Dogs (Protection of Livestock) (Amendment) Bill 2024-26 Amendments

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Page 1

Show Explanatory Text

"Livestock worrying: scope and consequences of offence"

Source Bill 062 EN 2024-25

8 This clause gives effect to the Schedule, which sets out amendments to the 1953 Act. The amendments in the Schedule include increasing the maximum penalty for an offence under section 1 of the 1953 Act, extending the landscape covered to include roads and paths and including camelids in the definition of livestock. More details are set out below.

Livestock worrying: scope and consequences of offence

The Schedule contains amendments to the Dogs (Protection of Livestock) Act

1953 that—

(a)

bring incidents on roads and paths within the scope of the offence in

section 1 of that Act ;

(b)

bring camelids within the definition of “livestock” that applies for the

purposes of that offence;

(c)

exempt a dog owner from liability for that offence where the dog is

in the charge of another person without the owner’s consent;

(d)

increase the penalty that may be imposed where a person is convicted

of that offence;

(e)

allow for a court to order an offender to pay expenses associated with

seizing and detaining a dog;

(f)

update the terminology used in that Act so that attacking livestock is

dealt with separately from worrying livestock.

Show Explanatory Text

"Seizure and detention of dogs"

Source Bill 062 EN 2024-25

9 Subsection (1) of this clause replaces section 2 of the 1953 Act. This clause sets out the circumstances, described in new section 2(1) and (8), in which a constable may seize and detain a dog in relation to the offence of attacking or worrying livestock.
10 The limited scope of the existing power prevents the police from seizing a dog for prolonged periods of time. It is common for a dog alleged to have worried livestock, whose owner is awaiting trial for an offence under the 1953 Act, to commit further attacks in the interim period between the incident and the court case which can be a relatively long period (e.g., between four and twelve months). The measure aims to help prevent dogs from repeatedly worrying or attacking livestock.
11 New section 2(2) of the 1953 Act provides that a constable who seizes a dog in the circumstances described in subsection (1) may detain the dog until the owner has claimed the dog and paid all expenses incurred by reason of its seizure and detention.
12 New section 2(3) makes provision about what can be done to any dog seized under subsection (1) if they are not claimed after seven days.
13 New section 2(4) provides that if a person takes possession of a seized dog in good faith, that person becomes the owner of the dog.
14 New section 2(5) and (6) sets out requirements in relation to the keeping of a register of all dogs seized under subsection (1) by the chief officer of police for each police area.
15 New section 2(7) includes a definition of "disposing of" a dog for the purposes of this section.
16 New section 2(8) and (9) empowers the police to seize and detain a dog where they have reasonable grounds to believe that the dog poses a risk of attacking or worrying livestock again, if not detained.
17 Subsection (2) of this clause makes consequential provision to repeal section 3 of the Dogs Act 1906 so far as it is still in force by virtue of section 68(2) of the Clean Neighbourhoods and Environment Act 2005.

Seizure and detention of dogs

(1)

For section 2 of the Dogs (Protection of Livestock) Act 1953 substitute—

“2

Seizure and detention of dogs

Dog found without owner or person in charge

(1)

A constable may seize a dog if—

(a)

they have reasonable grounds to believe that the dog has

attacked or worried livestock on agricultural land or on a road

or path, and

Page 2

(b)

nobody present where the dog is found admits to being the

dog’s owner or in charge of it.

(2)

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.

(3)

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.

(4)

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.

(5)

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)

a brief description of the dog;

(b)

the date of seizure of the dog;

(c)

if the dog is disposed of under subsection (3) , how.

(6)

Each register kept under subsection (5) must be available, at all

reasonable times, for inspection by the public free of charge.

(7)

For the purposes of this section, “disposing of” a dog includes—

(a)

causing it to be disposed of, and

(b)

destroying it or causing it to be destroyed,

but does not include disposing of it for the purposes of vivisection.

