An Act to consolidate and amend the Enactments relating to injury to live stock by Dogs, and otherwise to amend the Law relating to Dogs.
[4th August 1906] F1
Textual Amendments
F1Act repealed (N.I.) (19. 12. 1983) by S.I. 1983/764 (N.I. 8), art. 56(2), Sch. 2; S.R. 1983/376, art. 2.
Modifications etc. (not altering text)
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
F2(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where a dog is proved to have injured cattle [F4or poultry] or chased sheep, it may be dealt with under section two of the M1Dogs Act, 1871, as a dangerous dog.
Textual Amendments
F2S. 1(1)(2) repealed and superseded (E.W.S.) by (E.W.) Animals Act 1971 (c. 22), ss. 1, 13(2)(a) and (S.) Animals (Scotland) Act 1987 (c. 9, SIF 4:6), ss. 1(8)(c), 8(2), Sch.
F3S. 1(3) repealed (E.W.S.) by (E.W.) Animals Act 1971 (c. 22), s. 13(2)(a) and (S.) Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 8(2), Sch.
F4Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 1
Marginal Citations
Textual Amendments
F5S. 2 repealed by Diseases of Animals Acts 1950 (c. 36), s. 89, Sch. 5
(1)Where a police officer F6. . . has reason to believe that any dog found in a highway or place of public resort [F7or on any other land or premises] is a stray dog, he may seize the dog and may detain it until the owner has claimed it and paid all expenses incurred by reason of its detention.
[F8(1A).The powers under subsection (1) of this section shall not be exercised in relation to a dog found on any land or premises other than a highway or place of public resort unless the owner or occupier of the land or premises has consented to such exercise.]
(2)Where any dog so seized wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the chief officer of police, or any person authorised by him in that behalf F9. . ., shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been so seized, and will be liable to be sold or destroyed if not claimed within seven clear days after the service of the notice.
(3)A notice under this section may be served either—
(a)by delivering it to the person on whom it is to be served; or
(b)by leaving it at that person’s usual or last known place of abode, or at the address given on the collar; or
(c)by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or at the address given on the collar.
(4)Where any dog so seized has been detained for seven clear days after the seizure, or, in the case of such a notice as aforesaid having been served with respect to the dog, then for seven clear days after the service of the notice, and the owner has not claimed the dog and paid all expenses incurred by reason of its detention, the chief officer of police, or any person authorised by him in that behalf F9. . ., may cause the dog to be sold or destroyed in a manner to cause as little pain as possible.
(5)No dog so seized shall be given or sold for the purposes of vivisection.
(6)The chief officer of police of a police area shall keep, or cause to be kept, one or more registers of all dogs seized under this section [F10in that area]. . . which are not transferred to an establishment for the reception of stray dogs. The register shall contain a brief description of the dog, the date of seizure, and particulars as to the manner in which the dog is disposed of, and every such register shall be open to inspection at all reasonable times by any member of the public on payment of a fee of [F115p].
(7)[F12The police shall not dispose of any dog seized under this section] by transferring it to an establishment for the reception of stray dogs unless a register is kept for that establishment containing such particulars as to dogs received in the establishment as are above mentioned, and such register is open to inspection by the public on payment of a fee not exceeding [F135p].
(8)The police officer or other person having charge of any dog detained under this section shall cause the dog to be properly fed and maintained.
(9)All expenses incurred by the police under this section shall be defrayed out of the police fund, and any money received by the police under this section shall be paid to the account of the police fund.
F14(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F6Words in s. 3(1) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(a)(5) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3
F7Words in s. 3(1) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(3)(a).
