|
| |
| | |
| | |
| |
| | | (1D) | A person (“D”) is not guilty of an offence under subsection (1) if they are a vet or |
|
| | | someone working in a veterinary practice at the relevant time. |
|
| | | (1E) | A person (“D”) is not guilty of an offence under subsection (1) if they themselves |
|
| | | are the victim of any incident involving their dog. |
|
| | | (1F) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
|
| | | charge of a dog they are removing in connection with their work. |
|
| | | (1G) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
|
| | | charge of a dog they are required to maintain in any police or court proceedings |
|
| | | or if they are assisting the courts as a witness (expert or otherwise). |
|
| | | (1H) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
|
| | | charge of a dog that they are authorised or required to look after in connection |
|
| | | |
| | | (1I) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
|
| | | charge of a dog they are looking after by virtue of the dog being in their kennels. |
|
| | | (1J) | A person (“D”) is not guilty of an offence under subsection (1) if the dog is a |
|
| | | police dog or a dog being used in an official capacity to assist with their work. |
|
| | | (1K) | A person (“D”) is not guilty of an offence under subsection (1) if the dog is an |
|
| | | |
| | | (1L) | A person (“D”) is not guilty of an offence under subsection (1) if they are |
|
| | | |
| | | (1M) | A person (“D”) is not guilty of the aggravated offence under subsection (1) if, as |
|
| | | a result of any disability, they were not able to physically prevent the offence. |
|
| | | (1N) | A person (“D”) is not guilty of the aggravated offence under subsection (1) unless |
|
| | | they encouraged the dog in its actions.’. |
|
| | |
| | | |
| | Clause 98, page 70, line 28, at end insert— |
|
| | | ‘(2A) | If an owner of a dog, and if different the person for the time being in charge of a |
|
| | | dog unreasonably omits to keep the dog under proper control, or if he causes, or |
|
| | | encourages the dog to attack a protected animal, and any of those things lead to |
|
| | | the injury or death of a protected animal he shall be guilty of an offence. |
|
| | | (2B) | A “protected animal” has the same meaning as in section 2 of the Animal Welfare |
|
| | | |
| | |
| | | |
| | Clause 98, page 70, line 28, at end insert— |
|
| | | ‘(iii) | for “two years” there is substituted “fourteen years”.’. |
|
| | |
| | | |
| | Clause 98, page 70, line 28, at end insert— |
|
| | | ‘(1C) | In proceedings for an offence under section 3(1) it shall be a defence for the |
|
| | | accused to prove that he took reasonable steps to prevent the dog being |
|
| | | dangerously out of control.’. |
|
| | |
| | | |
| | Clause 98, page 70, line 41, at end insert— |
|
| | | ‘(1B) | Anyone authorised to seize a dog under subsection 1A is exempted from the |
|
| | | provisions of the Dangerous Dogs Act 1991.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Clause 98, page 70, leave out lines 45 and 46 and insert ‘for the purposes of this Act, |
|
| | “assistance dog” means a dog which has been accredited to assist a disabled person by a |
|
| | prescribed charity or other organisation.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 98, page 70, line 46, at end insert ‘“dwelling”, for the purposes of section 3, |
|
| | includes enclosed buildings within the curtilage of the dwelling and associated with it, |
|
| | where a person might reasonably expect to find a dog, such as garages, sheds and other |
|
| | |
| | |
| | | |
| | Clause 98, page 70, line 47, leave out subsection (6)(b). |
|
| | |
| | |
| | |
| | |
| | | |
| | Clause 99, page 71, line 33, at end add— |
|
| | | ‘(5) | After section 7 there is inserted— |
|
| | | “7A | Fit and proper person code of practice |
|
| | | (1) | The Secretary of State must prepare a draft code of practice giving |
|
| | | guidance about the matters to be considered when determining whether |
|
| | | someone is a fit and proper person for the purposes of sections 1, 4 and |
|
| | | |
| | | (2) | The Secretary of State must lay before Parliament— |
|
| | | (a) | any draft code of practice prepared under this section; and |
|
| | | (b) | an order to be made by statutory instrument providing for the |
|
| | | code to come into force, subject to subsection (4). |
|
| | | (3) | Before preparing such a draft code, the Secretary of State must consult |
|
| | | such persons as the Secretary of State thinks appropriate. |
|
| | | (4) | Where a draft is laid before Parliament under subsection (2)(a), if neither |
|
| | | House passes a resolution disapproving the draft within 40 days— |
|
| | | (a) | the Secretary of State may issue the code in the form of the draft; |
|
| | | |
