The Dogs Fouling of Land Act 1996 has been repealed but existing designations remain in force until any dog control order is made on the same land.

Dog Control Orders can be made to control:

• Dog fouling
• Restriction of dogs from certain land
• Areas where dogs have to be kept on a lead
• Areas where dogs have to kept on a lead when instructed
• Restrictions on multiple dog walking

Unlike Dog Byelaws, Control Orders can be made at a local level by a local authority or a parish council. Breach of a control order can attract a maximum fine of level 3 on that standard scale (currently £1000).

Alternatively, the opportunity to pay a fixed penalty may be offered in place of prosecution. Prior to a control order being made a period of local consultation and notices in local press is required.

For guidance on making a dog control see

• Dog Control Orders (180 KB)

Dog Control Order regulations:

• The Dog Control Orders (Procedures) Regulations 2006 (on OPSI website)
• The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 (on OPSI website)

Dog byelaws

Dog byelaws are local laws which apply to land designated by local authorities, parish, town and community councils.

These byelaws can require people to keep their dog on a lead, require people to keep their dog on a lead if directed to do so, require people to clear up after their dogs, ban dogs from beaches and ban dogs completely.

Details of existing dog byelaws in your area can be requested from your local authority.

There will be new regulations on pet vending.  At present, we are considering making the following changes. These will, of course, be subject to public consultation and Parliamentary approval.

• • Pet shops should continue to be licensed with renewal every three years rather than annually, with inspections on a risk managed basis.

• • Local Authorities will issue licences and will have powers to inspect, and to withhold or revoke licences.

• • Businesses that use internet sites for selling should be licensed in the same way as conventional pet shops.

• • Pet shops and commercial premises where animals are kept prior to sale will be subject to a code of practice, approved by Parliament and enforced by the Local Authority.

• • A member of the management of a pet shop or animal internet selling site should have a suitable animal welfare qualification (for new entrants only).

• Written advice addressing the welfare needs of the animal being sold will be made available to buyers at pet shops and on internet selling sites.

Pet fairs

There is some confusion over the interpretation of existing law about the licensing of pet fairs. In addition, some people have concerns about welfare standards at these events.

Because of these two factors, the governments is proposing to modernise the law by prohibiting the sale of animals, where this is part of a business, to members of the public at pet fairs.

However, we also propose to make exceptions to this prohibition in the case of koi carp shows, racing pigeon sales and poultry sales.  These types of events will be licensed by local authorities under regulations to be made under the Animal Welfare Act.

Those events where there is either no selling of animals to members of the public; or where there is selling of animals but where it is not in the course of a business, such as hobbyists selling excess stock, will continue to take place without the requirement to be licensed.

We believe that the revised proposals on pet fairs together with the proposals to raise the standards of pet vending generally, as well as the introduction of the welfare offence for companion animals, provide the best protection yet for animals at pet fairs.

From 6 April 2007 in England, and 28 March in Wales, the mutilation of animals was banned under the Animal Welfare Act 2006, with certain exemptions set out in the 2007 and the 2008 (Amendment) Regulations. “Mutilation” covers any procedure that involves interference with the sensitive tissues or bone structure of an animal other than for therapeutic purposes (medical treatment).

Certain procedures are exempt from the ban because of long-term welfare or management benefits. There are some specific requirements on how many of the procedures are performed, and all must be carried out in a way that keeps pain to a minimum, under hygienic conditions, and in accordance with good practice.

The Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2008, which came into force on 3 June 2008, amend the 2007 Regulations and have the effect of:

• Allowing certain artificial insemination techniques in sheep and goats. These are:

• • Ovum transplantation, including ovum collection, by a surgical method
  • Embryo collection or transfer by a surgical method
  • Laparoscopic insemination for the purpose of breed improvement programmes

• Allowing the wing and web tagging of non-farmed birds for conservation purposes (including education and captive breeding programmes) and for research.
• Allowing the wing and web tagging of farmed birds involved in breed improvement programmes and for identification for disease testing purposes.
• Allowing the neck tagging and web notching of farmed ducks involved in breed improvement programmes.

