Under this law, animal owners are under an obligation to provide and promote their pets well-being. More specifically, pets should:
have a suitable environment to live in
have a suitable diet
be able to exhibit normal behaviour patterns
have any need it has to be housed with, or apart from, other animals
be protected from pain, suffering, injury and disease
Failing to ensure these needs are met is a criminal offence, but they also risk causing suffering or stress.
Under this law it’s also illegal to dock a dog’s tail, in whole or part. The only exceptions to this rule are i) if it’s for a medical reason, ii) if the dog is to be destined as a working dog (eg to be used in the armed forces), or iii) if the dog is less than 5 days old. In any case, docking a dog’s tail can only be administered by a certified veterinarian.
There are codes of practice for the welfare of different animals:
Some types of dogs are illegal to own, breed, sell, abandon, or give away. The four banned types are:
Pit bull terrier
If you own one of these types of dogs, a court can make a destruction order (in which case the dog will be euthanised), or if they are satisfied that you are a suitable owner and that your dog doesn’t pose a risk to the general public, they can make a ‘contingent destruction order’. This means your dog will be exempt and allowed to stay with you under strict conditions including neutering, microchipping, tattooing with a unique identifier, third party insurance and registration on the Index of Exempted Dogs. The dog will need to be muzzled in public and kept on a lead.
Failing to comply with these strict conditions could lead to seizure of your dog and prosecution.
Dangerously out of control
It’s against the law to let any type of dog be dangerously out of control anywhere, such as:
- in a public place
- in a private place, for example a neighbour’s house or garden
- in the owner’s home
Your dog is considered dangerously out of control if it:
- injures someone
- makes someone worried that it might injure them
You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed (ie put down).
If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.
Several key issues come under these laws. The main one is dog fouling. Dog fouling is the most prominent and complained about nuisance.
In general, you must pick up after your dog in public with some exceptions such as woodland or land used for the grazing of animals. Local authorities have the power to impose Public Space Protection Orders (PSPOs) to prevent dog fouling. These orders may force owners to pick up after their dog or require them to carry bags with them at all times. Owners can be issued with a fixed penalty notice and prosecuted.
When dogs bark over a long period of time, they can become a nuisance. However each case is determined on its own facts will depend on the volume of barking, duration of barking and the time of day it happens.
Noise, smell, dust and other forms of pollution from a cat can all be classed as a nuisance as well.
If a complaint is made to the Council, they will investigate the noise as a potential statutory nuisance. The Council may serve a Noise Abatement Notice and the dog owner has 21 days to appeal. If the barking continues then they may prosecute the dog owner and, if convicted, the offender may be ordered to pay an unlimited fine and the Court may impose a Criminal Behaviour Order.
From April 2016, the law requires that all dogs in England, Wales, Scotland and Northern Ireland to be microchipped, and the owner’s details must be registered on one of the authorised databases (such as Petlog). This applies to all dogs and puppies over the age of eight weeks.
Exemptions can be available if a veterinarian believes that there is a valid health reason not to microchip a dog. An exemption certificate will be issued to the owner.
Owners are required to keep their dog’s details up-to-date, and if the dog is given to a new owner, the new owner must be given the correct microchip paperwork. Owners caught not registering and microchipping their dog can be faced with a fine.
All dogs must have an appropriate collar and tag with the owner’s name and address on it when in a public place, even if your dog is microchipped.
The Government is currently considering making microchipping mandatory for cats as well.