Moved by
Baroness Gale
86A: Before Clause 98, 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.”