Our countryside is peppered with pregnant ewes and newborn lambs just now – one of the most enjoyable yet stressful times in the farming calendar. The National Sheep Association has issued some timely advice on the law in Scotland around dogs and sheep to ensure that livestock are protected.
Under the Dogs (Protection of Livestock) Act 1953, if a dog worries sheep on agricultural land, the person in charge of the dog is guilty of an offence. The Act considers sheep worrying to include attacking sheep, chasing them in a way that may cause injury suffering, abortion or loss of produce or being at large (not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.
Under the Land Reform (Scotland) Act 2003, access rights do not allow members of the public on to land with a dog which is not under proper control.
The Scottish Outdoor Access Code
The Scottish Outdoor Access Code (SOAC) lays out the responsibilities of people enjoying their access rights and of those who manage the land. It offers guidance for people enjoying the countryside with their dogs and says: “In exercising access rights, you must keep your dog(s) under proper control. You must also ensure that your dog does not worry livestock.” The Scottish Outdoor Access Code says ‘proper control’ means different things in different situations, but when around sheep you should:-
Not take your dog in to a field where there are lambs. Go in to a neighbouring field or on to adjacent land. In open country, keep your dog on a short lead (2 metres or shorter) when there are lambs around and keep away from them.
Keep your dog on a short lead or under close control if you need to go in to a field where there are sheep. The SOAC defines ‘under close control’ as at heel and responsive to your commands. Stay distant from the sheep.
Keep your dog under close control in more open country where there are sheep and stay away from them. The SOAC reminds dog owners that in some cases a farmer has the right to shoot a dog that is attacking their livestock.
If you are handling a group of dogs, make sure that they do not cause alarm to livestock.