Dogs Act 1906

1906 CHAPTER 32 6 Edw 7_cross-notes

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]

^F11 Liability of owner of dog for injury to cattle.

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

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

(4)Where a dog is proved to have injured cattle[^F4 or poultry^F4] or chased sheep, it may be dealt with under [^F5section two of the ^M1Dogs Act, 1871,^F5][^F5 section 9 of the Control of Dogs (Scotland) Act 2009^F5] as a dangerous dog.

^F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F73 Seizure of stray dogs. _E1

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

3 Seizure of stray dogs. _cross-notes_E3

(1)^F30Where a police officer . . . has reason to believe that any dog found in a [^F31road^F31] or place of public resort [^F32or on any other land or premises^F32] 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.

[^F33 (1A).The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than [^F34 in a road^F34] 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.^F33]

[^F35 (1B). In subsections (1) and (1A) above “ road ” has the same meaning as in the Roads (Scotland) Act 1984 . ^F35]

(2)^F36Where 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 . . ., 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)^F36Where 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 . . ., 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)^F38^,^F39^,^F40[^F37 The chief constable of the Police Service of Scotland^F37] shall keep, or cause to be kept, one or more registers of all dogs seized under this section ... . . . 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 . . ..

(7)^F41^,^F42[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 . . ..

[^F43 ( 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.^F43]

(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 [^F44Police Service of Scotland^F44] under this section shall be defrayed [^F45by the Scottish Police Authority^F45] , and any money received by the [^F44Police Service of Scotland^F44] under this section shall be paid to the [^F46Scottish Police Authority^F46] .

^F47(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F8 4 Delivery of stray dogs to police. _E2

^F9 (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [^F10 taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990^F10] then—

(a)if the finder desires to keep the dog, he shall inform the said police officer of [^F11 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^F11] , 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 [^F12 removes the dog but fails to keep it for at least one month,^F12] , he shall be liable on summary conviction to a fine not exceeding [^F13 level 1 on the standard scale^F13] .

[^F14 (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.^F14^,^F8]]

[^F48 4 Delivery of stray dogs to police. _cross-notes_E4

^F49 (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a dog has been [^F50 taken to a police station in pursuance of section 150(1) of the Environmental Protection Act 1990^F50] then—

(a)if the finder desires to keep the dog, he shall inform the said police officer of [^F51 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^F51] , 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 [^F52 removes the dog but fails to keep it for at least one month,^F52] , he shall be liable on summary conviction to a fine not exceeding [^F53 level 2 on the standard scale^F53] .

[^F54 (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. ^F54]

[^F55 (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.^F55^,^F48]]

^F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16[^F17 6 Burying of carcases.

Any person who shall knowingly and without reasonable excuse permit the carcase of any head of cattle belonging to him [^F18 or under his control^F18] 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 [^F19 level 1 on the standard scale^F19] .^F17]

7 Definition of cattle.

In this Act the expression “ cattle ” includes horses, mules, asses, sheep, goats, and swine.

8 Application of Act to Scotland.

This Act shall apply to Scotland with the following modifications:—

^F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) The expression “ police officer ” shall mean a constable within the meaning of [^F21 the [^F22 Police and Fire Reform (Scotland) Act 2012 ^F22^,^F21]] :

^F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25^,^F269 Application of Act to Ireland.

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

^F2710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 ^X1†Short title and commencement.

^F28This Act may be cited as the Dogs Act, 1906 . . .

