Dogs (Protection of Livestock) Act 1953

Dogs (Protection of Livestock) Act 1953 An Act to provide for the punishment of persons whose dogs worry livestock on agricultural land; and for purposes connected with the matter aforesaid. Subject to the provisions of this section, if a dog attacks or worries livestock on any agricultural land or on a road or path, the owner of the dog, and, if it is in the charge of a person other than its owner, that person also, shall be guilty of an offence under this Act. For the purposes of this Act worrying livestock means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . chasing livestock in such a way as may reasonably be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or loss of or diminution in their produce; or being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep Subsection (2)(c) of this section shall not apply in relation to— a dog owned by, or in the charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either of those persons; or a police dog, a guide dog, trained sheep dog, a working gun dog or a pack of hounds. A person shall not be guilty of an offence under this Act by reason of anything done by a dog on any agricultural land, 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. A person is not guilty of an offence under this Act by reason of anything done by a dog on a road or path if at the material time the livestock are on the road or path as a result of straying from where they are kept, unless the person causes the dog to attack the livestock. The owner of a dog shall not be convicted of an offence under this Act in respect of the attacking or worrying of livestock by the dog if the owner proves that at the time when the dog attacked or worried the livestock it was in the charge of some other person and that— the owner reasonably believed that other person to be a fit and proper person to be in charge of the dog, or the owner did not consent to the dog’s being in the charge of that other person. Where the Minister is satisfied that it is inexpedient 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. A person who commits an offence under this section is liable on summary conviction to a fine. Where— a person is convicted of an offence under this section which was committed on or after this subsection comes into force, and the dog in respect of which the offence was committed was seized and detained in connection with the offence in accordance with section 2(8) and (9) (dogs posing continuing threat), the court may order the person to pay whatever sum the court determines to be the reasonable expenses incurred by reason of the dog’s seizure and detention. A court may make an order under subsection (7) whether or not it deals with the person in any other way for the offence. A sum required to be paid by an order under subsection (7) is treated for the purposes of enforcement as if it were compensation payable under a compensation order (as defined in section 133 of the Sentencing Code). Where a person (P) is convicted of an offence under section 1, the court may make an order— disqualifying P from owning or keeping a dog during such period as the court thinks fit, requiring P, during such period as the court thinks fit, to prevent any dog of which P has charge from going on to land which P knows, or reasonably ought to know, is agricultural land on which livestock is present or is likely to be present, or both. Where P is convicted of an offence under section 1, then for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c.46) an order under subsection (1) is to be treated as a sentence. If P fails to comply with an order under subsection (1), P commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Subsection (5) applies where an order has been made under subsection (1) and at least one year has elapsed since the order was made. P may, in such manner as may be prescribed by rules of court, apply to the court which made the order for the order to be discharged in whole or in part, or otherwise varied. If the application in respect of an order is refused, in whole or in part— P may appeal to the Sheriff Appeal Court, and no further application in respect of that order shall otherwise be competent unless at least one year has elapsed from the date of the refusal. A constable may seize a dog if— they have reasonable grounds to believe that the dog has attacked or worried livestock on agricultural land or on a road or path, and nobody present where the dog is found admits to being the dog’s owner or in charge of it. A constable may detain a dog seized under subsection (1) until the owner has claimed it and paid all expenses incurred by reason of its seizure and detention. If the owner of the dog does not claim it and pay those expenses before the end of the period of seven days beginning with the day after the day on which the dog was seized under subsection (1), a constable may dispose of the dog. If the constable disposes of the dog by giving it or selling it to a person acting in good faith, that person becomes the owner of the dog. The chief officer of police for each police area must keep, or cause to be kept, a register of all dogs seized under subsection (1) in their area, containing the following information— a brief description of the dog; the date of seizure of the dog; if the dog is disposed of under subsection (3), how. Each register kept under subsection (5) must be available, at all reasonable times, for inspection by the public free of charge. For the purposes of this section, “disposing of” a dog includes— causing it to be disposed of, and destroying it or causing it to be destroyed, but does not include disposing of it for the purposes of vivisection. A constable may seize a dog if they have reasonable grounds to believe that— the dog has attacked or worried livestock on agricultural land or on a road or path, and unless it is detained, there is a risk that the dog could attack or worry livestock again. A constable may detain a dog seized under subsection (8)— until an investigation has been carried out into whether an offence under section 1 has been committed by reason of the dog attacking or worrying livestock, or if proceedings are brought in respect of such an offence, until those proceedings have been determined or withdrawn. Subsection (2) applies where a constable has reasonable grounds to believe that— a dog has attacked or worried livestock on agricultural land or on a road or path, and information derived from a sample or impression taken from the dog might provide evidence of an offence under section 1. A sample or impression may be taken from the dog; and a constable may seize and detain the dog in order that the sample or impression may be taken. Subsection (4) applies where a constable has reasonable grounds to believe that— information derived from a sample or impression taken from any livestock might provide evidence of an offence under