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Kennel Club Hails Changes To Dangerous Dogs Legislation In Scotland ‘a Step In The Right Direction’


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This has now been passed it seems, full bill is here: Scottish Dog Control

 

 

1. The bill modernises the law on control of dogs. It enables local authorities to impose measures on the owner, or the person in charge, of a dog where that person has failed to keep the dog under control. It also extends the liability of a person where a dog is dangerously out of control under the dangerous dogs act 1991 to all places, not only public places.

 

2. The bill repeals the dogs act 1871 ("the 1871 act"). Section 2 of that act enables a court to make an order that a dog has to be kept under control by the owner or destroyed following a complaint that it is dangerous and not kept under proper control. The bill replaces requirements under the 1871 act with a new regime of dog control notices which can be issued by local authorities without application to the courts. The dangerous dogs act 1989, which extends and supplements the 1871 act, is also repealed.

 

3.Subsection (3) makes provision as to when a dog is out of control. This requires both that the proper person is not keeping the dog under control effectively and consistently, and that the behaviour of the dog, or the size and power of the dog, gives rise to alarm or apprehensiveness on the part of any person. The two parts of the test require to be met. A dog which is large and powerful and which might otherwise cause alarm or apprehensiveness but is kept under control by the proper person is not out of control. Whereas a dog which may not be large or powerful but behaves in a manner which causes alarm or apprehensiveness and the proper person fails to control it effectively is out of control. The alarm and apprehensiveness must also be reasonable. This means that the behaviour of the dog and any resulting alarm or apprehensiveness will be viewed from an objective standpoint.

 

 

oh dear there are so many potential problems with this act :(

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