Highways Act 1980

155 Penalties in connection with straying animals

(1) If any horses, cattle, sheep, goats or swine are at any time found straying or lying on or at the side of a highway then-keeper is guilty of an offence; but this subsection does not apply in relation to a part of a highway passing over any common, waste or unenclosed ground.

In this section " keeper ", in relation to any animals, means a person in whose possession they are.

(2) A person guilty of an offence under this section is liable to a fine not exceeding £20 for a first offence and £50 for a second or subsequent offence.

(3) A person guilty of an offence under this section is also liable to pay the reasonable expenses of removing any animal so found straying or lying to the premises of their keeper, or to the common pound, or to such other place as may have been provided for the purpose, and any person who incurs such expenses is entitled to recover them summarily as a civil debt.

For the purposes of this subsection " expenses", in a case where an animal has been removed to the common pound, includes the usual fees and charges of the authorised keeper of the pound.

(4) If a person, without lawful authority or excuse, releases any animal seized for the purpose of being impounded under this section from the pound or other place where it is impounded, or on the way to or from any such place, or damages any such place, he is guilty of an offence and liable to a fine not exceeding £50.

(5) Nothing in this section prejudices or affects any right of pasture on the side of a highway.