section 1. A sample or impression may be taken from the livestock. If taking a sample or impression under this section would amount to veterinary surgery, it must be done by a veterinary surgeon. A sample or impression taken under this section may be retained— In this section— “sample” means any material that has come from the body of an animal and consists of, or includes, animal cells; “veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966; “veterinary surgery” has the same meaning as in that Act. Subsection (2) applies if, on an application made by a constable, a justice of the peace is satisfied that there are reasonable grounds for believing— that an offence under section 1 has been committed, and that the dog in respect of which the offence has been committed is on premises specified in the application. The justice of the peace may issue a warrant authorising a constable to enter and search the premises in order to— identify the dog, seize and detain the dog under section 2, or take a sample or impression from the dog under section 2ZA. Subsection (4) applies if, on an application made by a constable, a justice of the peace is satisfied that there are reasonable grounds for believing— that anything that may be evidence of that offence could be on premises specified in the application. The justice of the peace may issue a warrant authorising a constable to enter and search the premises in order to seize any evidence of that offence that may be found. A warrant under this section may authorise the constable executing it to use reasonable force if necessary. Where a dog has been seized by a constable under section 2(2A) or section 2A(4)(c) of this Act, the constable may, without prejudice to any other power and whether or not in the presence of the owner or person in charge of the dog, arrange for the dog to be examined by a veterinary surgeon, and for the veterinary surgeon to take samples from the dog, for the purposes of identifying and securing evidence of the commission of an offence under this Act. 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, camelids 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. 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. 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. This Act may be cited as the Dogs (Protection of Livestock) Act, 1953. This Act shall not extend to Northern Ireland. Subject to the provisions of this section, if a dog attacks or worries livestock on any agricultural land, the owner of the dog, and, if it is in the charge of a person other than its owner, that person also, shall be guilty of an offence under this section. a police dog, a guide dog or other assistance dog, trained sheep dog, a working gun dog or a dog lawfully used to hunt , but only if and to the extent that the dog is performing the role in question. A person shall not be guilty of an offence under this section 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. The owner of a dog shall not be convicted of an offence under this section in respect of the attacking or worrying of livestock by the dog if he proves that at the time when the dog attacked or 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. A person guilty of an offence under this section shall be liable on summary conviction— to imprisonment for a term not exceeding 12 months; to a fine not exceeding £40,000; or As respects an offence under this Act alleged to have been committed in respect of a dog on any agricultural land in England or Wales, no proceedings shall be brought except— by or with the consent of the chief officer of police for the police area in which the land is situated, or by the occupier of the land, or by the owner of any of the livestock in question. Where in the case of a dog found on any land (other than premises) — a police officer has reasonably cause to believe that the dog has been attacking or worrying livestock on land that appears to him to be agricultural land, and 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 all expenses incurred by reason of its detention. Where in the case of a dog found on any land (other than premises) a police officer has reasonable cause to believe that— the dog has been attacking or worrying livestock on land (whether the land on which the dog is found or other land) that appears to him to be agricultural land, and it is necessary to seize the dog in order to identify and secure evidence of the commission of an offence under section 1 of this Act, then the police officer may seize the dog and may detain it for as long as necessary to identify and secure any such evidence. Subsections (4) to (9) 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 by a police officer under subsection (2) of this section as they 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) , subject to subsection (5) of this section. Subsections (2) to (9) of section three of the Dogs Act, 1906 shall apply in relation to dogs seized by a police officer under subsection (2A) of this section as they apply in relation to dogs seized under subsection (1) of that section, subject to— disregarding the words “and paid all expenses incurred by reason of its detention” where they appear in subsection (4) of that section, and subsection (5) of this section. The application of section three of the Dogs Act, 1906 to dogs seized under this section is subject to a presumption that, unless there are reasonable grounds to suspect that the dog is dangerous or it is otherwise impracticable to do so, the dog should be sold rather than destroyed. Subsection (4) applies if, on an application made by a constable, a sheriff or a justice of the peace is satisfied— that there are reasonable grounds for believing that a dog in respect of which an offence under this Act has been committed is on premises specified in the application, and that either subsection (2) or subsection (3) is complied with in relation to the premises. This subsection is complied with in relation to premises if— either— admission to the premises has been refused, or such a refusal may reasonably be expected, and notice of the intention to seek a warrant has been given to the occupier of the premises, or the giving of such notice would frustrate the purpose for which the warrant is sought. This subsection is complied with if the premises are unoccupied or the occupier is temporarily absent. Where this subsection applies, the sheriff or justice of the peace may issue a warrant authorising a constable to enter the premises (using such force as is reasonably necessary) and to search them in order to— ascertain who is the owner of the dog in the event that no person is present who admits to being the owner or to being in charge of the dog, in which case the constable may seize the dog and may detain it until the owner has claimed it and paid all expenses incurred by reason of its detention, and examine, seize and detain the dog in order