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Appendix 1: The Law
The Animal Health and Welfare (Scotland) Act 2006
The following sections of the Act are referred to in the code and are set out here for ease of reference:
Unshaded boxes contain quotes from the legislation.
The box shaded in grey contains a summary of relevant provisions in the Act.
Section 18 of the Animal Health and Welfare (Scotland) Act 2006 provides:
Responsibility for animals
(1) In this Part [the welfare part of the Act], references to being responsible for an animal mean being responsible for it on a permanent or temporary basis.
(2) In this Part, references to being responsible for an animal include being in charge of it.
(3) For the purposes of this Part, a person who owns an animal is always to be regarded as being the person who is responsible for it.
(4) For the purposes of this Part, a person ("person A") is to be regarded as responsible for any animal for which a person who is under 16 years of age, of whom person A has the actual care and control, is responsible.
(5) For the purposes of this Part, a person does not relinquish responsibility for an animal by reason only of abandoning it. |
Section 19 of the Animal Health and Welfare (Scotland) Act 2006 provides:
Unnecessary suffering
(1) A person commits an offence if -
(a) the person causes a protected animal unnecessary suffering by an act, and
(b) the person knew, or ought reasonably to have known, that the act would have caused the suffering or be likely to do so. (2) A person who is responsible for an animal commits an offence if-
(a) the person causes the animal unnecessary suffering by an act or omission, and
(b) the person knew, or ought reasonably to have known, that the act or omission would have caused the suffering or be likely to do so. (3) A person ("person A") who is responsible for an animal commits an offence if-
(a) another person causes the animal unnecessary suffering by an act or omission, and
(b) person A-
(i) permits that to happen, or
(ii) fails to take steps (whether by way of supervising the other person or otherwise) as are reasonable in the circumstances to prevent that happening. (4) The considerations to which regard is to be had in determining, for the purposes of subsections (1) to (3), whether suffering is unnecessary include -
(a) whether the suffering could reasonably have been avoided or reduced,
(b) whether the conduct concerned was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment,
(c) whether the conduct which caused the suffering was for a legitimate purpose, such as -
(i) the purpose of benefiting the animal, or
(ii) the purpose of protecting a person, property or other animal,
(d) whether the suffering was proportionate to the purpose of the conduct concerned,
(e) whether the conduct concerned was in the circumstances that of a reasonably competent and humane person. (5) This section does not apply to the destruction of an animal in an appropriate and humane manner. |
Section 24 of the Animal Health and Welfare (Scotland) Act 2006 provides:
Ensuring welfare of animals
(1) A person commits an offence if the person does not take such steps as are reasonable in the circumstances to ensure that the needs of an animal for which the person is responsible are met to the extent required by good practice. (2) The circumstances to which, for the purposes of subsection (1), regard is to be had include-
(a) any lawful purpose for which the animal is kept,
(b) any lawful activity undertaken in relation to the animal. (3) For the purposes of subsection (1), an animal's needs include-
(a) its need for a suitable environment,
(b) its need for a suitable diet,
(c) its need to be able to exhibit normal behaviour patterns,
(d) any need it has to be housed with, or apart from, other animals, and
(e) its need to be protected from pain, suffering, injury and disease. (4) This section does not apply to the destruction of an animal in an appropriate and humane manner. |
Section 29 of the Animal Health and Welfare (Scotland) Act 2006 provides:
Abandonment
(1) A person commits an offence if, without reasonable excuse, the person-
(a) abandons an animal for which the person is responsible, and
(b) does so in circumstances likely to cause it unnecessary suffering. (2) A person commits an offence if, without reasonable excuse, the person-
(a) leaves unattended an animal for which the person is responsible, and
(b) fails to make adequate provision for its welfare. (3) The considerations to which regard is to be had in determining, for the purposes of subsection (2), whether such provision has been made include-
(a) the kind of animal concerned and its age and state of health,
(b) the length of time for which it is or has been, left,
(c) what it reasonably requires by way of-
(i) food and water,
(ii) shelter and warmth. |
Section 37 of the Animal Health and Welfare (Scotland) Act 2006 provides:
Animal Welfare Codes
……..
