Dangerous Dogs Act 1991
This is an Act to prohibit persons from having in
their possession or custody dogs belonging to types bred for fighting;
it imposes restrictions in respect of such dogs pending the coming into
force of the prohibition; to enable restrictions to be imposed in relation
to other types of dog which present a serious danger to the public; and
to make further provision for securing that dogs are kept under proper
control. By virtue of the Commencement Order, Section 1(3) (prohibition
on possession of specific dogs and compensation for destruction) shall
come into force on November 30th 1991. Other provisions came into force
on August 2th 1991.
Section 1 (Dogs bred for fighting) provides:
(1) This section applies to- (a) any dog of they type known as the
pit bull terrier; (b) any dog of the type known as the Japanese Tosa; and
(c) any dog of any type designated for the purposes of this section by
an order of the Secretary of State, being a type appearing to him to be
bred for fighting or to have the characteristics of a type bred for that
purpose.
(2) No person shall- (a) breed, or breed from, a dog which this section
applies; (b) sell or exchange such a dog or offer, advertise or expose
such a dog for sale or exchange; (c) make or offer to make a gift of such
a dog or advertise or expose such a dog as a gift; (d) allow such a dog
of which he is the owner for the time being in charge to be in a public
place without a muzzle and kept on a lead; or (e) abandon such a dog of
which he is the owner or, being the owner or for the time being in charge
of such a dog, allow it to stray.
Any person who contravenes this section is guilty of an offence and
liable on summary conviction to imprisonment for a term not exceeding 6
months or a fine not exceeding level 5 on the standard scale (£2,000)
or both.
Section 2 (Other specifically dangerous dogs) provides that, if it appears
to the Secretary of State that dogs of any type to which section 1 does
not apply present a serious danger to the public, he may by order impose
corresponding restrictions to dogs of that type.
Section 3 (Keeping dogs under proper control) states:
(1) If a dog is dangerously out of control in a public place- (a) the
owner; and (b) if different, the person for the time being in charge of
the dog, is guilty of an offence, if the dog, is guilty of an offence,
or, if the dog while so out of control injures any person, an aggrivated
offence under this section.
(2) In proceedings for an offence under subsection (1) above against
a person who is the owner of a dog but was not at the material time in
charge of it, it shall be a defence for the accused to prove that the dog
was at the material time in charge of a person whom he reasonably believed
to be a fit and proper person to be in charge of it.