Dangerous Dogs
The Law
It is a legal requirement that dogs must be microchipped by the time they are eight weeks old unless they have a veterinary exemption certificate. (Microchipping of Dogs (Scotland)Regulations 2016) (SPCA)
The microchip number and the owner’s details must be registered on a database that meets government standards. (Microchip your dog - mygov.scot)
When in a public place a dog must wear a collar with the name and address (including postcode) of the owner engraved or written on an attached tag. (Control of Dogs Order 1992) This applies to all dogs, except for some exemptions such as guide dogs, rescue dogs and police dogs.
The Control of Dogs (Scotland) Act 2010 promotes responsible dog ownership and ensures that dogs that are out of control are brought and kept under control. It also seeks to prevent dogs from becoming dangerous in order to help reduce, and prevent future dog attacks. Under the Act, Scottish local authorities have the power to take action against irresponsible dog owners and enforce measures to improve such behaviour.
Leads
There is no general law that requires dogs to be on a lead in Scotland, but dogs must be kept under close control at all times. This means that dogs must respond to the owner’s commands and not cause fear, alarm or injury to other people or animals. However, there are some specific places where dogs must be on a lead, such as nature reserves, beaches and there maybe some areas where it is advisable to have a dog on a lead on agricultural land when livestock is present especially during lambing season. (Outdoor Access Code)
Muzzles
There is no general law that requires dogs to be muzzled in Scotland, but some dogs may need to wear a muzzle for their own safety or the safety of others. For example, dogs that have a history of biting, dogs that are nervous or aggressive, or dogs that have a high prey drive. Some local authorities may also impose muzzling orders on certain dogs that are deemed to be dangerously out of control.
Dangerous Dog Act 1991
There are some types of dogs that are banned or restricted in Scotland, such as the Pit Bull Terrier, the Japanese Tosa, the Dogo Argentino, the Fila Brasileiro and as of 23rd February 2024 the XL Bully dog. These dogs must be muzzled and kept on a lead when in public, and owners must have an exemption certificate to keep them legally. Breeding, selling, abandoning or giving away these dogs is also illegal too.
To obtain an exemption certificate the following maybe required
- Dog is neutered.
- Dog is tattooed.
- Dog is microchipped.
- Dog has a vaccination record.
- Dog is leaded and muzzeled in a public place.
- Owner has public liability insurance for the dog.
- Owner has a secure place to keep the dog at home ie ensure garden is secure.
- Owner ensures no one under 16 years of age takes the dog out in public.
(Dangerous Dogs Act 1991) (Control of Dogs (Scotland) Act 2010) (Breed Specific Legislation_Report)
Investigations
We will investigate and record reports received involving dogs that are out of control. An authorised officer will carry out an investigation and if they identify that the dog is out of control, the owner will be either offered advice, issued a warning letter, or have a dog control notice (DCN) served on them dependent on circumstances.
When is a dog ‘out of control'?
According to the Control of Dogs (Scotland) Act 2010, a dog is out of control if:
1. It is not being kept under control effectively and consistently by the proper person.
The proper person is either the owner of the dog, or the person who has day-to-day charge of the dog.
2. Its behaviour gives rise to alarm or apprehensiveness on the part of any individual
The individual’s alarm or apprehensiveness is reasonable in all the circumstances
The alarm or apprehensiveness may be as to the safety of oneself, another person, or another animal.
The definition of ‘out of control ‘is written so that both parts of the test must be met in order for an authorised officer to be able to serve a DCN.
(Control of Dogs (Scotland) Act 2010) (Crown Prosecution Service Advice )
Dog control notices?
A dog control notice (DCN) is a notice which places conditions on the owner to keep their dog under control and keep others safe by aiming to prevent further incidents.
It may include (but is not limited to) conditions such as:
- keeping the dog on a lead in public;
- muzzling the dog in public;
- neutering, and
- attending and completing suitable dog training courses.
All dogs which are subject to a DCN must be microchipped and registered within 14 days of issue, if not already microchipped.
In line with guidance from the Scottish Government, we will not notify complainants of any restrictions placed on a dog once a decision is made to issue a DCN.
Once a DCN has been issued, failure to comply is an offence which may result in the matter being reported to the procurator fiscal. This ultimately could lead to a fine of up to £1000 and/or being disqualified from keeping a dog. The sheriff may also order that the dog should be destroyed.
What to do if you see a dog out of control
Report it to Environmental Health via email ehadmin@shetland.gov.uk or by phoning 01595 745 250. Out of office hours Police Scotland can be contacted on 101.
If a dog is dangerously out of control in any place (for example, bites or attempts to bite a person or seriously injures or kills another animal) this should be reported immediately to the Police by calling 999.