Animals and the Law

The Animal Welfare Act 2006 and the Animal Health and Welfare Act (Scotland) 2006 place a duty of care on all pet owners to provide for their animal's basic needs, including adequate food and water, exercise, a suitable place to live and access to veterinary treatment. Under the Act, an animal does not have to suffer in order for its owners to be prosecuted for a welfare offence.

The Dangerous Dogs Act 1991 makes it an offence to keep any dog of the type known as Pit Bull Terrier, Japanese Tosa, Dogo Argentino or Fila Brasilero, except for dogs listed on the Index of Exempted Dogs. The Act also makes it a criminal offence to allow any dog to be dangerously out of control. This includes instances where there is simply a fear that an injury may occur.

The Dangerous Wild Animals Act 1976 promotes public safety by regulating how dangerous wild animals are kept by individuals. Animals deemed as dangerous under the Act, such as monkeys, crocodiles and venomous snakes, require a licence from the local authority.

The Clean Neighbourhoods and Environment Act 2005 allows local authorities to tackle issues such as dog fouling and stray dogs. Through the use of dog control orders, local authorities can ban dogs from certain areas, require dogs to be kept on a lead, restrict the number of dogs that can be walked by one person and fine anyone who does not clean up their dog's faeces. Violation of a dog control order can result in a fixed penalty or in some cases a fine of up to £1000.

The Environmental Protection Act 1990 states that it is an offence to keep any animal in a place or a manner that is prejudicial to health, causes a nuisance or emits noise from a building that causes a nuisance. The civil law of nuisance covers keeping any animal in circumstances that cause a substantial discomfort or annoyance either to the general public or a particular person. Examples of such behaviour include excessive barking, a large number of dogs running loose or keeping an excessive number of cats.

The Control of Dogs Order 1992 requires every dog in public to wear a collar bearing the name and address of its owner inscribed on it or on a disc attached to it. If a dog is not wearing a collar when out in public, it may be seized by the local authority and treated as a stray. The owner or person responsible for the dog may also be prosecuted and fined.

The Guard Dogs Act 1975 makes it an offence to use or permit the use of a guard dog on any premises unless the handler is capable of controlling it, is present on the premises and has control of the dog at all times, except when the dog is secured. A warning that a guard dog is present must be clearly displayed at each entrance to the premises.

The Breeding of Dogs Act 1973, the Breeding of Dogs Act 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999 require anyone who breeds and sells dogs as a business (more than four litters a year) to obtain a licence from the local authority.

The Road Traffic Act 1998 stipulates that it's an offence to have a dog on a designated road without it being held on a lead.

The Animals Act 1971 states that the owner or person responsible for any animal must take reasonable care to ensure that it does not cause injury or damage. The owner can be held liable for any damage caused.

The Protection Against Cruel Tethering Act 1988 states that it's an offence to tether any horse, ass or mule under such conditions or in such a manner as to cause that animal unnecessary suffering.

It is a legal requirement for all dogs to be microchipped by the age of eight weeks. The microchip must be registered to a database and the keeper’s details kept up to date at all times. This guarantees that an owner can be traced quickly and their dog returned should they go missing.