Anti-social Behaviour, Crime and Policing Bill

Amendment
to be moved
on report

[Supplementary to the Marshalled List]

Before Clause 98

BARONESS GALE

BARONESS DONAGHY

 

Insert the following new Clause—

“Dog control notice

(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) and the owner, and
if different, 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 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) 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.”

Prepared 10th January 2014