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ELIZABETH II c. 50
0
Guard Dogs^ Act 1975
1975 CHAPTER 50
An Act to regulate the keeping and use of guard dogs;
and forpurposes connected therewith.
[1st August 1975]
BE IT ENACTED by the Queen'smost ExcellentMajesty, byand
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authorityofthe same, as (^) follows:-
1.-(1) Aperson shall notuse or permitthe use ofaguard (^) dogControlof at any premises unless a person ("the handler") who is (^) capable guard dogs.
ofcontrolling the dog is present on the premises and the dog is
under the control ofthe handler at all times while itis being (^) so used except while it is secured so that it is not at liberty to (^) go freely about the premises.
(2) The^ handler^ ofa^ guard^ dog^ shall^ keep^ the^ dog^ under his
control at all times while it is being used as a guard (^) dog at any
premises except-
(a) while anotherhandler has control over the dog; or
(b) while the dog is secured so that itis not at liberty (^) to go freely aboutthe premises.
(3) Aperson shall notuse or permitthe use ofa guard dog at
any premises unless a notice containing a warning that a guard
dogis present is clearlyexhibited at each entrance tothe premises.
Restriction onkeeping guard dogs without (^) a licence.
Guard dog kennel licences.
c. 50 Guard Dogs^ Act^1975
2.-(1) (^) A person shall not keep a dog at guard dog kennels
unless he holds a licence under section 3 ofthis Actin respect of
the kennels.
(2) Aperson shall notuse or permitthe use at any^ premises^ of
a guard dog ifhe knows or has reasonable cause to^ suspect that
the dog (when notbeing used as a guard dog) is normally kept^ at
guard dog kennels in breach ofsubsection (1) ofthis^ section.
3.-(1) A local authority^ may on^ the^ application^ in^ the^ pre-
scribed form of, and^ on payment of^ the^ prescribed^ fee^ by,^ a
person who runs or intends to run guard^ dog kennels^ at^ premises
within their area grant^ that person^ a^ licence^ in^ respect^ of those
kennels.
(2) A licence under this section shall be made subject to the
prescribed conditions (ifany) and to such other conditions as the
local authority thinks fit.
(3) A licence under this section shall, subject to regulations,
come into force on a date specified in the licence as the com-
mencement date and shall expireattheend ofthe periodoftwelve
months beginningwiththat date unlessitis cancelled by a court
in pursuance ofthe followingsubsection.
(4) Where a person is convicted of an offence under this Act,
1911 c. 27. the Protection of Animals Act 1911, the Protection of Animals
1912 c. 14. (Scotland) Act 1912, the Pet Animals Act 1951, the Animal
1951 c. 35. Boarding Establishments Act 1963 or the Breeding ofDogs Act
1963 c. 43. 1973, the court by which he is convicted may cancel any licence
1973 c. 60. heldby him under this Act.
(5) The court may suspend the operation ofthe cancellation
pending an appeal.
(6) For the purposes ofthis Actthe Inner and MiddleTemples
shall be deemed to be in the CityofLondon.
Appeals. 4.-(1) The applicant or, as the case may (^) be, the licence
holder may appeal to a magistrates' court or, in Scotland, a
sheriffcourt, against-
(a) the refusal ofa local authority to grant a licence; or
(b) the conditions (other than the prescribed conditions) to
whichthe licence is subject; or
(c) the authority's refusal tovarythe conditions; or
(d) therevocation ofa licence.
(2) On an appeal the court (^) may, ifit thinks (^) fit, give directions
tothe local authority withrespect tothe licence or the conditions,
anditshall bethe duty ofthe local authorityto complywithsuch directions.
4 c. 50 Guard Dogs Act 1975
elsewhere, other thana dogwhich is used as a guard dog
only at premises belongingto its owner;
"local authority"means, inrelation to England and Wales,
a district council, a London borough council^ and the
CommonCouncil ofthe CityofLondon,and,^ inrelation
to Scotland, anislandscouncil^ or a^ district council;
"premises (^) " means land other than agricultural land and
land within the curtilage of a dwelling-house, and
buildings, including parts of buildings, other than
dwelling-houses; "prescribed "meansprescribed by regulations; "regulations " means regulations made by the Secretary
ofState.
Short title, 8.-(l) This Actmay be cited as the GuardDogs Act 1975. commencement
and extent. (2) This Act shall come intoforce on such day as the Secretary
of State may by order made by statutory instrument appoint,
and different days may be so appointed for, or for different
purposes of, different provisions.
(3) This Actdoes not extend^ toNorthern Ireland.
PRINTED IN ENGLAND BY HAROLD GLOVER Controller ofHerMajesty's StationeryOffice and Queen'sPrinter ofActsofParliament
LONDON: (^) PUBLISHEDBY HER MAJESTY'S STATIONERY OFFICE 11 p net ISBN 0 10 545075 8 (378798)
