Dangerous Dogs Act 1991 (c. 65)
1991 Chapter c. 65

ARRANGEMENT OF SECTIONS

Sections.

   1. Dogs bred for fighting.
   2. Other specially dangerous dogs.
   3. Keeping dogs under proper control.
   4. Destruction and disqualification orders.
   5. Seizure, entry of premises and evidence.
   6. Dogs owned by young persons.
   7. Muzzling and leads.
   8. Power to make corresponding provision for Northern Ireland.
   9. Expenses.
 10. Short title, interpretation, commencement and extent.

 

Dogs bred for fighting.

1.--(1) This section applies to--

          (a) any dog of the type known as the pit bull terrier;

          (b) any dog of the type known as the Japanese tosa; and

          (c) any dog of any type designated for the purposes of this section by
          an order of the Secretary of State, being a type appearing to him to be
          bred for fighting or to have characteristics of a type bred for that
          purpose.

    (2) No person shall--

          (a) breed, or breed from, a dog to which this section applies;

          (b) sell or exchange such a dog or offer, advertise or expose such a dog
          for sale or exchange;

          (c) make or offer to make a gift of such a dog or advertise or expose
          such a dog as a gift;

          (d) 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

          (e) abandon such a dog of which he is the owner or, being the owner
          or for the time being in charge of such dog, allow it to stray.

    (3) 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--

          (a) in pursuance of the power of seizure conferred by the subsequent
          provisions of this Act; or

          (b) 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.

    (4) 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.

    (5) 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.

    (6) 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.

    (7) 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 to the order in contravention
of subsection (2)(b) or (c)--

          (a) 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

          (b) 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.

    (8) An order under subsection (1)(c) above adding dogs of any type to those
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.

    (9) 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.

Other specially dangerous dogs.

2.--(1) 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.

    (2) 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.

    (3) 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.

    (4) 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.

    (5) 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.

Keeping dogs under proper control.

3.--(1) If a dog is dangerously out of control in a public place--

          (a) the owner ; and

          (b) if different, the person for the time being in charge of the dog,

is guilty of an offence, or, if the dog while so out of control injures any person,
an aggravated offence, under this subsection.

    (2) In proceedings for an offence under subsection (1) above against a
person who is the owner of a dog but was not at the material time in charge
of it, it shall be a defence for the accused to prove that the dog was at the
material time in the charge of a person whom he reasonably believed to be
a fit and proper person to be in charge of it.

    (3) If the owner or, if different, the person for the time being in charge of
a dog allows it to enter a place which is not a public place but where it is not
permitted to be a and while it is there--

          (a) it injures any person; or

          (b) there are grounds for reasonable apprehension that it will do so,

he is guilty of an offence, or, if the dog injures any person, an aggravated
offence, under this subsection.

    (4) A person guilty of an offence under subsection (1) or (3) above other
that an aggravated offence is 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; and a person guilty of an aggravated offence under
either of those subsections is liable--

          (a) on summary conviction, to imprisonment for a term not exceeding
          six months or a fine not exceeding the statutory maximum or both;

          (b) on conviction on indictment, to imprisonment for a term not
          exceeding two years or a fine or both;

    (5) It is hereby declared for the avoidance of doubt that an order under
section 2 of the [1871 c. 56] Dogs Act 1871 (order on complaint that dog is
dangerous and not kept under proper control)--

          (a) may be made whether or not the dog is shown to have injured any
          person; and

          (b) 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.

    (6) If it appears to a court on a complaint under section 2 of the said
Act of 1871 that the dog to which relates is male and would be less
dangerous if neutered the court may under that section make an order
requiring it to be neutered.

    (7) The reference in section 1(3) of the [1989 c. 30] Dangerous Dogs
Act 1871 (penalties) to failing to comply with an order under section 2 of
the said Act of 1871 to keep a dog under proper control shall include a
reference to failing to comply with any other made under that section; but
no order shall be made under that section by virtue of subsection (6)
above where the matters complained of arose before the coming into force
of that subsection.

Destruction and disqualification orders.

4.--(1) Where a person is convicted of an offence under section 1
or 3(1) or (3) above or of an offence under an order made under section 2
above the court--

          (a) may order the destruction of any dog in respect of which the
          offence was committed and shall do so in the case of an offence
          under section 1 or an aggravated offence under section 3(1) or (3)
          above; and

          (b) may order the offender to be disqualified, for such a period as the
          court thinks fit, for having custody of a dog.

    (2) Where a court makes an order under subsection (1)(a) above for the
destruction of a dog owned by a person other than the offender, then, unless
the order is one that the court is required to make, the owner may appeal to
the Crown Court against the order.

    (3) A dog shall not be destroyed pursuant to an order under subsection (1)(a)
above--

          (a) until the end of the period for giving notice of appeal against the
          conviction or, where the order was not one which the court was required
          to make, against the order; and

          (b) if notice of appeal is given within that period, until the appeal is
          determined or withdrawn,

unless the offender and, in a case to which subsection (2) above applies, the
owner of the dog give notice to the court that made the order that there is to
be no appeal.

    (4) Where a court makes an order under subsection (1)(a) above it may--

          (a) appoint a person to undertake the destruction of the dog and require
          any person having custody of it to deliver it up for that purpose; and

          (b) order the offender to pay such sum as the court may determine to be
          the reasonable expenses of destroying the dog and of keeping it pending
          its destruction.

