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.
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