PART 7Dangerous dogs
I1107Whether a dog is a danger to public safety
1
The Dangerous Dogs Act 1991 is amended as follows.
2
In section 1 (dogs bred for fighting) after subsection (6) there is inserted—
6A
A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is a fit and proper person to be in charge of a dog.
3
In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—
1B
For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—
a
must consider—
i
the temperament of the dog and its past behaviour, and
ii
whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
b
may consider any other relevant circumstances.
4
Section 4B (destruction orders otherwise than on a conviction) is amended as follows—
a
in subsection (1), after “section 5(1) or (2) below” there is inserted “
or in exercise of a power of seizure conferred by any other enactment
”
;
b
after subsection (2) there is inserted—
2A
For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff—
a
must consider—
i
the temperament of the dog and its past behaviour, and
ii
whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
b
may consider any other relevant circumstances.