Setting on dogs


85.(1) A person who sets on or urges any dog or other animal to attack, worry or put in fear any person or animal commits an offence and is liable on summary conviction to imprisonment for 6 months or to a fine at level 3 on the standard scale, or both.
(2) Subsection (1) does not apply to a police officer or a member of the armed forces of the Crown acting in the course of duty.


PART 25
DANGEROUS DOGS
Prohibition of dangerous dogs.


583.(1) No dangerous dog may be imported into Gibraltar, or, after the relevant date, kept in Gibraltar.


(2) After the relevant date, no person may sell, buy or otherwise deal with a dangerous dog.


(3) The Minister may by order published in the Gazette amend Part A of Schedule 10 to remove any type of dog, or to add any type of dog bred for fighting or which is dangerous to persons or property.


(4) The Minister may by order declare a particular dog or dogs which is or are dangerous to persons or property to be a dangerous dog or dogs.


(5) In this Part–
“relevant date” means the date on which this Part comes into operation or the date of publication of an order under subsection (4), whichever is later;
“dangerous dog” means–


(a) a dog of a type listed in Part A of Schedule 10;
(b) a dog appearing to be a cross breed of or substantially of one of those types; and
(c) a dog that is the subject of an order under subsection (4).


Export or destruction of dangerous dogs.


584. (1) The owner of a dangerous dog must export it or arrange for its destruction within 21 days after the relevant date.
(2) After the relevant date the person in control of a dangerous dog must keep it muzzled and on a lead while it is in a public place.


Offences


585.(1) A person who imports or, from the relevant date, keeps in Gibraltar a dangerous dog commits an offence.


(2) A person who sells, buys or otherwise deals with a dangerous dog commits an offence.


(3) An owner of a dangerous dog who fails to arrange for its export or destruction as required by section 584(1) commits an offence.


(4) The person in control of a dangerous dog who fails to keep it muzzled and on a lead as required by section 584(2) commits an offence.


(5) A person who commits an offence under this section is liable on summary conviction to the statutory maximum fine.


(6) On convicting a person of an offence under this section, the court –


(a) must order the destruction of the dog in respect of which the proceedings were taken; and


(b) may make an order disqualifying the person convicted from owning or being in control of any dog for a specified period, or for life.


Stray dangerous dogs.


586. A dangerous dog which is seized as a stray under section 24(6) of the Animals and Birds Act must be destroyed under arrangements made by the Commissioner of Police and subsections (2) to (4) of section 24 do not apply to such a dog.


Entry and seizure


587.(1) If, after the relevant date, a Magistrate is satisfied by information on oath that a dangerous dog, not being a dog in respect of which a certificate of exemption has been issued under section 590, is kept on any premises in Gibraltar, he may issue a warrant authorising a police officer to enter those premises and seize the dog concerned.


(2) A dog seized under subsection (1) must be destroyed under arrangements made by the Commissioner of Police.


Compensation


588. The Minister with responsibility for the environment may grant compensation of up to £200 to the owner of a dog destroyed pursuant to section 584(1) or 587(2).


General exemptions


589. A police officer, veterinary surgeon or other person who has custody of a dangerous dog under arrangements made by the Commissioner of Police under this Part pending its destruction under any provision of this Part does not commit an offence by virtue of that custody.


Exemption for individuals


590.(1) The owner of a dangerous dog which is registered and licensed under the Animals and Birds Act may before the relevant date apply in writing to the Environmental Agency for exemption from the requirements imposed on owners by sections 583 to 585 in respect of a particular dog.


(2) The Environmental Agency may only issue an exemption under subsection (1) on the authority of the Commissioner of Police and if satisfied that the dog concerned does not and will not foreseeably represent a danger to the public or property.


(3) The Commissioner of Police may only give authority under subsection (2) on the advice of a committee composed as set out in Part B of Schedule 10.


(4) The Minister may by order amend Part B of Schedule 10 as to the composition of the committee and may make consequential changes in the appointments.


(5) The Commissioner of Police may, on the advice of the committee, direct the Environmental Agency to revoke a certificate of exemption in relation to a dog if he considers that the dog has become, or is likely to become, a danger to the public or property.


(6) On revocation of a certificate of exemption under subsection (5), the obligations on owners under sections 583 to 585 apply as if the period of 7 days after the revocation of the certificate were substituted for the relevant date in all 3 sections.


(7) The fee for the issue of a certificate of exemption is £50 or such other sum as the Minister responsible for finance may declare by order published in the Gazette.


(8) A lost or damaged certificate of exemption may be replaced on application to the Environmental Agency, for the same fee as for a new certificate.


Consequences of exemption


591.(1) If a certificate of exemption in relation to a dog is issued under section 590–


(a) the dog must be neutered;
(b) the dog must have a microchip inserted and registered under the Animals and Birds Rules 2004;
(c) the owner of the dog must maintain a policy of insurance in respect of damage or injury caused by the dog to a third party;
(d) the certificate must be carried by the person in control of the dog whenever the dog is in a public place;
(e) no person under the age of 18 may have control of the dog in a public place;
(f) the requirement of section 585(4) continues to apply (Dog to be muzzled and on a lead in public places).


(2) If the owner of an exempted dangerous dog fails to comply with any of the requirements of subsection (1)–
(a) the owner commits an offence and is liable on summary conviction to a fine at level 3 on the standard scale;
(b) the exemption ceases to have effect forthwith.


(3) A person in control of a dog in respect of which a certificate of exemption has been issued (an “exempted dangerous dog”) who fails to produce–
(a) the certificate of exemption;
(b) the certificate of insurance,
(or either of them) in respect of the dog on request by a police officer or customs officer commits an offence and is liable on summary conviction to a fine at level 2 on the standard scale.


(4) If a person in control of an exempted dangerous dog fails to produce the certificate of exemption and certificate of insurance on request by a police or customs officer, the dog must be seized and, unless the relevant certificate is produced to the Commissioner of Police within 7 days of the seizure, destroyed under arrangements made by the Commissioner of Police.