Canine Law - Information Guide for dog owners.

Dog Law - Stray Dogs:

Clean Neighbourhoods & Environment Act 2005-Section 68:

From April 2008 Stray Dogs are no longer the responsibility of the Police - Commencement of Section 68 of the Clean Neighbourhoods and Environment Act 2005 amended section 150 of the EPA 1990 and repealed section 3 of the Dogs Act 1906 (c.32) (seizure of stray dogs by police) although the repeal does not apply for the purposes of section 2 (2) and (3) of the Dogs (Protection of Livestock) Act 1953 (c.28)

Section 68 - 'Termination of police responsibility for stray dogs' means that the Police no longer have responsibility for stray dogs; this change in the law came into force on Monday 7th April 2008.

Responsibility for stray dogs now rests solely with Local Authorities.

You will no longer be able to take a found dog to your local (or any) Police station - the Police no longer have involvement in lost and found dogs. Speak to your local authority to find out what alternative arrangements are now in place.

Environmental Protection Act 1990:

Part VIII of the Environmental Protection Act (EPA) 1990 concerns the seizure of stray dogs and delivery of stray dogs to the police or local authority officer.

This Act transferred the responsibility for dealing with stray dogs, from the Police to the Local Authority.

Under the EPA 1990, an officer appointed by the Local Authority (e.g. the dog warden) is required to deal with stray dogs, the officer may seize and detain any dog which is believed to be a stray (if the dog is on private property, consent from the land owner needs to be obtained). The Act defines the meaning of a public place.

The Officer will then serve notice in writing to the owner of the dog if known, or serve on the person whose address is given on the collar, stating that the dog has been seized, where it is being kept; and that it will be liable to be disposed of if it is not claimed within seven clear days after the serving of the notice and the payment of any charges due.

Once a seized dog has been detained for seven clear days, after seizure or delivery of notice on the owner and the owner has not claimed the dog and paid the fees due, the officer may dispose of the dog;

• 1) by selling or giving it to a person, who will in his opinion, care properly for the dog (the recipient becomes the new owner)

• 2) by selling it or giving it to an establishment for the reception of stray dogs; or (recipient becomes the new owner)

• 3) by destroying it in a manner to cause as little pain as possible

No dogs seized under this Act are to be given or sold for vivisection.

The dog warden must keep a register of dogs seized; details to be recorded are given in the Environmental Protection (Stray Dogs) Regulations 1992.

The register is available for public inspection, free of charge at a reasonable time.

Dogs must also be properly fed and maintained whilst detained.

A dog may be destroyed within the statutory seven day period - if necessary to avoid further suffering on the advice of a veterinary surgeon.

Finders of Stray Dogs (other than dog wardens or police):

Any person who finds a stray dog must;

• 1) return the dog to its owner or

• 2) take the dog to the Local Authority (for the area in which it was found)
  

And inform those in charge of where the dog was found. It is illegal to hold a found dog without reporting it first.

The Environmental Protection (Stray Dogs) Regulations 1992 describes the procedure to be followed where a stray dog is found by a member of the public who wishes to keep it. Where a dog has been brought in to the Local Authority, the finder may (under section 150(2) of the EPA 1990, request to keep the dog. Details as specified in law will be recorded.

If allowed to retain the dog, the finder must keep the dog for at least 28 days, however, the original owner can still claim the return of the dog, after this time – The Act does not deal with the civil law on ownership, e.g. the finder of a dog who follows all the procedures does not automatically become the dog’s legal owner after a period of 28 days, a dispute over ownership could follow. This is explained in the DOE Circular 6/1992: Control of Stray Dogs.

A report conducted by Gfk NOP on behalf of Dogs Trust states that an estimated 96,892 stray dogs were taken in by local councils in the UK over the course of one year (Annual Stray Dogs Report 2008)

EDDR Stray Dog Information Here

Legislation:

The Environmental Protection (Stray Dogs) Regulations 1992

Environmental Protection Act 1990

The information contained here does not constitute legal advice in and of itself. You must contact a Solicitor for advice before acting upon anything that you read on this web site.

For help with finding a solicitor who has experience with canine legislation - please contact us.

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