Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021
| Jurisdiction | Scotland |
| Citation | 2021 asp 18 |
| Year | 2021 |
(1) The Dogs (Protection of Livestock) Act 1953 (“the 1953 Act”) is amended as follows.(2) The title of section 1 becomes “ Offence where dog attacks or worries livestock on agricultural land ” .in subsection (1) , after “a dog” insert “ attacks or ” ,in subsection (2) , paragraph (a) is repealed,after “guide dog” insert “ or other assistance dog ” ,after “hunt” insert “ , but only if and to the extent that the dog is performing the role in question ” ,before “worrying” insert “ attacking or ” ,before “worried” insert “ attacked or ” ,in subsection (6) , for paragraphs (a) and (b) substitute—“ attacking or ” .(5) The modification made by subsection (3) (e) applies only to offences committed on or after the date on which the modification comes into force.(1) After section 1 of the 1953 Act, insert—“ (other than premises) ” ,for “that land, and the land” substitute “ land that ” .(3) After that subsection, insert—“ (9) ” ,for “under the last preceding subsection” substitute “ by a police officer under subsection (2) of this section ” ,at the end, add “ , subject to subsection (5) of this section ” .(5) After that subsection insert—
- (a) to imprisonment for a term not exceeding 12 months;
- (b) to a fine not exceeding £40,000; or
- (c) both.
- “(1) Where a person (P) is convicted of an offence under section 1, the court may make an order—
- (a) disqualifying P from owning or keeping a dog during such period as the court thinks fit,
- (b) 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
- (c) both.
- “(2A) Where in the case of a dog found on any land (other than premises) a police officer has reasonable cause to believe that—
- (a) 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
- (b) 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.
- “(4) 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—
- (a) disregarding the words “and paid all expenses incurred by reason of its detention” where they appear in subsection (4) of that section, and
- (b) subsection (5) of this section.
- “(1) Subsection (4) applies if, on an application made by a constable, a sheriff or a justice of the peace is satisfied—
- (a) 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
- (b) that either subsection (2) or subsection (3) is complied with in relation to the premises.
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