PART 7Dangerous dogs

I1107Whether a dog is a danger to public safety

1

The Dangerous Dogs Act 1991 is amended as follows.

2

In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

6A

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.

3

In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—

1B

For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—

a

must consider—

i

the temperament of the dog and its past behaviour, and

ii

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

b

may consider any other relevant circumstances.

4

Section 4B (destruction orders otherwise than on a conviction) is amended as follows—

a

in subsection (1), after “section 5(1) or (2) below” there is inserted “ or in exercise of a power of seizure conferred by any other enactment ”;

b

after subsection (2) there is inserted—

2A

For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff—

a

must consider—

i

the temperament of the dog and its past behaviour, and

ii

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

b

may consider any other relevant circumstances.