Dog posing continuing threat

(8)

A constable may seize a dog if they have reasonable grounds to believe

that—

(a)

the dog has attacked or worried livestock on agricultural land

or on a road or path, and

(b)

unless it is detained, there is a risk that the dog could attack

or worry livestock again.

(9)

A constable may detain a dog seized under subsection (8) —

(a)

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

(b)

if proceedings are brought in respect of such an offence, until

those proceedings have been determined or withdrawn.”

(2)

Section 3 of the Dogs Act 1906 (seizure of stray dogs), so far as still in force

by virtue of section 68 (2) of the Clean Neighbourhoods and Environment Act

2005 , is repealed.

Page 3

Show Explanatory Text

"Collection of samples and impressions"

Source Bill 062 EN 2024-25

18 This clause inserts a new section 2ZA. Subsections (1) to (4) of new section 2ZA enable a constable to take samples or impressions from a dog or livestock where this might provide evidence of an offence being committed under section 1 of the 1953 Act and seize and detain a dog for that purpose. As livestock attacks take place in rural areas, there is a lack of CCTV coverage and eyewitnesses, and limited house to house enquiry or Crime Scene Investigation (CSI) opportunities. Therefore, information derived from a sample or impressions to link a dog to an incident could be a key enabling factor to increase the rate of successful prosecutions.
19 Subsection (5) provides that if the act of taking a sample or impression would amount to an act of veterinary surgery, it must be done by a veterinary surgeon.
20 Subsection (6) makes provision about how long samples and impressions taken under this section may be retained.
21 Subsection (7) defines “sample”, “veterinary surgeon”, and “veterinary surgery" for the purpose of this section.

Collection of samples and impressions

After section 2 of the Dogs (Protection of Livestock) Act 1953 insert—

“2ZA

Collection of samples and impressions

(1)

Subsection (2) applies where a constable has reasonable grounds to

believe that—

(a)

a dog has attacked or worried livestock on agricultural land

or on a road or path, and

(b)

information derived from a sample or impression taken from

the dog might provide evidence of an offence under section 1.

(2)

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.

(3)

Subsection (4) applies where a constable has reasonable grounds to

believe that—

(a)

a dog has attacked or worried livestock on agricultural land

or on a road or path, and

(b)

information derived from a sample or impression taken from

any livestock might provide evidence of an offence under

section 1.

(4)

A sample or impression may be taken from the livestock.

(5)

If taking a sample or impression under this section would amount to

veterinary surgery, it must be done by a veterinary surgeon.

(6)

A sample or impression taken under this section may be retained—

(a)

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

(b)

if proceedings are brought in respect of such an offence, until

those proceedings have been determined or withdrawn.

(7)

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 .”

Page 4

Show Explanatory Text

"Powers of entry"

Source Bill 062 EN 2024-25

22 This clause replaces section 2A of the 1953 Act. It enables a warrant to be issued by a justice of the peace authorising the entry and search of premises by a constable in order to identify a dog in respect of which an offence under section 1 has been committed, seize and detain the dog under section 2, take a sample or impression from the dog under section 2ZA or to seize any evidence of an offence under section 1 that may be found. Examples of items of evidence could include a bloody dog collar or towel.
23 Subsections (1) and (3) of new section 2A provide that the justice of the peace who issues a warrant under this clause must be satisfied that there are reasonable grounds to believe that an offence under section 1 has been committed.
24 Subsection (5) provides that a warrant under this clause may authorise the constable to use reasonable force if necessary.

Powers of entry

For section 2A of the Dogs (Protection of Livestock) Act 1953 substitute—

“2A

Power of justice of the peace to authorise entry and search

(1)

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—

(a)

that an offence under section 1 has been committed, and

(b)

that the dog in respect of which the offence has been committed

is on premises specified in the application.

(2)

The justice of the peace may issue a warrant authorising a constable

to enter and search the premises in order to—

(a)

identify the dog,

(b)

seize and detain the dog under section 2, or

(c)

take a sample or impression from the dog under section 2ZA.

