Dangerous Dogs Act 1991 in Scotland
1991 c. 65 · Enacted 25 July 1991 · Extends to United Kingdom
An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs pending the coming into force of the prohibition; to enable restrictions to be imposed in relation to other types of dog which present a serious danger to the public; to make further provision for securing that dogs are kept under proper control; and for connected purposes.
[25th July 1991] I1
C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act (except s.1): functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Commencement
- I1
Act partly in force at Royal Assent and wholly in force at 12.8.1991, see s. 10(4) and S.I. 1991/1742, art. 3.
Contents
- 1Dogs bred for fighting.
- 2Other specially dangerous dogs.
- 4AContingent destruction orders.
- 4BDestruction orders otherwise than on a conviction.
- 6Dogs owned by young persons.
- 7Muzzling and leads.
- 8Power to make corresponding provision for Northern Ireland.
- 9Expenses.
- 10Short title, interpretation, commencement and extent.
1Dogs bred for fighting.I1 E+W+S
This section applies to—
any dog of the type known as the pit bull terrier;
any dog of the type known as the Japanese tosa; and
No person shall—
breed, or breed from, a dog to which this section applies;
sell or exchange such a dog or offer, advertise or expose such a dog for sale or exchange;
make or offer to make a gift of such a dog or advertise or expose such a dog as a gift;
allow such a dog of which he is the owner or of which he is for the time being in charge to be in a public place without being muzzled and kept on a lead; or
abandon such a dog of which he is the owner or, being the owner or for the time being in charge of such a dog, allow it to stray.
After such day as the Secretary of State may by order appoint for the purposes of this subsection no person shall have any dog to which this section applies in his possession or custody except—
in pursuance of the power of seizure conferred by the subsequent provisions of this Act; or
in accordance with an order for its destruction made under those provisions;
but the Secretary of State shall by order make a scheme for the payment to the owners of such dogs who arrange for them to be destroyed before that day of sums specified in or determined under the scheme in respect of those dogs and the cost of their destruction.
Subsection (2)(b) and (c) above shall not make unlawful anything done with a view to the dog in question being removed from the United Kingdom before the day appointed under subsection (3) above.
The Secretary of State may by order provide that the prohibition in subsection (3) above shall not apply in such cases and subject to compliance with such conditions as are specified in the order and any such provision may take the form of a scheme of exemption containing such arrangements (including provision for the payment of charges or fees) as he thinks appropriate.
A scheme under subsection (3) or (5) above may provide for specified functions under the scheme to be discharged by such persons or bodies as the Secretary of State thinks appropriate.
A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is a fit and proper person to be in charge of a dog.
Any person who contravenes this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both except that a person who publishes an advertisement in contravention of subsection (2)(b) or (c)—
shall not on being convicted be liable to imprisonment if he shows that he published the advertisement to the order of someone else and did not himself devise it; and
shall not be convicted if, in addition, he shows that he did not know and had no reasonable cause to suspect that it related to a dog to which this section applies.
An order under subsection (1)(c) above adding dogs of any type to those to which this section applies may provide that subsections (3) and (4) above shall apply in relation to those dogs with the substitution for the day appointed under subsection (3) of a later day specified in the order.
The power to make orders under this section shall be exercisable by statutory instrument which, in the case of an order under subsection (1) or (5) or an order containing a scheme under subsection (3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2Other specially dangerous dogs.I1 E+W+S
If it appears to the Secretary of State that dogs of any type to which section 1 above does not apply present a serious danger to the public he may by order impose in relation to dogs of that type restrictions corresponding, with such modifications, if any, as he thinks appropriate, to all or any of those in subsection (2)(d) and (e) of that section.
An order under this section may provide for exceptions from any restriction imposed by the order in such cases and subject to compliance with such conditions as are specified in the order.
An order under this section may contain such supplementary or transitional provisions as the Secretary of State thinks necessary or expedient and may create offences punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
In determining whether to make an order under this section in relation to dogs of any type and, if so, what the provisions of the order should be, the Secretary of State shall consult with such persons or bodies as appear to him to have relevant knowledge or experience, including a body concerned with animal welfare, a body concerned with veterinary science and practice and a body concerned with breeds of dogs.