(8) A person's failure to comply with a provision of an animal welfare code does not of itself render him liable to proceedings of any kind. (9) In any proceedings for an offence under this Part, or under regulations made under section 26 or 27-
(a) failure to comply with a relevant provision of an animal welfare code may be relied upon as tending to establish liability,
(b) compliance with a relevant provision of an animal welfare code may be relied upon as tending to negative liability. |
Offences and Penalties
A person who is convicted of an offence under section 19 of the Act may be imprisoned for a maximum period of 12 months and/or fined up to £20,000. If they are convicted of an offence under section 24 (failing to ensure the animal's welfare) or section 29 (abandonment) they can be imprisoned for a maximum period of 6 months and fined up to level 5 on the standard scale - the maximum is currently £5,000. |
Other legislation affecting dogs
As well as the Animal Health and Welfare (Scotland) Act 2006 there are a number of other laws that affect the way you keep your dog. The ones most likely to affect the owner or keeper of a pet dog are summarised below.
Breeding and Purchase
The Breeding of Dogs Act 1973 and the Breeding and Sale of Dogs (Welfare) Act 1999 provide that anyone who is in the business of breeding and selling dogs needs to be licensed. The aim of the Acts is to control 'puppy farming' where dogs are bred in poor conditions. If you think the person from whom you are buying a puppy may be breeding dogs on a large scale and not just as a hobby you should ask to see their licence or ask the local Council if they have one. If dogs are being sold commercially, such as in a pet shop, the seller also has to have a licence under the Pet Animals Act 1951.
Controlling your dog
Although the dog licence was abolished in 1987, it is still a legal requirement under the Control of Dogs Order 1992 for a dog to wear a collar with the owner's name and address on it. Two other pieces of legislation, the Dogs Act 1871 and the Dangerous Dogs Act 1991, require you to have proper control of your dog. The penalties if you do not have proper control of your dog include a fine, imprisonment and the possible compulsory destruction of the dog. The Dangerous Dogs Act also makes it illegal to own or keep (unless specifically exempted), sell or give away a dog of four types that have been traditionally bred for fighting: Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasiliero.
The Dog Fouling (Scotland) Act 2003 makes it an offence for the person in charge of a dog to fail to pick up and dispose of any faeces.
The Environment Protection Act 1990 states that a stray dog handed to the local authority what is not identified and re-claimed within seven days may be sent to a re-homing agency or destroyed.
Under the Dogs (Protection of Livestock) Act 1953 a dog owner commits an offence if their dog worries (attacks or chases) livestock on agricultural land. In the case of a field or enclosure where there are sheep, dogs must be on a lead, or otherwise under close control.
The Animals Act 1971 creates liability (subject to certain defences) for:
damage done by dogs to livestock or other forms of damage done by an unrestrained dog under certain circumstances.
The Guard Dogs Act 1975 imposes certain requirements on those responsible for guard dogs including the need to keep them under control or secured at all times and for a warning notice to be displayed at all entrances to the guarded premises.
Your dog during holidays
If you are away from home and need to put your dog in kennels, you should check that the kennel has been licensed by the local Council under the Animal Boarding Establishments Act 1963. The Act can also apply to people taking dogs into their homes if they do so for reward (usually referred to as 'home boarding').
If you wish to take your dog with you on a holiday abroad, other than to the Republic of Ireland, there are very strict rules about what treatment your dog will need before it can return to the UK. It takes a minimum of 7 months to comply with the rules so you need to plan well ahead. You should ask your vet about the details of what you have to do or look at the Scottish Government website on the Pet Travel Scheme ( PETS) page ( see Appendix 2).
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