F8S. 3(1A) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(3)(b)
F9Words in s. 3(2)(4) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(b) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3
F10S. 3(6): by Local Government Act 1988 (c. 9), s. 39(2)(c) new words were substituted (E.W.) for the words in brackets and by Environmental Protection Act 1990 (c. 43), s. 162(1), Sch. 15 para. 3(2) (with S.I. 1992/266, art. 3) it is provided that the amendments effected by s. 39(2) of the 1988 Act shall cease to have effect (1.4.1992)
F11S. 3(6): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)
F12S. 3(7): by Local Government Act 1988 (c. 9), s. 39(2)(d) new words were substituted (E.W.) for the words in brackets and by Environmental Protection Act 1990 (c. 43), s. 162(1), Sch. 15 para. 3(2) (with S.I. 1992/266, art.3) it is provided that the amendments effected by s. 39(2) of the 1988 Act shall cease to have effect (1.4.1992)
F13S. 3(7): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)
F14S. 3(9A) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(e)(5) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3
F15S. 3(10) repealed (E.W.) by Police Act 1964 (c. 48), Sch. 10 Pt. I
Modifications etc. (not altering text)
C2S. 3 extended (1.4.1992) by S.I. 1992/901, art. 4
C3S. 3(4)–(9) applied by Dogs (Protection of Livestock) Act 1953 (c. 28), s. 2(3)
(1)Where a police officer F35. . . has reason to believe that any dog found in a [F36road] or place of public resort [F37or on any other land or premises] is a stray dog, he may seize the dog and may detain it until the owner has claimed it and paid all expenses incurred by reason of its detention.
[F38(1A).The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than [F39in a road] or place of public resort unless the owner of the land or premises or person having the right of possession thereof has consented to such exercise.]
[F40(1B). In subsections (1) and (1A) above “ road ” has the same meaning as in the Roads (Scotland) Act 1984. ]
(2)Where any dog so seized wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the chief officer of police, or any person authorised by him in that behalf F41. . ., shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been so seized, and will be liable to be sold or destroyed if not claimed within seven clear days after the service of the notice.
(3)A notice under this section may be served either—
(a)by delivering it to the person on whom it is to be served; or
(b)by leaving it at that person’s usual or last known place of abode, or at the address given on the collar; or
(c)by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode, or at the address given on the collar.
(4)Where any dog so seized has been detained for seven clear days after the seizure, or, in the case of such a notice as aforesaid having been served with respect to the dog, then for seven clear days after the service of the notice, and the owner has not claimed the dog and paid all expenses incurred by reason of its detention, the chief officer of police, or any person authorised by him in that behalf F41. . ., may cause the dog to be sold or destroyed in a manner to cause as little pain as possible.
(5)No dog so seized shall be given or sold for the purposes of vivisection.
(6)The chief officer of police of a police area shall keep, or cause to be kept, one or more registers of all dogs seized under this section [F42in that area] F43. . . which are not transferred to an establishment for the reception of stray dogs. The register shall contain a brief description of the dog, the date of seizure, and particulars as to the manner in which the dog is disposed of, and every such register shall be open to inspection at all reasonable times by any member of the public F44. . ..
(7)[F45The police shall not dispose of any dog seized under this section] by transferring it to an establishment for the reception of stray dogs unless a register is kept for that establishment containing such particulars as to dogs received in the establishment as are above mentioned, and such register is open to inspection by the public F46. . ..
[F47(7A)Where a dog is disposed of under this section to a purchaser in good faith, the sale shall vest the ownership of the dog in the purchaser.]
(8)The police officer or other person having charge of any dog detained under this section shall cause the dog to be properly fed and maintained.
(9)All expenses incurred by the police under this section shall be defrayed out of the police fund, and any money received by the police under this section shall be paid to the account of the police fund.
