Section 16: Exception: training dogs to follow an animal-based scent
152.Section 14(1)(b), (3)(b) and (4)(b) mean that a person will not commit an offence if section 16 applies.
153.Section 16(1) sets out when section 16 applies. The person must be directing a dog to find and follow an animal-based scent, or laying an animal-based scent for a dog to find and follow, in order to train a dog for a lawful purpose, and all of the conditions set out in subsection (2) must be met.
154.There are a wide variety of contexts in which dogs require to be trained to follow an animal-based scent. For example, dogs which are used to find invasive non-native species of wild mammal in order that they can be eradicated (such as the eradication of stoats from Orkney) need to be trained to do this.
155.Subsection (2) sets out the conditions which must be met.
156.Under paragraph (a), the activity mentioned in subsection (1)(a) must not involve more than two dogs. There is no provision for the use of more than two dogs to be licensed.
157.Under paragraph (b), any dog involved in the activity must be under control. Section 27 includes a definition of when a dog is under control. A person who is responsible for the dog (as defined in section 2(6)) must be able to direct the dog’s activity by physical contact or verbal or audible command (although they need not be continuously doing so).
158.Under paragraph (c), reasonable steps must be taken to ensure that any dog involved in the activity does not join with others to form a pack of more than two dogs. For example, the person could plan the activity to take place well away from another person carrying out similar activity, or at a different time. A dog could be recalled and put on a lead if other dogs (for example, dogs being walked by a member of the public) were in the vicinity.
159.Under paragraph (d), permission for the activity must have been given by the owner of the land on which the trail hunting takes place. If the activity takes place across land which is in different ownerships, then permission will be required from each owner in order to satisfy the condition. As a result of section 14(7), permission may be given by a person who manages, controls or is authorised to give permission to use that land for trail hunting, such as a land manager.
160.Paragraph (e) requires that reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed. For example, this might include laying the trail in an area where it is unlikely that a wild mammal will be hiding.