The power to make an order under this section shall be exercisable by statutory instrument and no such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
4AContingent destruction orders.F1 E+W+S
Where—
a person is convicted of an offence under section 1 above or an aggravated offence under section 3(1) F2... above;
the court does not order the destruction of the dog under section 4(1)(a) above; and
in the case of an offence under section 1 above, the dog is subject to the prohibition in section 1(3) above,
the court shall order that, unless the dog is exempted from that prohibition within the requisite period, the dog shall be destroyed.
Where an order is made under subsection (1) above in respect of a dog, and the dog is not exempted from the prohibition in section 1(3) above within the requisite period, the court may extend that period.
Subject to subsection (2) above, the requisite period for the purposes of such an order is the period of two months beginning with the date of the order.
Where a person is convicted of an offence under section 3(1) F3... above, the court may order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed.
An order under subsection (4) above—
may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise; and
if it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered.
Subsections (2) to (4) of section 4 above shall apply in relation to an order under subsection (1) or (4) above as they apply in relation to an order under subsection (1)(a) of that section.
4BDestruction orders otherwise than on a conviction.F1 E+W+S
Where a dog is seized under section 5(1) or (2) below F2or in exercise of a power of seizure conferred by any other enactment and it appears to a justice of the peace, or in Scotland a justice of the peace or sheriff—
that no person has been or is to be prosecuted for an offence under this Act or an order under section 2 above in respect of that dog (whether because the owner cannot be found or for any other reason); or
that the dog cannot be released into the custody or possession of its owner without the owner contravening the prohibition in section 1(3) above,
he may order the destruction of the dog and, subject to subsection (2) below, shall do so if it is one to which section 1 above applies.
Nothing in subsection (1)(b) above shall require the justice or sheriff to order the destruction of a dog if he is satisfied—
that the dog would not constitute a danger to public safety; and
where the dog was born before 30th November 1991 and is subject to the prohibition in section 1(3) above, that there is a good reason why the dog has not been exempted from that prohibition.
For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff—
must consider—
the temperament of the dog and its past behaviour, and
whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
may consider any other relevant circumstances.
Where in a case falling within subsection (1)(b) above the justice or sheriff does not order the destruction of the dog, he shall order that, unless the dog is exempted from the prohibition in section 1(3) above within the requisite period, the dog shall be destroyed.
Subsections (2) to (4) of section 4 above shall apply in relation to an order under subsection (1)(b) or (3) above as they apply in relation to an order under subsection (1)(a) of that section.
Subsections (2) and (3) of section 4A above shall apply in relation to an order under subsection (3) above as they apply in relation to an order under subsection (1) of that section, except that the reference to the court in subsection (2) of that section shall be construed as a reference to the justice or sheriff.
6Dogs owned by young persons.I1 E+W+S
Where a dog is owned by a person who is less than sixteen years old any reference to its owner in section 1(2)(d) or (e) or 3 above shall include a reference to the head of the household, if any, of which that person is a member or, in Scotland, to the person who has his actual care and control.
7Muzzling and leads.I1 E+W+S
In this Act—
references to a dog being muzzled are to its being securely fitted with a muzzle sufficient to prevent it biting any person; and
references to its being kept on a lead are to its being securely held on a lead by a person who is not less than sixteen years old.
If the Secretary of State thinks it desirable to do so he may by order prescribe the kind of muzzle or lead to be used for the purpose of complying, in the case of a dog of any type, with section 1 or an order under section 2 above; and if a muzzle or lead of a particular kind is for the time being prescribed in relation to any type of dog the references in subsection (1) above to a muzzle or lead shall, in relation to any dog of that type, be construed as references to a muzzle or lead of that kind.
The power to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
8Power to make corresponding provision for Northern Ireland.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to the purposes of this Act—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
9Expenses.I1 E+W+S
Any expenses incurred by the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.
10Short title, interpretation, commencement and extent.I1 E+W+S
This Act may be cited as the Dangerous Dogs Act 1991.
In this Act—
“advertisement” includes any means of bringing a matter to the attention of the public and “advertise” shall be construed accordingly;
F1“assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;
“public place” means any street, road or other place (whether or not enclosed) to which the public have or are permitted to have access whether for payment or otherwise and includes the common parts of a building containing two or more separate dwellings.
For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person F2or assistance dog, whether or not it actually does so, but references to a dog injuring a person F3or assistance dog or there being grounds for reasonable apprehension that it will do so do not include references to any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown.
Except for section 8, this Act shall not come into force until such day as the Secretary of State may appoint by an order made by statutory instrument and different days may be appointed for different provisions or different purposes.
Except for section 8, this Act does not extend to Northern Ireland.