Session 2013 - 14
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Other Bills before Parliament


 
 

27

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 21 June 2013

 

For other Amendment(s) see the following page(s):

 

Anti-social Behaviour, Crime and Policing Bill Committee 15-22 and 23-26

 

Public Bill Committee


 

Anti-social Behaviour ,

 

Crime and Policing Bill

 

Dog control notice

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Julie Hilling

 

Huw Irranca-Davies

 

Luciana Berger

 

NC4

 

To move the following Clause:—

 

‘(1)    

Where an authorised officer has reasonable cause to believe that a dog is not

 

under sufficient control and requires greater control in any place, as a

 

preventative measure to protect the public, the dog itself, or another protected

 

animal, he or she may serve on the owner, and if different, person for the time

 

being in charge of the dog a written control notice which—

 

(a)    

states that he or she is of that belief;

 

(b)    

specifies the respects in which he or she believes the owner, and if

 

different, the person for the time being in charge of the dog is failing to

 

keep the dog under sufficient control;

 

(c)    

specifies the steps he or she requires the owner, and if different, the

 

person for the time being in charge of the dog to take in order to comply

 

with the notice;

 

(d)    

specifies the date by which the terms of the notice must be complied with;

 

and

 

(e)    

specifies the date that the notice expires which will not be for a period

 

which exceeds six months.

 

(2)    

In a control notice pursuant to subsection (1)(c) an authorised officer must require

 

a dog to be microchipped (if not already done so) and the owner, and if different,


 
 

Notices of Amendments: 21 June 2013                     

28

 

Anti-social Behaviour, continued

 
 

the person for the time being in charge of the dog, register the dog with a

 

microchip database, and may require the following steps, where appropriate, but

 

is not limited to—

 

(a)    

keeping the dog muzzled as directed;

 

(b)    

keeping the dog on a lead when in public or under control as directed;

 

(c)    

requiring the owner, and if different, the person for the time being in

 

charge of the dog, to seek and implement expert advice about training and

 

behaviour for the dog;

 

(d)    

having the dog neutered where appropriate; and

 

(e)    

keeping the dog away from particular places or persons.

 

(3)    

Failure to comply with the steps required in a control notice within the time

 

period specified, to the satisfaction of the authorised officer may lead to a

 

complaint to a Magistrates Court under section 2 of the Dogs Act 1871.

 

(4)    

The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner,

 

and if different, the person for the time being in charge of a dog fails to comply

 

with the steps required in a control notice within the time period specified in

 

accordance with subsection (3) above as they would apply if a dog was dangerous

 

and not kept under proper control.

 

(5)    

An “authorised officer” is a person that has been appointed by the local authority

 

or police for the purposes of this Act.

 

(6)    

A “protected animal” is one that is commonly domesticated in the British Islands,

 

is under the control of man whether on a permanent or temporary basis, or is not

 

living in a wild state.’.

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Julie Hilling

 

Huw Irranca-Davies

 

Luciana Berger

 

43

 

Clause  98,  page  70,  line  23,  at end insert—

 

‘(1C)    

For the purposes of section 3, a Court must consider all the circumstances, and in

 

particular if the owner, and if different, the person for the time being in charge of

 

the dog at the time of the incident, took reasonable steps to prevent the dog being

 

dangerously out of control in any place.’.

 


 
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Revised 24 June 2013