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Dogs Act 1906

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

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

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

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

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Amendments (Textual)

Marginal Citations

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

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Amendments (Textual)

3 Seizure of stray dogs.E+W

(1)Where a police officer F5. . . has reason to believe that any dog found in a highway or place of public resort [F6or 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.

[F7(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 F8. . ., 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 F8. . ., 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 [F9in 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 [F105p].

(7)[F11The 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 [F125p].

(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.

F13(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F9S. 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)

F10S. 3(6): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

F11S. 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).

F12S. 3(7): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

Modifications etc. (not altering text)

C1S. 3 extended (1. 4. 1992) by S.I. 1992/901, art.4.

3 Seizure of stray dogs.S

(1)Where a police officer F31. . . has reason to believe that any dog found in a [F32road] or place of public resort [F33or 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.

[F34(1A).The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than [F35in 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.]

[F36(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 F37. . ., 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 F37. . ., 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 [F38in that area] F39. . . 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 F40. . ..

(7)[F41The 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 F42. . ..

[F43(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.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

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Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F32Word “road” substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(a)

F38S. 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).

F41S. 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).

Modifications etc. (not altering text)

C6S. 3 extended (1. 4. 1992) by S.I. 1992/901, art.4.

[F154 Delivery of stray dogs to police.E+W

F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [F17taken 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 [F18this 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 [F19removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F20level 1 on the standard scale].

[F21(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.]]

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Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F20Words “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

[F454 Delivery of stray dogs to police. S

F46(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [F47taken 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 [F48this 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 [F49removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F50level 2 on the standard scale].

[F51(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.]

[F52(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.]]

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Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

Modifications etc. (not altering text)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+S

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Amendments (Textual)

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 [F23or 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 [F24level 1 on the standard scale].

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Amendments (Textual)

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:—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(b)The expression “police officer” shall mean a constable within the meaning of [F26the M2Police (Scotland) Act, 1967]:

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

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Amendments (Textual)

Marginal Citations

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

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

(a)The Department of Agriculture and Technical Instruction for Ireland shall be substituted for the Board of Agriculture and Fisheries:

(b)The expressions “chief officer of the police” and “police area” shall mean . . . . . the district inspector of the Royal Irish Constabulary, and the district over which he is appointed:

(c)The expenses incurred by the police under section three of this Act shall on demand be paid to the chief officer of police out of the money in the hands of the registrar arising from the sale of licences under the Dogs Regulation (Ireland) Act, 1865, and any money received by the police under the said section shall be paid by the chief officer of the police to the registrar, and be applicable as money arising from the sale of licences.

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Modifications etc. (not altering text)

C3The text of s. 9 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.

C4Act 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.

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W+S

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Amendments (Textual)

11†Short title and commencement.E+W+S

This Act may be cited as the Dogs Act, 1906 . . . F30

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Amendments (Textual)

Modifications etc. (not altering text)

C5Unreliable margin note

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