NIA Bill 20/09 Dogs (Amendment) Bill
Notice of Amendments Tabled on
10 January 2011 for Consideration Stage
Clause 4 , Page 3, Line 24
Leave out from ‘and’ to end of line 26
Minister for Agriculture and Rural Development
Clause 6 , Page 4, leave out lines 16 to 31 and insert -
‘ “Attacks on livestock and certain other animals
28. -(1) Any person who sets a dog on -
(a) any livestock, or
(b) any other animal owned by another person,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) If a dog -
(a) worries livestock, or
(b) attacks and injures any other animal owned by another person,
the keeper of the dog and, if it is in the charge of a person other than its keeper, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) This Article does not apply to a dog while being used -
(a) for police purposes;
(b) for such other purposes as the Department may by order specify.
(4) A person is not guilty of an offence under this Article by reason of anything done by the dog if at the material time -
(a) the livestock or other animal is trespassing on any land; and
(b) the dog is -
(i) kept by, or in the charge of, the occupier of that land; or
(ii) in the charge of a person authorised by the occupier to remove the livestock or other animal from that land.
(5) The keeper of a dog shall not be convicted of an offence under paragraph (2) if he shows that at the material time the dog was in the charge of some other person whom he reasonably believed to be a fit and proper person to be in charge of the dog.”. ’
Minister for Agriculture and Rural Development
Clause 7
Leave out clause 7 and insert -
‘Attacks on persons
7. For Article 29 of the Dogs Order (attacks on persons and worrying livestock) substitute -
“Attacks on persons
29. - (1) Any person who sets a dog on any other person is guilty of an offence or, if the dog injures the person attacked, an aggravated offence, under this paragraph.
(2) If a dog attacks any person, then -
(a) the keeper of the dog; and
(b) if it is in the charge of a person other than its keeper, that person,
is guilty of an offence or, if the dog injures the person attacked, an aggravated offence under this paragraph.
(3) A person guilty of an offence under paragraph (1) or (2) other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or to both.
(4) A person guilty of an aggravated offence under paragraph (1) or (2) is liable —
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) This Article does not apply to a dog while being used -
(a) for police purposes;
(b) for such other purposes as the Department may by order specify.
(6) A person is not guilty of an offence under this Article if at the material time -
(a) the person set on or attacked is trespassing on land; and
(b) the dog is -
(i) kept by, or in the charge of, the occupier of that land; or
(ii) in the charge of a person authorised by the occupier to remove that person from that land.
(7) The keeper of a dog shall not be convicted of an offence under paragraph (2) if he shows that at the material time the dog was in the charge of some other person whom he reasonably believed to be a fit and proper person to be in charge of the dog.”.’
Minister for Agriculture and Rural Development
Clause 8 , Page 5, Line 11
Leave out sub-paragraphs (c) and (d) and insert -
‘(c) Article 28(1) or (2) (dog attacking livestock or certain other animals); or
(d) Article 29(1) or (2) (dog attacking person).’
Minister for Agriculture and Rural Development
Clause 8 , Page 6, Line 12
At end insert -
‘( f) that the keeper, with the dog, attend and complete a specified course of training in the control of dogs before the end of the period of 6 months from the date on which the notice takes effect.
(2) In paragraph (1)(f) “specified” means specified, or of a description specified, in the notice under Article 30A.’
Minister for Agriculture and Rural Development
Clause 8 , Page 6, Line 30
Leave out ‘30B(e)’ and insert ‘30B(1)(e) or (f)’
Minister for Agriculture and Rural Development
Clause 8 , Page 7, Line 27
At end insert -
‘(9) If a control condition imposed by virtue of section 30B(1)(e) or (f) is complied with to the satisfaction of the council, the council shall -
(a) remove the condition from the notice served under Article 30A; or
(b) (if there are no other control conditions imposed by the notice) cancel the notice,
and shall notify the licence holder in writing of that fact.’
Minister for Agriculture and Rural Development
Clause 14 , Page 9, Line 26
Leave out from ‘in pursuance’ to end of line 32 and insert -
‘to a district council in pursuance of a notice under Article 36 in respect of an offence to which Articles 36 to 38 apply —
(a) is the amount specified by the district council; or
(b) if no amount is so specified, is £75.
(2) A district council may under paragraph (1)(a) specify different amounts in relation to different offences.
(3) A district council may make provision for treating a fixed penalty payable to that council in pursuance of a notice under Article 36 as having been paid if a lesser amount is paid before the end of a period specified by the council.
(4) The Department may by regulations make provision in connection with the powers conferred on district councils under paragraphs (1)(a) and (3).
(5) Regulations under paragraph (4) may (in particular)—
(a) require an amount specified under paragraph (1)(a) to fall within a range prescribed in the regulations;
(b) restrict the extent to which, and the circumstances in which, a district council can make provision under paragraph (3).
(6) The Department may by order substitute a different amount for the amount for the time being specified in paragraph (1)(b).”.’
Minister for Agriculture and Rural Development
New Clause
After clause 14 insert -
‘Assembly control of orders made by Department
14A. For Article 54 of the Dogs Order substitute -
“Orders
54. -(1) Except as provided by paragraph (2), orders made by the Department under this Order are subject to negative resolution.
(2) No order shall be made under Article 7(6), 8(4), 23(7)(b), 25(2)(f), 25(4), 25B(1), 28(3)(b), 29(5)(b), 33(3)(c), 35(2), 38(6) or 46 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’
Minister for Agriculture and Rural Development
Schedule 1 , Page 11, Line 6
At end insert -
‘2A. In Articles 25C(2)(a) and 33A(1) for “29(1A)” substitute “29”.’
Minister for Agriculture and Rural Development
Schedule 1 , Page 11, Line 9
Leave out paragraph 4
Minister for Agriculture and Rural Development
Schedule 2 , Page 11, Column 2
Leave out lines 18 to 20 and insert -
‘In Article 8(4) the words “, subject to affirmative resolution”.
In Article 23(7)(b) the words “, subject to affirmative resolution,”.
In Article 25(4) the words “, subject to affirmative resolution,”.
In Article 25B(1) the words “, subject to affirmative resolution,”.
In Article 35(2) the words “subject to affirmative resolution,”.
In Article 46 the words “, subject to affirmative resolution,”.’
Minister for Agriculture and Rural Development
Schedule 2 , Page 11, Line 21
At end insert -
‘The Dangerous Dogs Article 4.
( Northern Ireland) Order Article 7(3) and (4).’
1991 (NI 21)
Minister for Agriculture and Rural Development