Part H – Links with other legislation
The 2010 Act does not alter the present legislative position with regard to stray or abandoned dogs. Where a dog is unaccompanied in a public place the dog would continue to be treated as a stray under section 3 of the Dogs Act 1906 or sections 149 or 150 of the Environmental Protection Act 1990.
Section 49(1) of the Civic Government (Scotland) Act 1982 makes it an offence for any person to allow any creature, including a dog, to cause injury or danger to any other person who is in a public place or to give that person reasonable cause for alarm or annoyance. Any person convicted for such an offence is liable to a fine not exceeding £500. Section 49(2) of the 1982 Act permits any person to apply for a court order in relation to annoyance caused by an animal in the vicinity of where the person resides.
If the court grants the order, such steps as deemed necessary by the court that the person keeping the animal should take to bring the annoyance to an end will be included in the order. This provision is used on occasion in cases where a dog barks excessively to the annoyance of neighbours. Breach of such an order by the person in charge of the animal is a criminal offence and the person can be fined up to £1000.
Animal Health and Welfare (Scotland) Act 2006
Section 34 of the Animal Health and Welfare (Scotland) Act 2006 allows a court to make a “Disposal Order” in relation to animals seized under section 32 (Taking possession of animals to protect them from suffering). A Disposal Order can be for the sale of the animal and the money raised can be used to offset any expenses incurred by the local authority or police.
At home, in someone else’s home, or on private property
Allowing your dog to be ‘dangerously out of control’ is against the law on private property, as well as in public. An exemption is in place if a dog bites someone who has no legal right to be in your home, for example a burglar.
You will need to make sure your dog is not a threat to delivery drivers, postal workers, health workers and other professionals who may visit your property.
A dog doesn’t have to bite or physically injure someone for an offence to take place. If a person feels your dog may hurt them, they may still be considered ‘dangerously out of control’. This applies to dogs of all sizes, breeds and types.
We strongly recommend reading about canine body language so you can tell when your dog is uncomfortable in a situation at home.
Owners can be prosecuted if their dog attacks someone in their home, including in their front and back gardens, or in private property, such as a pub.
Law: Anti-social Behaviour, Crime and Policing Act 2014, sections 106 and 107 amends the Dangerous Dogs Act 1991
It’s natural for dogs to bark sometimes. But when they bark a lot over a long period of time they can become a noisy nuisance to your neighbours.
Usually, when dogs bark persistently over a long period of time, its because they are distressed. Common reasons include:
We recommend contacting a qualified behaviourist to help you understand the underlying issue and support you to improve this.
Dog barking can be classed as a statutory nuisance. Your local authority’s environmental health department can formally ask you to stop your dog from continuing the behaviour and, if you don’t, they can take your dog away from you. Not only this, but prolonged periods of barking can be stressful for your dog and have an impact on their wellbeing.
Law: Environmental Protection Act 1990
We recommend checking your local authority’s website to find out about any specific laws or restrictions on dogs in your area.
Dog fouling (picking up poop after your dog) consistently ranks as the number one thing local councils receive complaints about.
You must scoop that poop in public places. Dog poop not cleaned up can cause illness in people, livestock and wild animals.
If you cant find a rubbish bin while out and about then you need to take the poo bags home with you and use your own bin.
It might seem like not much harm has been done, but canine faeces can contain parasites that, if not cleaned up, can spread to grass. If this grass is eaten it can cause pregnant cattle to lose their young, as well as blindness in humans.
Owners of assistance dogs who have a disability that prevents them from picking up poo, for example a Guide Dog walked by a registered blind person, are exempt from these rules.
Owners can be issued with a fixed penalty notice of up to £100 or a fine of £1000 if prosecuted for not complying with regulations.
Law: Environmental Protection Act (1990), Litter (Animal Droppings) Order 1991; Anti-social Behaviour, Crime and Policing Act 2014, The Countryside Code.
There is no blanket law requiring dogs to be kept on a lead in all public spaces. However, there are a series of orders that mean you have to leash your dog in certain places in your local area, for example children’s play areas, sports pitches, roads, parks and beaches.
The Highway Code also says that dogs should be kept on a short lead along roads and on paths shared with horse riders or cyclists (rule 56).
Many local authorities have introduced Public Spaces Protection Orders over the last couple of years to restrict dogs to being walked on lead (or excluded from the area entirely) in certain public spaces. Look out for signage detailing restrictions. We also recommend checking your local council’s website for details of any restricted areas.
Local authorities have the power to introduce these orders under a number of different laws, and can issue fines or fixed penalty notices for those who don’t comply.
Law: Road Traffic Act 1988, section 27; Anti-social Behaviour, Crime and Policing Act 2014