• INFORMATION FROM THE KENNEL CLUB
As a dog owner, you should be aware of laws which affect you and your dog. Here 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 has many services to help you to be a law abiding, responsible dog owner.
• Identification and Stray Dogs
Make sure your dog has a collar with your name and address inscribed. Under the control of Dogs Order 1992 every dog, while in a public place, must wear a collar with the name and address of its owner inscribed on it or on a plate or badge attached to it.
You may wish to include your name, house number, postcode, telephone number and mobile telephone number, in this way, if your dog is lost and are out looking for him, you will be contactable.
It is highly recommended that your dog is microchipped and your current details included on a national database such as Petlog to allow speedy reunification.
Be aware
Under the Environmental Protection Act 1990, dog wardens are obliged to seize stray dogs. The Police have discretionary power to seize stray dogs under the Dogs Act 1906. They are entitled to charge you fees before they will give you the dog back.
Remember
If either the Police or the dog warden seizes your dog, they are only required to keep it for 7 clear days before legally being able to sell it, give it away or even have it destroyed. Therefore, if your dog strays, you should notify both the Police and the dog warden immediately.
If a member of the public finds a stray dog they must return it to its owner, or take it to the local Police or dog warden. If the finder wants to retain the dog, this will probably be allowed provided they are considered to be capable of looking after a dog and they agree to keep it for at least 28 days. However, the original owner could still have a claim for the dog's return.
• Fouling and Lead Law
Always pick up after your dog.
If your dog defecates on designated land and you fail to remove the faeces forthwith, you will commit an offence under the Dogs (Fouling of Land) Act 1996, which could result in a fine of up to £1,000.
Make sure you are aware of local byelaws.
Byelaws are often implemented by local authorities that make it an offence for your dog
to be on a road without it being on a lead.
The Road Traffic Act 1988 states that dogs have to be kept on a lead on a designated highway. Enquire from your highways authority as to which roads are designated.
Remember the Countryside Code when out walking with your dog. This states that dogs must be kept under proper control at all times and they must be on a lead where there is livestock around. If your dog worries livestock, the farmer has the right to stop your dog (even by shooting your dog in certain circumstances).
• Dangerous Dogs
Always keep your dog under proper control.
Under the Dangerous Dogs Act 1991, if a dog is dangerously out of control in a public place a criminal offence is committed by the owner and/or the person in charge of the dog. If the dog injures a person, the penalty can include a prison sentence, a ban on having custody of a dog, and for the dog there is a presumption that it shall be destroyed.
It is important to be aware of the fact that your dog does not have to actually bite as is commonly believed; it only has to be shown that there is reasonable apprehension that it may behave aggressively. If your dog were to cause a member of the public reasonable apprehension, then that person would be entitled to report the matter to the police under the Dangerous Dogs Act 1991. Sanctions may be imposed upon you as a result of this or you may face prosecution and also run the risk of a destruction order being imposed upon your dog.
The law is designed to protect against the behaviour of a dog that may constitute a threat or cause reasonable apprehension. For example a farmer can legally shoot a dog that is in his field even if it is not chasing or worrying sheep. He merely has to think it might!
• Damage
You could be liable for damage caused by your dog under the tort of negligence or under the Animals Act 1971. It is highly advisable to have third party liability insurance cover and (preferably) pet health insurance as well.
• Vehicle Travel
Under the Road Traffic Act 1988, 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 no longer than 24 hours later. According to the Road Traffic Act 1988, dogs travelling in vehicles should not be a nuisance or in any way distract the driver during a journey.
• Breeding
Breeding and Sale of Dogs (Welfare) Act 1999
Those breeders who breed five or more litters per year must be licensed under this Act by their local authority. However, breeders with fewer litters will also need to be licensed if they are carrying on a business of breeding dogs for sale.
The Act states that licensed breeders:
a) May not mate a bitch which is under 12 months of age.
b) May not whelp more than six litters from a bitch.
c) May not whelp two litters within a 12 month period from the same bitch.
In addition, the Act confirms that:
a) The breeder must keep accurate records.
b) A puppy cannot be sold until it is at least 8 weeks of age, other than to a keeper of a licensed pet shop or Scottish rearing establishment.
• For further information contact: http://www.thekennelclub.org.uk/
The Kennel Club
1-5 Clarges Street
Piccadilly
London W1J 8AB
Tel 0870 6066750