Dogs Act 1906

1906 CHAPTER 32 6 Edw 7

An Act to consolidate and amend the Enactments relating to injury to live stock by Dogs, and otherwise to amend the Law relating to Dogs.

[4th August 1906] F1

Textual Amendments

F1 Act repealed (N.I.) (19. 12. 1983) by S.I. 1983/764 (N.I. 8), art. 56(2), Sch. 2; S.R. 1983/376, art. 2.

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

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

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) Where a dog is proved to have injured cattle [F4 or poultry] or chased sheep, it may be dealt with under section two of the M1 Dogs Act, 1871, as a dangerous dog.

Textual Amendments

F2 S. 1(1)(2) repealed and superseded (E.W.S.) by (E.W.) Animals Act 1971 (c. 22), ss. 1, 13(2)(a) and (S.) Animals (Scotland) Act 1987 (c. 9, SIF 4:6), ss. 1(8)(c), 8(2), Sch.

F3 S. 1(3) repealed (E.W.S.) by (E.W.) Animals Act 1971 (c. 22), s. 13(2)(a) and (S.) Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 8(2), Sch.

F4 Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 1

Marginal Citations

M1 1871 c. 56.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 2 repealed by Diseases of Animals Acts 1950 (c. 36), s. 89, Sch. 5

3 Seizure of stray dogs. E+W

(1) Where a police officer F6 . . . has reason to believe that any dog found in a highway or place of public resort [F7 or 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.

[F8 (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 F9 . . ., 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 F9 . . ., 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 [F10 in 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 [F11 5p].

(7) [F12 The 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 [F13 5p].

(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.

F14 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F6 Words in s. 3(1) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(a)(5) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3

F7 Words in s. 3(1) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(3)(a).

F8 S. 3(1A) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(3)(b)

F9 Words in s. 3(2)(4) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(b) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3

F10 S. 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)

F11 S. 3(6): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

F12 S. 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)

F13 S. 3(7): “5p” substituted (E.W.) for “one shilling” by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

F14 S. 3(9A) inserted (E.W.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 39(2)(e)(5) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3

F15 S. 3(10) repealed (E.W.) by Police Act 1964 (c. 48), Sch. 10 Pt. I

Modifications etc. (not altering text)

C2 S. 3 extended (1.4.1992) by S.I. 1992/901, art. 4

C3 S. 3(4)–(9) applied by Dogs (Protection of Livestock) Act 1953 (c. 28), s. 2(3)

3 Seizure of stray dogs. S

(1) Where a police officer F37 . . . has reason to believe that any dog found in a [F38 road] or place of public resort [F39 or 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.

[F40 (1A). The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than [F41 in 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.]

[F42 (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 F43 . . ., 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 F43 . . ., 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 [F44 in that area] F45 . . . 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 F46 . . ..

(7) [F47 The 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 F48 . . ..

[F49 (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.

F50 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F37 Words in s. 3(1) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(i)(2)(a) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3

F38 Word “road” substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(a)

F39 Words inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(a)

F40 S. 3(1A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(b)

F41 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(b)

F42 S. 3(1B) added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(c)

F43 Words in s. 3(2)(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(ii) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art.3

F44 S. 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)

F45 Words in s. 3(6) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(1)(a)(iii) and repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(2); S.I. 1992/266, art. 3

F46 Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F47 S. 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)

F48 Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F49 S. 3(7A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(a)

F50 S. 3(10) repealed (S.) by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pts. I, II

Modifications etc. (not altering text)

C4 S. 3 extended (1.4.1992) by S.I. 1992/901, art. 4

C5 S. 3(4)–(9) applied by Dogs (Protection of Livestock) Act 1953 (c. 28), s. 2(3)

[F16 4 Delivery of stray dogs to police. E+W

F17 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a dog has been [F18 taken 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 [F19 this 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 [F20 removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F21 level 1 on the standard scale].

[F22 (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.]]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F16 S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2

F17 S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3

F18 Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3

F19 Words in S. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3

F20 Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3

F21 Words “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

F22 S. 4(4) inserted (E.W.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3

[F51 4 Delivery of stray dogs to police. S

F52 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a dog has been [F53 taken 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 [F54 this 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 [F55 removes the dog but fails to keep it for at least one month,], he shall be liable on summary conviction to a fine not exceeding [F56 level 2 on the standard scale].

[F57 (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. ]

[F58 (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.]]

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F51 S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2

F52 S. 4(1) repealed (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1)(2), Sch. 15 para. 3(3)(a), Sch. 16 Pt. IX; S.I. 1992/266, art. 3

F53 Words in s. 4(2) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(b); S.I. 1992/266, art. 3

F54 Words in s. 4(2)(a) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(c); S.I. 1992/266, art. 3

F55 Words in s. 4(3) substituted (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(d); S.I. 1992/266, art. 3

F56 Words “level 2 on the standard scale” substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C(4)(5), 289G and Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(i)

F57 S. 4(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(ii)

F58 S. 4(5) inserted (S.) (1. 4. 1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 3(3)(e); S.I. 1992/266, art. 3

Modifications etc. (not altering text)

C6 S. 4 extended (S.) by Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 3(2)

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W+S

Textual Amendments

F23 S. 5 repealed by Dog Licences Act 1959 (c. 55), Sch.

F24 [F25 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 [F26 or 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 [F27 level 1 on the standard scale].]

Textual Amendments

F24 S. 6 repealed (W.) (12.5.2006) by Animal By-Products (Wales) Regulations 2006 (S.I. 2006/1293), regs. 1, 53(1)(b)

F25 S. 6 repealed (E.) (28.9.2005) by Animal By-Products Regulations 2005 (S.I. 2005/2347), regs. 1, 54(1)(b)

F26 Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 3

F27 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(b) The expression “police officer” shall mean a constable within the meaning of [F29 the M2 Police (Scotland) Act, 1967]:

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F28 S. 8(a) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

F29 Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4

F30 S. 8(c) repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. I

F31 S. 8(d) repealed by Statute Law Revision Act 1927 (c. 42)

Marginal Citations

M2 1967 c. 77.

F32 F33 9 Application of Act to Ireland. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Act 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.

F33 S. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 1

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W+S

Textual Amendments

F34 S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)

11 X1 †Short title and commencement. E+W+S

This Act may be cited as the Dogs Act, 1906 . . . F35

Editorial Information

X1 Unreliable margin note

Textual Amendments

F35 Words repealed by Statute Law Revision Act 1927 (c. 42)

F36 F36 SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)