to identify and secure evidence of the commission of an offence under this Act. A warrant issued under this section shall be authority for opening lockfast places and may authorise persons named in the warrant, or persons carrying out roles specified in the warrant, to accompany a constable who is executing it. Subsection (3) or, as the case may be, subsection (5) of section 2 of this Act shall apply to any dog seized by a constable under subsection (4)(b) of this section as if the dog had been seized by a police officer under subsection (2) of that section. Subsection (4) or, as the case may be, subsection (5) of section 2 of this Act shall apply to any dog seized by a constable under subsection (4)(c) of this section as if the dog had been seized by a police officer under subsection (2A) of that section. “agricultural land” means land used as arable, meadow or grazing land (including woodland that is used for grazing) , or for the purpose of poultry farming, pig farming, the raising of game birds, market gardens, allotments, nursery grounds or orchards; ... “assistance dog” has the meaning given by section 173(1) of the Equality Act 2010; “livestock” means cattle, sheep, goats, swine, horses, camelids, ostriches, farmed deer, enclosed game birds or poultry, and for the purposes of this definition “cattle” means bulls, cows, oxen, buffalo, heifers or calves, “horses” includes donkeys and mules, “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production, “enclosed game birds” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes, and “poultry” means domestic fowls, turkeys, geese or ducks; “veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c.36). The Scottish Ministers may by regulations amend the definitions in subsection (1). Regulations under subsection (4) of this section are subject to the affirmative procedure. Act: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only Word “or” and paragraph (c) added by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 3(1) S. 1(2A) added by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 3(2) Words in s. 1(2A)(b) substituted (S.) (1.8.2002) by 2002 asp 6, s. 11, Sch. para. 4; SSI 2002/181, art. 2 S. 1(5): certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2, Sch. This version of this provision extends to England and Wales only; a separate version has been created for Scotland only S. 1(5): certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2 Style and title of Minister of Agriculture and Fisheries now changed to Minister of Agriculture, Fisheries and Food: S.I. 1955/554 (1955 I, p. 1200) Words in s. 1(4) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(d)(i), 7(2) Words in s. 2(2) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(4), 7(2) S. 3(5) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(4), 7(2) Words in s. 2(2) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(2)(b), 7(2) Words in s. 3(1) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(d), 7(2) S. 1 heading substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(2), 7(2) Words in s. 2(2) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(2)(a), 7(2) Words in s. 2(3) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(4)(b), 7(2) Words in s. 1(2A)(b) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(c)(i), 7(2) Word in s. 3(1) repealed (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(b), 7(2) Words in s. 3(1) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(e), 7(2) Words in s. 3(1) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(c), 7(2) Words in s. 1(2A)(b) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(c)(ii), 7(2) S. 2A substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 4(1), 7(2) Word in s. 2(3) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(4)(a), 7(2) S. 1A inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 2(1), 7(2) (with s. 2(2)) Word in s. 1(1) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 6, 7(2) S. 2B inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 4(2), 7(2) Words in s. 3(1) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(a)(ii), 7(2) S. 2(2A) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(3), 7(2) Words in s. 3(1) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(2)(a)(i), 7(2) S. 1(6)(a)-(c) substituted for s. 1(6)(a)(b) (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(e), 7(2) (with s. 1(5)) Words in s. 1(4) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(d)(ii), 7(2) Word in s. 1(6) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 6, 7(2) S. 1(2)(a) repealed (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(b), 7(2) Word in s. 1(4) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 6, 7(2) Words in s. 1(1) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 1(3)(a), 7(2) Word in s. 1(3) substituted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 6, 7(2) S. 2(4)(5) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(5), 7(2) S. 3(4) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 5(3), 7(2) Words in s. 2(3) inserted (S.) (5.11.2021) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(4)(c), 7(2) This version of this provision extends to England and Wales only. A separate version has been created for Scotland only. This version of this provision extends to Scotland only. A separate version has been created for England and Wales only. This version of this provision extends to Scotland only. A separate version has been created for England and Wales only. This version of this provision extends to England and Wales only. A separate version has been created for Scotland only. 1906 c. 32. S. 2ZA inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), ss. 3, 5(2) (with s. 5(3)) S. 1(3A) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(5) S. 1(6)-(9) substituted for s. 1(6) (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(7) S. 1 heading substituted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(8) Words in s. 1(1) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(2)(a) Words in s. 1(1) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(2)(b) S. 1(2)(a) omitted (E.W.) (18.3.2026) by virtue of Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(3) Words in s. 1(4) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(6)(a) Words in s. 1(4) substituted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(6)(b) Words in s. 1(4) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(6)(c) Words in s. 1(4) substituted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(6)(d) Words in s. 1(3) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 1(4) S. 2 substituted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), ss. 2(1), 5(2) (with s. 5(3)) S. 2A substituted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), ss. 4, 5(2) (with s. 5(3)) Word in s. 3(1) inserted (E.W.) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), s. 5(2), Sch. para. 2