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6. For Article 28 of the Dogs Order (setting on or urging dog to attack) substitute—
28.—(1) Any person who sets a dog on—
(a)any livestock, or
(b)any other animal owned by another person,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) If a dog—
(a)worries livestock, or
(b)attacks and injures any other animal owned by another person,
the keeper of the dog and, if it is in the charge of a person other than its keeper, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) This Article does not apply to a dog while being used—
(a)for police purposes;
(b)for such other purposes as the Department may by order specify.
(4) A person is not guilty of an offence under this Article by reason of anything done by the dog if at the material time—
(a)the livestock or other animal is trespassing on any land; and
(b)the dog is—
(i)kept by, or in the charge of, the occupier of that land; or
(ii)in the charge of a person authorised by the occupier to remove the livestock or other animal from that land.
(5) The keeper of a dog shall not be convicted of an offence under paragraph (2) if he shows that at the material time the dog was in the charge of some other person whom he reasonably believed to be a fit and proper person to be in charge of the dog.”.
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