Dogs (Protection of Livestock) Act 1953 in Scotland
1 & 2 Eliz. 2 c. 28 · Enacted 14 July 1953 · Extends to England, Wales and Scotland
An Act to provide for the punishment of persons whose dogs worry livestock on agricultural land; and for purposes connected with the matter aforesaid.
Annotations to the whole text
Modifications
- C1
Act: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
- C2
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Contents
- 1AOrders in respect of persons convicted of an offence under section 1
- 2BPower to have dog examined
- 4Short title and extent.
1AOrders in respect of persons convicted of an offence under section 1F1 S
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.
2BPower to have dog examinedF1 S
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.
4Short title and extent.
This Act may be cited as the Dogs (Protection of Livestock) Act, 1953.
This Act shall not extend to Northern Ireland.