Your Duty of Care & the Law (Scotland)

The Animal Health and Welfare (Scotland) Act 2006 gives a duty of care to anyone responsible for an animal. You must take reasonable steps to make sure your dog’s needs are met: the five welfare needs from the last module. It isn’t only owners. Someone looking after a dog for a while, such as a sitter or walker, is responsible while the dog is in their care. The Scottish Government’s Code of Practice for the Welfare of Dogs explains what good care looks like day to day. It’s well worth a read.

It’s a crime to cause a dog unnecessary suffering, or to let it happen. That covers cruelty, but also neglect, such as ignoring an illness or injury, or leaving a dog in a hot car. Abandoning a dog is a crime too. The worst cases can lead to prison, an unlimited fine and a ban on keeping animals. For almost every owner, though, the message is simple and positive: notice when something is wrong, and act on it. Calling your vet promptly is one of the best ways to protect your dog.

In Scotland, every dog over 8 weeks old must be microchipped and registered on an approved database (Microchipping of Dogs (Scotland) Regulations 2016). A chip is only useful if the details are right, so update the database straight away when you move or change number. In any public place your dog must also wear a collar with a tag, or engraved details, showing your name and address, including postcode (Control of Dogs Order 1992). A phone number is optional but very helpful. A harness alone isn’t enough, and the chip doesn’t replace the tag. You need both.

Under the Dog Fouling (Scotland) Act 2003, you must pick up after your dog straight away in any public place, from pavements and parks to beaches and shared back greens. Not noticing, or not having a bag, isn’t a defence, so carry spares. Bag it and bin it. Your dog also needs to be under control. Under the Control of Dogs (Scotland) Act 2010, if a dog is out of control and makes people alarmed or fearful, the council can issue a Dog Control Notice. It can require things like a lead or muzzle in public, or training. Breaking a notice is a crime.

Never leave a dog alone in a car on a warm day. Cars heat up dangerously fast, even with the windows open, and dogs can die from heatstroke. Leaving a dog in a hot car can count as causing unnecessary suffering. If you see a dog in distress in a car, call 999. When you drive, your dog should be suitably restrained, for example with a crate, dog guard or seat-belt harness. Remember that this course covers Scotland. Many rules are similar in England and Wales, but the laws and details differ. The app’s Dog law page has more.