Certain drafting changes have also been made in order to ensure compliance with relevant EU Directives on the welfare of pigs and laying hens – these amendments are not intended to affect current farming practice.

A public consultation on the Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2008 ran from November 13th 2007 and closed on February 13th 2008. More information on the consultation is available here, including a summary of the responses to the consultation (PDF). Impact assessments for both the wing–tagging and for the sheep and goat procedures and for can be found in the 2008 (Amendment) Regulations explanatory memorandum (on pages 4 and 14 respectively).

These exemptions largely consolidate and replicate existing legislation. There have been no very significant changes to the status quo.

A full version of both the original 2007 Regulations and the 2008 (Amendment) Regulations (including their Explanatory Memoranda) can be obtained from the Office of Public Sector Information.

Wing and web tagging

Guidance on the legal status of wing and web tagging may be found here.

Tail Docking

This information applies to England only.

The docking of dogs’ tails has been banned in England since 6 April 2007.

There are exemptions from the ban for certain types of working dog, or where docking is performed for medical treatment.

There is also a ban on the showing of dogs docked after this date at events where members of the public have paid an entrance fee. This ban does not apply where a dog is shown only for the purpose of demonstrating its working ability.

The exemption allows certain types of working dog to have their tails docked by a veterinary surgeon. The dog has to be no more than 5 days old and the veterinary surgeon must certify that he or she has seen evidence that the dog is likely to work in one of the specified areas.

Owners and keepers wishing to have a working dog’s tail docked must ensure that this is undertaken in accordance with the law.

To access the Animal Welfare Act 2006 and The Docking of Working Dogs’ Tails (England) Regulations 2007 visit the Office of Public Sector Information.

Wales and Scotland

The Animal Welfare Act 2006, which contains a general ban on the tail docking of dogs, and the limited exemption to it, applies to England and Wales only.  However, regulations detailing how working dogs are identified and certificated have been made separately in the two countries and differ in certain details.

Further information on the Welsh regulations may be found on the Welsh Assembly Government’s website.

The Animal Health and Welfare Act 2006 in Scotland includes a total ban on all non-therapeutic tail docking of dogs.  Further information on animal welfare legislation may be found on the Scottish Government’s website.

Certificate

When docking and micro-chipping a dog, vets must issue a certificate (91 kb) as detailed in the Regulations. This form of words must be used by vets when issuing a certificate for a docked dog and can be downloaded onto veterinary practice notepaper.

Consultation

A public consultation on the exact details of both sets of the draft Regulations was held and further details about the consultation (now closed) are still available.

Q&A

What kind of working dogs can be docked?

In England, Any spaniel, terrier, hunt point retrieve breed or their crosses can be docked (as long as the necessary evidence indicating that they are likely to work is produced).

What kind of evidence do I need to prove that my dog will work in order to have it docked?

The puppy must be presented with the dam, and a statement provided by the owner (or the owner’s representative) that the dog is intended to work in one of the specified areas. Additional evidence related to the particular type of work the dog will perform is also required. This is detailed in the regulations.

Can I continue to show my dog if it is already docked?

The showing ban, at events to which the public is charged for admission, only applies to dogs docked on or after 6 April 2007.

Can my dog participate in field trials if it has been docked?

Yes.

Must a vet dock a working dog’s tail if asked to do so?

No – the decision is discretionary. The legislation does not require a vet to dock an eligible dog’s tail.

How do I know if my dog’s tail has been legally docked?

Dogs which have been legally docked must have a certificate issued by a vet. The certificate contains certain information required by law and must be signed by a vet.

When did the Animal Welfare Act come into effect?

From 6 April 2007 (and in Wales from 27 March 2007), animal welfare law was improved.

Not only is it against the law to be cruel to an animal, you must also ensure that all the welfare needs of your animals are met.

