Dogs Act 1906

1 Liability of owner of dog for injury to cattle.E+W+S

F1(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a dog is proved to have injured cattle [F3or poultry] or chased sheep, it may be dealt with under [F4section two of the M1Dogs Act, 1871,][F4section 9 of the Control of Dogs (Scotland) Act 2009] as a dangerous dog.

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F63 Seizure of stray dogs.E+W

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3 Seizure of stray dogs.S

(1)Where a police officer F28. . . has reason to believe that any dog found in a [F29road] or place of public resort [F30or 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.

[F31(1A).The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than [F32in 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.]

[F33(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 F34. . ., 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 F34. . ., 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)[F35The chief constable of the Police Service of Scotland] shall keep, or cause to be kept, one or more registers of all dogs seized under this section F36... F37. . . 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 F38. . ..

(7)[F39The 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 F40. . ..

[F41( 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 [F42Police Service of Scotland] under this section shall be defrayed [F43by the Scottish Police Authority], and any money received by the [F42Police Service of Scotland] under this section shall be paid to the [F44Scottish Police Authority].

F45(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 4 Delivery of stray dogs to police.E+W

F8(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [F9taken 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 [F10this 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 [F11removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F12level 1 on the standard scale].

[F13(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.]]

[F46 4 Delivery of stray dogs to police. S

F47(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [F48taken 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 [F49this 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 [F50removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F51level 2 on the standard scale].

[F52(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. ]

[F53(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.]]

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F15 [F16 6 Burying of carcases.E+W+S

Any person who shall knowingly and without reasonable excuse permit the carcase of any head of cattle belonging to him [F17or 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 [F18level 1 on the standard scale].]

7 Definition of cattle.E+W+S

In this Act the expression “cattle” includes horses, mules, asses, sheep, goats, and swine.

8 Application of Act to Scotland.E+W+S

This Act shall apply to Scotland with the following modifications:—

F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)The expression “police officer” shall mean a constable within the meaning of [F20the [F21Police and Fire Reform (Scotland) Act 2012]]:

F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24F259 Application of Act to Ireland. E+W+S

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F2610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

11X1†Short title and commencement.E+W+S

This Act may be cited as the Dogs Act, 1906 F27. . .