sallie
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Dog Law concerning collarsAfter much stress and searching i found this with regards to sporting dogs and collars - its not all the law but the important bit - but remember the onus to prove a resonable defence if you get stopped by police and/or dog wardens for your dog not wearing a collar, will lie with you the owner of the dog.
So remember, if you are on private land you are ok - if you are on public land, watch out!
1992 No. 901
DOGS
CONTROL OF DOGS
The Control of Dogs Order 1992
Made 19th March 1992
Coming into force 1st April 1992
The Minister of Agriculture, Fisheries and Food, in relation to England, the Secretary of State for Scotland in relation to Scotland, and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by sections 13(2) and (3) and 72 of the Animal Health Act 1981[1] and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Control of Dogs Order 1992 and shall come into force on 1st April 1992.
Wearing of collars by dogs
2.—(1) Subject to paragraph (2) below, every dog while in a highway or in a place of public resort shall wear a collar with the name and address of the owner inscribed on the collar or on a plate or badge attached to it.
(2) Paragraph (1) above shall not apply to—
(a) any pack of hounds,
(b) any dog while being used for sporting purposes,
(c) any dog while being used for the capture or destruction of vermin,
(d) any dog while being used for the driving or tending of cattle or sheep,
(e) any dog while being used on official duties by a member of Her Majesty's Armed Forces or Her Majesty's Customs and Excise or the police force for any area,
(f) any dog while being used in emergency rescue work, or
(g) any dog registered with the Guide Dogs for the Blind Association.
Offences
3. The owner of a dog or the person in charge of a dog who, without lawful authority or excuse, proof of which shall lie on him, causes or permits the dog to be in a highway or in a place of public resort not wearing a collar as prescribed in article 2(1) above shall be guilty of an offence against the Animal Health Act 1981.
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sallie
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Actually just got a reply from Mathew Chatfield at Naturenet and he said...
[A] dog is exempt whilst its being used for 'sporting purposes', even in a public place. However the onus is on the owner to demonstrate this. On private land to which the public have no access (which most shoots are) the order does not apply anyway.
He knows the law better than most regarding the countryside - i always pester him if i'm not sure 
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eddieh
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You forgot the really important bit Sallie. The maximum fine.
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sallie
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If your case goes to the Magistrates Court they can impose a maximum fine of £5,000 ... you have been warned 
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guy
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Is there any case law associated with this?
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sallie
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This is what i can find out on some dog warden sites, it clearly sets out their format to prosecution:
| Quote: | IDENTIFICATION
The Animal Health Act 1981 (as amended) makes it an offence to allow a dog in a public place not wearing a collar and tag bearing the owners identity. It is essential to ensure that the contact details are kept up to date.
If your dog is lost and returned to you and it has no collar then you will be sent a letter advising you to get a collar and tag. If the dog if found out with no collar and tag a further time then you may be liable to appear in the Magistrates Court where on conviction the maximum fine is £5000. |
I cannot at this time of the morning find on the law pages any fully set out case laws on fines... in fact it seems like a very grey area!
I do not have a good relationship with my dog warden due to the fact i don't train Monet with a collar on, and we have had many heated arguments over this issue, therefore i feel i cannot approach her with regards to this point as it would seem rather hypocritical  
Though i have just remembered i do know a JP so will contact him and will keep you posted 
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guy
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I have had several collars lost when out. I understand the police find it hard to prosecute for a defective light if you are adamant it worked when you started out on the at journey. So perhaps the same argument would hold for a dog collar.
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sallie
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Its a mine field Guy -
as my argument with the dog warden goes - they have no reasonable evidence that Monet was not training or in pursuit of a sporting activity Then they tried to say Monet was out of control - but i showed them how controlled/responsive he was to the whistle and told them that i would produce video evidence in court to prove that i have full control over my dog whilst he is off the lead... i got off with a caution (that i tossed to the wind)
But i must add, Monet does have a collar and legal name tag which he wears out to parks and towns ... he wears the collar whilst walking to the river/canal and only then do i take it off sometimes... because he is working
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guy
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perhaps just carry a broken one in your pocket.
As to name labels - I have given up counting the number I have lost. Now use 'identitags' that fit onto a flat collar.
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Mugi
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Guy - you are sooooo sneaky  .
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eddieh
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| guy wrote: |
As to name labels - I have given up counting the number I have lost. Now use 'identitags' that fit onto a flat collar. |
I have to thank you for giving me that info some time ago Guy. I also have to admit that I promptly forgot it.  An alternative to Identitag is Indigo tags. I found their link on agility.net
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Des O'Neile
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I don't know if the Special Powers Act is currently in force in GB but if it isn't under The Judges Rules a public place is. :-
Any place you can go physically. e.g. a privtely owned car park with no fence.
Any place you can go by dint of payment of a fee. e.g. A cinema.
Any place you have a right to go. eg. The Council Chamber.
Fences are a very grey area if they are either broken (spaces) or token fences, perhaps three inches high.
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