Dogs (Protection of Livestock) Act 1953

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An Act to provide for the punishment of persons whose dogs worry livestock on agricultural land ; and for purposes connected with the matter aforesaid.
[14th July 1953

ARRANGEMENT OF SECTIONS

   1. Penalty where dog worries livestock on agricultural land.

   2.
Enforcement.

   3.
Interpretation and supplementary provisions.

   4.
Short title and extent.

Be it enacted by the Queen's most Excellent Majesty,
   by and with the advice and consent of the Lords Spiritual
   and Temporal, and Commons, in this Present Parliament
   assembled, and by the authority of the same, as follows:--

   1.--(1) Subject to the provisions of this section, if a dog worries livestock
on any agricultural land, the owner of the dog, and, if it is in charge of a person
other than its owner, that person also, shall be guilty of an offence under this
Act.

    (2) For the purposes of this Act worrying livestock means--
       (a) attacking livestock, or
       (b) chasing livestock in such a way as may reasonably be expected to
       cause injury of suffering to the livestock or, in the case of females,
       abortion or loss of or diminution in their produce.

    (3) A person shall not be guilty of an offence under this Act by reason of
anything done by a dog, if at the material time the livestock are trespassing
on the land in question and the dog is owned by, or in the charge of, the
occupier of that land or a person authorised by him, except in a case where the
said person causes the dog to attack the livestock.

    (4) The owner of a dog shall not be convicted of an offence under this Act
in respect of the worrying of livestock by the dog if he proves that at the
time when the dog worried the livestock it 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.

    (5) Where the Minister is satisfied that it is expedient that subsection (1)
of this section should apply to land in any particular area, being an area
appearing to him to consist wholly or mainly of mountain, hill, moor, heath or
down land, he may by order direct that that subsection shall not apply to
land in that area.

    (6) A person guilty of an offence under this Act shall be liable on summary
conviction--
       (a) except in a case falling within the succeeding paragraph, to a fine
       not exceeding ten pounds;
       (b) in a case where the person in question has previously been convicted
       of an offence under this Act in respect of the same dog, to a fine not
       exceeding fifty pounds.

   2.--(1) As respects an offence under this Act alleged to have been
committed in respect of a dog on any agricultural land in England and Wales,
no proceedings shall be brought except--
       (a) by or with the consent of the chief officer of police for the police area
       in which the land is situated , or
       (b) by the occupier of the land, or
       (c) by the owner of any of the livestock in question.

    (2) Where in the case of any dog found on any land--
       (a) a police officer has reasonable cause to believe that the dog has been
       worrying livestock on that land, and the land appears to him to be
       agricultural land, and
       (b) no person is present who admits to being the owner of the dog
       or in charge of it,
then for the purpose of ascertaining who is the owner of the dog the police
officer may seize it and may detain it until the owner has claimed it and paid
expenses incurred by reason of its detention.

    (3) Subsections (4) to (10) of section three of the Dogs Act (1906)
(which provide for the disposal of dogs seized under subsection (1) of
that section if unclaimed after seven days) shall apply in relation to dogs
seized under the last preceding subsection as the apply in relation to dogs
seized under subsection (1) of that section (which provides for the seizure
and detention of dogs found in highways and places of public resort and
believed to be stray dogs).

   3.--(1) In this Act--
       "agricultural land" means land used as arable, meadow or grazing land,
       or for the purpose of poultry farming, pig farming, market gardens,
       allotments, nursery grounds or orchards ; and

       "livestock" means cattle, sheep, goats, swine, horses, or poultry, and
       for the purposes of this definition "cattle" means bulls, cows, oxen,
       heifers or calves, "horses" includes asses and mules, and "poultry"
       means domestic fowls, turkeys, geese or ducks.

    (2) In this Act the expression "the Minister" as respects England and
Wales means the Minister of Agriculture and Fisheries and as respects
Scotland means the Secretary of State.

    (3) The power of the Minister to make orders under subsection (5) of
section one of this Act shall be exercisable by statutory instrument and
shall include power, exercisable in the like manner, to vary or revoke
any such order.

   4.--(1) This Act may be cited as the Dogs (Protection of livestock) Act,
1953.

    (2) This Act shall not extend to Northern Ireland.