F48(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F35Words in s. 3(1) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(i)(2)(a) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3
F36Word “road” substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(a)
F37Words inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(a)
F38S. 3(1A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(b)
F39Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(b)
F40S. 3(1B) added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(c)
F41Words in s. 3(2)(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(ii) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art.3
F42S. 3(6): by Civic Government (Scotland) Act 1982 (c. 45), s. 128(1)(a)(iii) new words were substituted (S.) for the words in brackets and by Environmental Protection Act 1990 (c. 43), s. 162(1), Sch. 15 para. 3(2) (with S.I. 1992/266, art. 3) it is provided that the amendments effected by s. 128(1)(a) of the 1982 Act shall cease to have effect (1.4.1992)
F43Words in s. 3(6) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(iii) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3
F44Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4
F45S. 3(7): by Civic Government (Scotland) Act 1982 (c. 45), s. 128(1)(a)(iv) new words were substituted (S.) for the words in brackets and by Environmental Protection Act 1990 (c. 43), s. 162(1), Sch. 15 para. 3(2) (with S.I. 1992/266, art. 3) it is provided that the amendments effected by s. 128(1)(a) of the 1982 Act shall cease to have effect (1.4.1992)
F46Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4
F47S. 3(7A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(a)
F48S. 3(10) repealed (S.) by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pts. I, II
Modifications etc. (not altering text)
C4S. 3 extended (1.4.1992) by S.I. 1992/901, art. 4
C5S. 3(4)–(9) applied by Dogs (Protection of Livestock) Act 1953 (c. 28), s. 2(3)
F17(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a dog has been [F18taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990] then—
(a)if the finder desires to keep the dog, he shall inform the said police officer of [F19this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog], and thereupon the finder may remove the dog, but shall be under an obligation to keep it for not less than one month;
(b)if the finder does not desire to keep the dog, the said police officer shall treat it as if it had been seized by him in pursuance of section three of this Act.
(3)If the finder [F20removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F21level 1 on the standard scale].
[F22(4)The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]]
Extent Information
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F16S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2
F17S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3
F18Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3
F19Words in S. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3
F20Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3
F21Words “level 1 on the standard scale” substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F22S. 4(4) inserted (E.W.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3
F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where a dog has been [F51taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990] then—
(a)if the finder desires to keep the dog, he shall inform the said police officer of [F52this fact and shall furnish his name and address and the police officer shall, having complied with the procedure (if any) prescribed under subsection (5) below, allow the finder to remove the dog], and thereupon the finder may remove the dog, but shall be under an obligation to keep it for not less than one month;
(b)if the finder does not desire to keep the dog, the said police officer shall treat it as if it had been seized by him in pursuance of section three of this Act.
(3)If the finder [F53removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F54level 2 on the standard scale].
[F55(4) Where a person has taken possession of a stray dog, and kept it in accordance with subsection (2)( a ) above for a period of two months without its having been claimed by the person having right to it, the person who has taken possession of it shall, at the end of that period, become the owner of the dog. ]
[F56(5)The Secretary of State may, by regulations made by statutory instrument, prescribe the procedure to be followed under subsection (2)(a) above and any instrument containing regulations under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]]
Extent Information
E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F49S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2
F50S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3
F51Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3
F52Words in s. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3
F53Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3
F54Words “level 2 on the standard scale” substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C(4)(5), 289G and Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(i)
F55S. 4(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(ii)
F56S. 4(5) inserted (S.) (1. 4. 1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3
Modifications etc. (not altering text)
C6S. 4 extended (S.) by Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 3(2)
Textual Amendments
F23S. 5 repealed by Dog Licences Act 1959 (c. 55), Sch.
Any person who shall knowingly and without reasonable excuse permit the carcase of any head of cattle belonging to him [F24or under his control] to remain unburied in a field or other place to which dogs can gain access shall be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding [F25level 1 on the standard scale].
Textual Amendments
F24Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 3
F25Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
In this Act the expression “cattle” includes horses, mules, asses, sheep, goats, and swine.
This Act shall apply to Scotland with the following modifications:—
F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)The expression “police officer” shall mean a constable within the meaning of [F27the M2Police (Scotland) Act, 1967]:
F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26S. 8(a) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I
F27Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4
F28S. 8(c) repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. I
F29S. 8(d) repealed by Statute Law Revision Act 1927 (c. 42)
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Act repealed (N.I.) (19.12.1983) by S.I. 1983/764 (N.I. 8), art. 56(2), Sch. 2; S.R. 1983 No. 376, art. 2.
F31S. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 1
Textual Amendments
F32S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)
This Act may be cited as the Dogs Act, 1906 F33. . .
Editorial Information
X1Unreliable margin note
Textual Amendments
F33Words repealed by Statute Law Revision Act 1927 (c. 42)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)