^F29^,^F29SCHEDULE

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

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

footnote	commentary	transitional and savings	related provisions	geo extent	insert/omit
C1	Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C2	S. 3 extended (1.4.1992) by S.I. 1992/901, art. 4
C3	S. 3(2)-(9) applied (with modifications) (5.11.2021) by 1953 c. 28, s. 3(4)(5) (as inserted (S.) by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 3(5), 7(2))
C4	S. 3(4)–(9) applied by Dogs (Protection of Livestock) Act 1953 (c. 28), s. 2(3)
C5	S. 4 extended (S.) by Animals (Scotland) Act 1987 (c. 9, SIF 4:6), s. 3(2)
E1	This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
E2	This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
E3	This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
E4	This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
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.			repealed: Northern Ireland	repealed
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.			repealed: England, Wales and Scotland	repealed
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.			repealed: England, Wales and Scotland	repealed
F4	Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 1				inserted
F5	Words in s. 1(4) substituted (S.) (26.2.2011) by Control of Dogs (Scotland) Act 2010 (asp 9), s. 18(2), sch. 1 para. 1 (with s. 16)		this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: Scotland	substituted
F6	S. 2 repealed by Diseases of Animals Acts 1950 (c. 36), s. 89, Sch. 5				repealed
F7	S. 3 repealed (E.W.) (6.4.2008) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 68(1), 108(3), Sch. 5 Pt. 6 (with saving in s. 68(2)); S.I. 2008/956, art. 2; and repealed so far as still in force by virtue of 2005 c. 16, s. 68(2) (18.3.2026) by Dogs (Protection of Livestock) (Amendment) Act 2025 (c. 32), ss. 2(2), 5(2) (with s. 5(3))	this amendment is subject to savings and/or transitional provisions, see the commentary.	this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.	repealed: England and Wales	repealed
F8	S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2				substituted
F9	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				repealed
F10	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				substituted
F11	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				substituted
F12	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				substituted
F13	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			substituted: England and Wales	substituted
F14	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			inserted: England and Wales	inserted
F15	S. 5 repealed by Dog Licences Act 1959 (c. 55), Sch.				repealed
F16	S. 6 repealed (W.) (12.5.2006) by Animal By-Products (Wales) Regulations 2006 (S.I. 2006/1293), regs. 1, 53(1)(b)			repealed: Wales	repealed
F17	S. 6 repealed (E.) (28.9.2005) by Animal By-Products Regulations 2005 (S.I. 2005/2347), regs. 1, 54(1)(b)			repealed: England	repealed
F18	Words inserted by Dogs (Amendment) Act 1928 (c. 21), s. 3				inserted
F19	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			substituted: England, Wales and Scotland	substituted
F20	S. 8(a) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I				repealed
F21	Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4				substituted
F22	Words in s. 8 substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(3)			substituted: Scotland	substituted
F23	S. 8(c) repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. I				repealed
F24	S. 8(d) repealed by Statute Law Revision Act 1927 (c. 42)				repealed
F25	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.			repealed: Northern Ireland	repealed
F26	S. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 1				repealed
F27	S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)				repealed
F28	Words repealed by Statute Law Revision Act 1927 (c. 42)				repealed
F29	S. 10 and Schedule repealed by Statute Law Revision Act 1927 (c. 42)				repealed
F30	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			inserted, repealed: Scotland	inserted, repealed
F31	Word “road” substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(a)			substituted: Scotland	substituted
F32	Words inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(a)			inserted: Scotland	inserted
F33	S. 3(1A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 128(2)(b)			inserted: Scotland	inserted
F34	Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(b)				substituted
F35	S. 3(1B) added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 20(c)			added: Scotland	added
F36	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			inserted, repealed: Scotland	inserted, repealed
F37	Words in s. 3(6) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(2)(a)(i)			substituted: Scotland	substituted
F38	Words in s. 3(6) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(2)(a)(ii)			omitted: Scotland	omitted
F39	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			inserted, repealed: Scotland	inserted, repealed
F40	Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4			repealed: Scotland	repealed
F41	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)			substituted, omitted: Scotland	substituted, omitted
F42	Words repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4			repealed: Scotland	repealed
F43	S. 3(7A) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(a)			inserted: Scotland	inserted
F44	Words in s. 3(9) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(2)(b)(i)			substituted: Scotland	substituted
F45	Words in s. 3(9) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(2)(b)(ii)			substituted: Scotland	substituted
F46	Words in s. 3(9) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 1(2)(b)(iii)			substituted: Scotland	substituted
F47	S. 3(10) repealed (S.) by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pts. I, II			repealed: Scotland	repealed
F48	S. 4 substituted by Dogs (Amendment) Act 1928 (c. 21), s. 2				substituted
F49	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				repealed
F50	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				substituted
F51	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				substituted
F52	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				substituted
F53	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)			substituted: Scotland	substituted
F54	S. 4(4) inserted (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 75(b)(ii)			inserted: Scotland	inserted
F55	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			inserted: Scotland	inserted
M1	1871 c. 56.
X1	Unreliable margin note

Defined Term	Section/Article	ID
cattle	s. 7	def_f4419d4d2e
police officer	s. 8	def_7bc72dc3dd
road	s. 3	def_e9b67d8e0b

Dogs Act 1906

1906 CHAPTER 32 6 Edw 7cross-notes

F11 Liability of owner of dog for injury to cattle.

F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73 Seizure of stray dogs. E1

3 Seizure of stray dogs. cross-notesE3

[F8 4 Delivery of stray dogs to police. E2

[F48 4 Delivery of stray dogs to police. cross-notesE4

F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16[F17 6 Burying of carcases.

7 Definition of cattle.

8 Application of Act to Scotland.

F25,F269 Application of Act to Ireland.

F2710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 X1†Short title and commencement.

F29,F29SCHEDULE

Status of changes to instrument text

1906 CHAPTER 32 6 Edw 7_cross-notes

^F11 Liability of owner of dog for injury to cattle.

^F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F73 Seizure of stray dogs. _E1

3 Seizure of stray dogs. _cross-notes_E3

[^F8 4 Delivery of stray dogs to police. _E2

[^F48 4 Delivery of stray dogs to police. _cross-notes_E4

^F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16[^F17 6 Burying of carcases.

^F25^,^F269 Application of Act to Ireland.

^F2710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 ^X1†Short title and commencement.

^F29^,^F29SCHEDULE