    (5) Any sum ordered to be paid under subsection (4)(b) above shall be
treated for the purposes of enforcement as if it were a fine imposed on
conviction.

    (6) Any person who is disqualified for having custody of a dog by virtue of
an order under subsection (1)(b) above may, at any time after the end of the
period of one year beginning with the date of the order, apply to the court
that made it (or a magistrates' court acting for the same petty sessions area as
that court) for a direction terminating the disqualification.

    (7) On an application under subsection (6) above the court may--

          (a) having regard to the applicant's character, his conduct since the
          disqualification was imposed and any other circumstances of the case,
          grant or refuse the application; and

          (b) order the applicant to pay all or any part of the costs of the
          application;

and where an application in respect of an order is refused no further
application in respect of that order shall be entertained if made before
the end of the period of one year beginning with the date of the refusal.

    (8) Any person who--

          (a) has custody of a dog in contravention of an order under
          subsection (1)(b) above; or

          (b) fails to comply with a requirement imposed on him under
          subsection (4)(a) above,

is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standing scale.

    (9) In the application of this section to Scotland--

          (a) in subsection (2) for the words "Crown Court against the order"
          there shall be substituted the words "High Court of Justiciary against
          the order within the period of seven days beginning with the date of
          the order"

          (b) for subsection (3)(a) there shall be substituted--
                         
                         "(a) until the end of the period of seven days beginning with
                         the date of the order"

          (c) for subsection (5) there shall be substituted--

                         "(5) Section 411 of the [1975 c. 21.] Criminal Procedure
                         (Scotland) Act 1975 shall apply in relation to the recovery
                         of sums ordered to be paid under subsection (4)(b) above
                         as it applies to fines ordered to be recovered by civil
                         diligence in pursuance of Part II of that Act"

and;

          (d) in subsection (6) the words "(or a magistrates' court acting for the
          same petty sessions area as that court)" shall be omitted.

Seizure, entry of premises and evidence

   5.--(1) A constable or an officer of a local authority authorised by it to
exercise the powers conferred by this subsection may seize--

          (a) any dog which appears to him to be a dog which section 1 above
          applies and which is in a public place--
                    (i) after the time when possession or custody of it has become
                    unlawful by virtue of that section; or
                   (ii) before that time, without being muzzled and kept on a lead;

          (b) any dog in a public place which appears to him to be a dog to which
          an order under section 2 above applies and in respect of which an
          offence against the order has been or is being committed; and

          (c) any dog in a public place ( whether or not one to which that section
          or such an order applies) which appears to him to be dangerously out
          of control.

    (2) If a justice of the peace is satisfied by information on oath, or in Scotland
a justice of the peace or sheriff is satisfied by evidence on oath, that there are
reasonable grounds for believing--

          (a) that an offence under any provision of this Act or of an order under
          section 2 above is being or has been committed; or

          (b) that evidence of the commission of any such offence is to be found,

on any premises he may issue a warrant authorising a constable to enter those
premises (using such force as is reasonably necessary) and to search them and
seize any dog or other thing found there which is evidence of the commission
of such an offence.

    (3) A warrant issued under this section in Scotland shall be authority for
opening lockfast places and may authorise persons named in the warrant to
accompany a constable who is executing it.

    (4) Where a dog is seized under subsection (1) or (2) above 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 section 2 above
in respect of that dog (whether because the owner cannot be found or for any
other reason) he may order the destruction of the dog and shall do so if it is one
to which section 1 above applies.

    (5) If in any proceedings it is alleged by the prosecution that a dog is one
to which section 1 or an order under section 2 above applies it shall be
presumed that it is such a dog unless the contrary is shown by the accused
by such evidence as the court considers sufficient; and the accused shall not
be permitted to adduce such evidence unless he has given the prosecution
notice of his intention to do so not later than the fourteenth day before that
on which the evidence is to be adduced.

Dogs owned by young persons.

   6.--(1) 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.

Muzzling and leads.

   7.--(1) In this Act--

          (a) references to a dog being muzzled are to its being securely fitted with
          a muzzle sufficient to prevent it biting any person; and

          (b) 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.

    (2) 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.

    (3) The power to make an order under subsection (2) above shall be
exercisable by statutory instrument subject to an annulment in pursuance of a resolution of either House of Parliament.

Power to make corresponding provision for Northern Ireland.

   8. An Order in Council under paragraph 1(1)(b) of Schedule 1 to
the [1974 c.28.] Northern 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--

          (a) shall not be subject to paragraph 1(4) and (5) of that Schedule
          (affirmative resolution of both Houses of Parliament); but

          (b)shall be subject to annulment in pursuance of a resolution of either
          House.

Expenses

   9. Any expenses incurred by the Secretary of State in consequence of this
Act shall be paid out of money provided by Parliament. 

Short title, interpretation, commencement and extent.

   10. This Act may be cited as the Dangerous Dogs Act 1991

    (2) In this Act--

          "advertisement" includes any means of bringing a matter to the attention
          of the public and "advertise" shall be construed accordingly;

          "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.

    (3) 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, whether or not it actually does so,
but references to a dog injuring a person 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.

    (4) 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.

    (5) Except for section 8, this Act does not extend to Northern Ireland.