LTB No 221/11 Control of Dogs (Scotland) Act Becomes Law

[brothermagrew]

LTB No. 221/11 Ref P18/11 Date: 8 March 2010

To: All Branches

Dear Colleagues

Control of Dogs (Scotland) Act Becomes Law - New Act and Guidance Published - "CWU Bite-Back Campaign" update:

I am extremely pleased to report to CWU Branches and CWU Health and Safety Representatives that the new Control of Dogs (Scotland) Act became Law on 26 February.

Around 5000 to 6000 Postal workers are attacked by dogs every year in the UK whilst delivering the Mail. 70% of which occur on private land or premises. Many members require hospital treatment and many receive serious injuries. Two Postal workers (one in 2007 and one in 2008) were nearly killed in savage attacks. For these reasons the "Bite-Back" Campaign was launched in early 2008.

The new Scottish Dangerous Dogs legislation will apply everywhere, including private property and will give Police, Councils and Courts greater powers to impose penalties on the owners of dangerous dogs, including introducing new, Dog Control Notices (DCNs). The legislation modernises the existing "piecemeal" ineffective rules and regulations on dogs.The Control of Dogs (Scotland) Act, places a sharper focus and concentrates on the "deed and not the breed" of the dog in the control of dangerous or out of control dogs with more responsibility placed on the owners of badly behaved dogs irrespective of the breed. This new Act importantly places the onus on the owners, not the dogs, to ensure they are properly controlled. The key message is that any dog can show aggression, particularly if it is not handled and trained properly, so legislation that provides the tools to target irresponsible ownership before it becomes a problem is very welcome.

The new Law gives local authorities and the police the legislative tools to deal with the growing problem of out-of-control dogs and attacks by dangerous dogs in private places. As you will well know, there is a very large gap in the Dangerous Dogs Act 1991 where there is a lack of protection against attacks on private property. This means that postmen and women, or any worker visiting the dog's home could be attacked, without criminal charges being brought against the owners who were previously immune (and are still currently 'immune' in England and Wales). This new Law in Scotland closes that loophole and in future, where if a postal worker is attacked by a dog on private property, the owner can now be prosecuted and held legally responsible.

The new Scottish Act also introduces new 'proactive' preventative measure in the form of new "Dog Control Notices" (DCNs). In future, if a troublesome, menacing or unruly dog comes to notice, the owner can be served with a DCN by the local authority Dog Warden. The DCN can stipulate a number of conditions that must be complied with by the owner and could include the owner being compelled to keep their pet on a lead at all times, keep it muzzled, keep it away from certain public places e.g. parks, have it neutered or compel dog and owner to attend special training courses. Owners who fail to comply with Dog Control Notices can be prosecuted and face a fine of up to £1,000 and have their Dog seized and destroyed. Dog Wardens can request Police support at any time when serving "Dog Control Notices" (DCNs).

The CWU is celebrating a victory for the principle of the Law applying everywhere in Scotland, including private property, This is a fantastic step forward in our 'Bite-Back' campaign against ineffective dangerous dogs legislation and we are grateful to Scottish MSPs for enshrining these important changes in to legislation. We now need the rest of the UK to follow the Scottish lead. The CWU Health, Safety & Environment Department lobbied members of the Scottish Parliament (MSPs) from all Political Parties to support the Control of Dogs (Scotland) Bill from the point of its inception. We eventually secured the support of the Scottish Government for the Bill following representations to Scottish First Minister Alex Salmon and Justice Minister Kenny MacAskill. The bill was passed unanimously on 23 April last year and was backed by MSPs from all political parties sitting in the parliament. The CWU is obviously delighted that the Scottish Parliament closed the major loophole in the law and signed up to the principle of the Law applying everywhere. A dog's behaviour is largely the result of the rearing and training provided by the owner. The problems caused by dangerous dogs will never be solved until dog owners are made fully accountable and appreciate that they are responsible for the actions of their animals.

Summary of the Control of Dogs (Scotland) Act 2010
The Act modernises the law on control of dogs. It enables local authorities to impose measures on the dog owner, or the person in charge of a dog where that person has failed to keep the dog under control. It amends the Dangerous Dogs Act 1991 by extending the liability of a person where a dog is dangerously out of control to 'all places', not only public places. The Act repeals the Dogs Act 1871 and the new Act replaces requirements under the 1871 Act with a new regime of dog control notices which can be issued by local authorities without the needs for application to the courts. The new Act also replaces and provides new measures in relation to the Courts power to issue Dog Destruction Orders and Ownership Disqualification Orders. The Act also repeals and replaces the Dangerous Dogs Act 1989, which extends and supplements the Dogs Act 1871. The Act also amends the Dangerous Dogs Act 1991 to introduce the new offence allowing a dog to be dangerously out of control in any place, whether public or private and extends the police's power of seizure of dogs which are dangerously out of control to all places. The Act additionally amends the Dogs Act 1906 in relation to the offence of injury to livestock (cattle, poultry, sheep etc) by dogs which is now covered by the new Act.) Penalties: In cases where no injury has been caused to a person, the case will be heard before the magistrate’s court. If found guilty there is a maximum sentence of 6 months imprisonment and/or a fine of up to £5,000. In cases where any injury has been caused to a person – an aggravated offence, the case can either be heard before the magistrates’ court or the crown court. If found guilty there is a maximum penalty of 2 years imprisonment and/or a fine of up to £20,000. If injury has been caused to a person there is a presumption in favour of destruction of the dog unless the owner can prove to the court that the dog is not a danger to public safety. The alternative to a destruction order is a Contingent Destruction Order – conditions can be attached to such an order e.g., providing the owner obeys the order and what it stipulates the dog is allowed to live. It is a criminal offence to fail to comply with a DCN and this offence is liable on summary conviction of a fine of up to £1,000. If a dog’s owner is convicted of failure to comply with the DCN the court may make an order disqualifying the owner from owning or keeping a dog for a period of time and/or may make an order for the dog’s destruction if the court considers that the dog is dangerous.

See attached for the attention of Scottish Branches and Health and Safety Representatives:-

• Copy of the Control of Dogs (Scotland) Act 2010
• Copy of The Scottish Government's Guidance on the Control of Dogs (Scotland) Act 2010

Yours Sincerely

Dave Joyce
National Health, Safety & Environment Officer

Note:
Interested parties should avail themselves also of a copy of:
LTB 222/11 Dangerous Dogs Legislation in England and Wales - CWU 'Bite-Back' Campaign - Extension of Law to cover Private Land

[Ahebban]

Good to see that common-sense has prevailed in Scotland. The legislation will benefit many, including OPGs. Let us hope that legislation south of the border will find common ground and reach the statute book sooner rather than later for all parties.