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Animals Act 1971

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SupplementalE+W

10 Application of certain enactments to liability under sections 2 to [F14A]. E+W

For the purposes of the Fatal Accidents Acts 1846 to 1959, the M1Law Reform (Contributory Negligence) Act 1945 and [F2the Limitation Act 1980] any damage for which a person is liable under sections 2 to [F34A] of this Act shall be treated as due to his fault.

Textual Amendments

F1Word in s. 10 heading substituted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(4), 5(1)

F3Word in s. 10 substituted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(4), 5(1)

Modifications etc. (not altering text)

Marginal Citations

11 General interpretation.E+W

In this Act—

  • [F4common land ” means—

    (a)

    land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;

    (b)

    land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

  • town or village green ” means land registered as a town or village green in a register of town or village greens kept under Part 1 of the Commons Act 2006; ]

  • damage” includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition);

  • fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945;

  • fencing” includes the construction of any obstacle designed to prevent animals from straying;

  • [F5horse ” includes an ass, mule or hinny; ]

  • livestock” means cattle, horses, F6... sheep, pigs, goats and poultry, and also deer not in the wild state and, in sections 3 and 9, also, while in captivity, pheasants, partridges and grouse;

  • poultry” means the domestic varieties of the following, that is to say, fowls, turkeys, geese, ducks, guinea-fowls, pigeons, peacocks and quails; and

  • [F7public place ” includes—

    (a)

    any common land or town or village green;

    (b)

    any highway (and the verges of any highway);]

  • species” includes sub-species and variety.

Textual Amendments

F4Words in s. 11 substituted (31.10.2011 for E.) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 2 (with s. 60); S.I. 2011/2460, art. 2(a)(i) (with art. 3)

F5Words in s. 11 inserted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 1(3)(a), 5(1)

F6Words in s. 11 omitted (26.5.2015) by virtue of Control of Horses Act 2015 (c. 23), ss. 1(3)(b), 5(1)

F7Words in s. 11 inserted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 1(3)(c), 5(1)

12 Application to Crown.E+W

(1)This Act binds the Crown, but nothing in this section shall authorise proceedings to be brought against Her Majesty in her private capacity.

(2)Section 38(3) of the M2Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) shall apply as if this section were contained in that Act.

Marginal Citations

13 Short title, repeal, commencement and extent.E+W

(1)This Act may be cited as the Animals Act 1971.

(2)The following are hereby repealed, that is to say—

(a)in the Dogs Act 1906, subsections (1) to (3) of section 1; and

(b)in section 1(1) of the M3Dogs (Amendment) Act 1928 the words “in both places where that word occurs”.

(3)This Act shall come into operation on 1st October 1971.

(4)This Act does not extend to Scotland or to Northern Ireland.

Modifications etc. (not altering text)

C2The text of S. 13(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

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