Animals (Scotland) Act 1987

JurisdictionUK Non-devolved
Citation1987 c. 9
at the time of the injury or damage complained of, he was a keeper of the animal;the animal belongs to a species whose members generally are by virtue of their physical attributes or habits likely (unless controlled or restrained) to injure severely or kill persons or animals, or damage property to a material extent; andthe injury or damage complained of is directly referable to such physical attributes or habits.a form or variety of the species or a sub-division of the species, or the form or variety, identifiable by age, sex or such other criteria as are relevant to the behaviour of animals; anda kind which is the product of hybridisation.dogs, and dangerous wild animals within the meaning of section 7(4) of the any of the following animals in the course of foraging, namely—cattle, horses, asses, mules, hinnies, sheep, pigs, goats and deer,shall be deemed to be likely (unless controlled or restrained) to damage to a material extent land or the produce of land, whether harvested or not.(4) Subsection (1) above shall not apply to any injury caused by an animal where the injury consists of disease transmitted by means which are unlikely to cause severe injury other than disease.(5) Subsection (1) above shall not apply to injury or damage caused by the mere fact that an animal is present on a road or in any other place.(6) For the purposes of the (7) Subsections (1) and (2) of section 3 of the any rule of law which imposes liability, without proof of a negligent act or omission, on the owner or possessor of an animal for injury or damage caused by that animal on the ground that the animal isferae naturaeor is otherwise known to be dangerous or harmful;the Winter Herding Act 1686;section 1(1) and (2) of the the person sustaining it; orin the case of injury sustained by an animal, a keeper of the animal;the person sustaining the injury or damage or a keeper of the animal sustaining the injury willingly accepted the risk of it as his; orthe person sustaining the injury or damage was not authorised or entitled to be on that land; or (as the case may be) no keeper of the animal sustaining the injury was authorised or entitled to have the animal present on that land.(2) A person shall not be exempt from liability by virtue of subsection (1) (c) above if the animal causing the injury or damage was kept on the land wholly or partly for the purpose of protecting persons or property, unless the keeping of the animal there, and the use made of the animal, for that purpose was reasonable, and, if the animal was a guard dog within the meaning of the in paragraph (a) “fault” has the same meaning as in the Law Reform (Contributory Negligence) Act 1945;in paragraph (c) “authorised” means expressly or impliedly authorised.(1) Without prejudice to section 98 of the Roads (Scotland) Act 1984, where an animal strays on to any land and is not then under the control of any person, the occupier of the land may detain the animal for the purpose of preventing injury or damage by it.(2) Part VI of the

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