What does the Animal Welfare Act do?

It makes owners and keepers responsible for ensuring that the welfare needs of their animals are met.

These include the need:

1. For a suitable environment (place to live)
2. For a suitable diet
3. To exhibit normal behaviour patterns
4. To be housed with, or apart from, other animals (if applicable)
5. To be protected from pain, injury, suffering and disease

The law also increases to 16 the minimum age at which a person can buy an animal and prohibits giving animals as prizes to unaccompanied children under this age.

Anyone who is cruel to an animal, or does not provide for its welfare needs, may be banned from owning animals, fined up to £20,000 and/or sent to prison.

More details of how the Act affects people are available here.

Defra has produced the following leaflet about the Act which can be downloaded here:

Secondary legislation

The Act enables the government and Parliament to make secondary legislation on specific issues. More information on secondary legislation is available here; and some extra information on some of these issues in particular can be found here:

Mutilations and Tail Docking
Guidance on the legal status of wing and web tagging
Racing Greyhounds
Pet Fairs and Pet Sales
Primates as Pets
Wild Animals in Circuses
Game Birds

Improvement Notice Template

This template is intended for use by official enforcers of the Animal Welfare Act 2006 (ie Animal Health and local authorities)

• Improvement Notice Template (35 KB)
• Guidance for Inspectors on the issue of improvement notices (25 KB)

Further information

For further information please contact the Defra Helpline by telephone on 08459 33 55 77 or by email at helpline@defra.gsi.gov.uk

Animal Welfare Act 2006 (PDF DOWNLOAD)

Under the 1991 Act (and as amended in 1997) it is illegal to own any Specially Controlled Dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants. The Act also bans the breeding, sale and exchange of these dogs, even if they are on the Index of Exempted Dogs.[1]

Four types in particular were identified by the Act:

* Pit Bull Terrier (a description which has led to some confusion, as the “Pit bull” is not a breed in and of itself but encompasses a range of breeds)
* Japanese Tosa
* Dogo Argentino
* Fila Brasileiro

The Act also cover cross breeds of the above four types of dog. Dangerous dogs are classified by ‘type’, not by breed label. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited ‘type’. This assessment of the physical characteristics is made by a court.

The Index of Exempted Dogs is maintained by the Animal Welfare section of the Department for Environment, Food and Rural Affairs, which administers the registration of specially-controlled dogs in England and Wales.

In 1991 and 1992 details of all Specially Controlled Dogs and their owners and keepers had to be added to the Index of Exempted Dogs. From early 1992 to 1997 no dogs were allowed to be added to the Index. In 1997 The Dangerous Dogs (Amendment) Act 1997 was passed which made some changes.[2] From 1997 any Court was able to order that a specific dog be added to the Index by the issue of a Court Order.

Under the 1991 Act as amended it remains illegal to own any of these dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants.

There have been several test cases of the Act, most famously Dempsey (a pit bull terrier) who in 1995 was finally reprieved from a destruction order, to widespread media attention. The definition of the word “type” in the legislation was of particular controversy, as was the lack of discretion that the Act gives magistrates.

The Act has been described as a piece of rushed legislation which was an overreaction to a transient public mood.[4][5] The Act is sometimes cited as an unfavourable example of such legislation, and in January 2007 was included in public responses to a BBC Radio 4 poll of unpopular UK legislation.

Article Source

1. ^ DEFRA leaflet
2. ^ 1997 The Dangerous Dogs (Amendment) Act 1997
3. ^ DEFRA leaflet
4. ^ BBC NEWS | UK | Dog control laws and pit bulls
5. ^ The Lords is the more democratic house – Telegraph
6. ^ fabians.org.uk
7. ^ Whatever happened to dangerous dogs?
8. ^ BBC NEWS | UK | Hunting ban tops ‘unpopular’ poll
9. ^ Restricted Dog Breeds in Rockingham, Western Australia

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