog you should contact your local authority with
details immediately. It is also a good idea to contact the police; local vets
and rescue centres too. Placing adverts in local shops and on missing dog
websites can help alert others to the fact. Please note however that it is
illegal to place an advert for the return of a stolen or lost dogs stating, “no
questions asked” or implying the person will be free from prosecution.
Road Traffic Act 1988
The Road Traffic Act 1988 covers dogs involved in road traffic accidents and also
makes it an offence for a dog to be offlead on a designated road. Road traffic
accident does not include dogs travelling in a car that is involved in an
accident or accidents involving vehicles that are not intended or adapted for
use on roads. However if a dog runs into the road and is hit or causes an
accident there are a number of steps that must be taken. Firstly the driver of
the vehicle must stop and the owner or person in charge of the dog can ask the
driver to supply their name and address. If the driver is not the owner of the
vehicle then he must supply the owner’s details if requested. If a driver refuses
or fails to stop and give details they must report it as soon as possible, at
least within 24 hours. Failure to do so could lead to prosecution of the driver
unless the magistrates believe the driver was unaware of the accident.
Dog Control Orders
The Clean Neighbourhoods and Environment Act 2005 gives local authorities in England and Wales the power to
issue Dog Control Orders. These orders can restrict where you walks a dog on
and off lead, how many dogs you can walk at one given time and makes it an
offence not to clean up after your dog.
Failure to follow a control order can mean a fine of up to £1000. It is
important you are aware of what orders apply to which pieces of land as
ignorance is not a defence in law!
Town Police Clauses Act 1847 (outside
London) and Metropolitan Police Act 1839 (London)
The Town Police Clauses Act (outside
London) and Metropolitan Police Act (London)
make it an offence to allow an unmuzzled, ferocious dog to be left at large, or
for a person to set on or to urge any dog attack, worry or put in fear any
person or animal in the street.
The Guard Dogs Act 1975
The Guard Dogs Act makes it an
offence for a person to use or permit the use of a guard dog at any premises
unless a person (handler) who is capable of controlling the dog is present on
the premises. The dog must be under the control of the handler at all times
except when it is secured so it is not able to go freely around the premises.
Anyone with a guard dog must display a notice at each entrance of the premises
stating that a guard dog is on the premises.
Animal Welfare Act
The law came into force on
28 March 2007 in Wales and on 6 April 2007 in England.
The Animal Welfare Act includes a new 'welfare
offence' - which put simply means that the owner of a pet is legally obliged to
care for their pet properly, by providing:
If found guilty of an offence you
may be fined up to £20,000, receive a prison term of up to 51 weeks. You may be
banned from having animals and the animal/s may be destroyed.