(3)

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—

(a)

that an offence under section 1 has been committed, and

(b)

that anything that may be evidence of that offence could be

on premises specified in the application.

(4)

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.

(5)

A warrant under this section may authorise the constable executing

it to use reasonable force if necessary.”

Show Explanatory Text

"Extent, commencement, transitional provision and short title"

Source Bill 062 EN 2024-25

25 Subsection (1) of this clause sets out the territorial extent of this Bill as England and Wales.
26 Subsection (2) sets out when this Bill will come into force. The Bill will come into force at the end of the period of three months beginning with the day on which this Act is passed.
27 Subsection (3) clarifies that the powers conferred by clauses 2, 3 and 4 are available in connection with any worrying or attacking of livestock which took place (or is alleged to have taken place) before the Bill comes into force.
28 Subsection (4) provides that the short title of the legislation is the Dogs (Protection of Livestock) (Amendment) Act 2024.

Extent, commencement, transitional provision and short title

(1)

This Act extends to England and Wales only.

(2)

This Act comes into force at the end of the period of three months beginning

with the day on which this Act is passed.

(3)

The fact that any worrying or attacking of livestock took place (or is alleged

to have taken place) before this Act comes into force does not in itself affect

the availability, in connection with that worrying or attacking, of the powers

conferred by virtue of sections 2 , 3 and 4 .

(4)

This Act may be cited as the Dogs (Protection of Livestock) (Amendment)

Act 2025.

Page 5

Schedule

Section 1

Show Explanatory Text

"Amendments to the"

Source Bill 062 EN 2024-25

29 This Schedule makes amendments to the 1953 Act.
30 Paragraphs 1(2)(b), 1 (4) and 1(5) amend section 1 of the 1953 Act to bring roads and paths within scope of the offence. Animals might be herded along a road or path when moving to another field, or dairy cattle might be moved from a field to a milking parlour, for example. During these moves they may be vulnerable to dog attacks.
31 Paragraph 1(2)(a), (3), (6)(a) and (c) and (8) update the terminology used in the 1953 Act so that attacking livestock is dealt with separately from worrying livestock. The purpose of the amendment is to recognise the violent nature of those offences.
32 Paragraph 1(6)(d) amends section 1(4) of the 1953 Act so as to exempt a dog owner from liability for an offence where the dog is in the charge of another person without the owner's consent.
33 Paragraph 1(7) replaces section 1(6) of the 1953 Act, which sets out the penalty for an offence under section 1 of the 1953 Act. A person who commits an offence under section 1 is currently liable on summary conviction to a fine not exceeding level 3 on the standard scale (i.e. £1000). This amendment increases the penalty on summary conviction to an unlimited fine.
34 Paragraph 1(7) also inserts new section 1(7) to (9) into the 1953 Act. This amendment allows a court to make an order requiring a person convicted of an offence under section 1 of the 1953 Act to pay expenses incurred in the seizure and detention of the dog in respect of which the offence was committed under section 2(8) and (9).
35 Paragraph 2 amends section 3(1) of the 1953 Act 1953 to include camelids in the definition of "livestock".

Amendments to the

(1)

Section 1 of the Dogs (Protection of Livestock) Act 1953 (offence) is amended

as follows.

(2)

In subsection (1) (creation of offence)—

(a)

before “worries” insert “attacks or”;

(b)

after “land” insert “or on a road or path”.

(3)

In subsection (2) (meaning of “worrying livestock”), omit paragraph (a) .

(4)

In subsection (3) (livestock trespassing), after “a dog” insert “on any

agricultural land”.

(5)

After subsection (3) insert—

“(3A)

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.”

(6)

In subsection (4) (dog in charge of someone other than owner)—

(a)

before “worrying” insert “attacking or”;

(b)

for “he proves” substitute “the owner proves”;

(c)

before “worried” insert “attacked or”;

(d)

for the words from “, whom” to the end substitute “and that—

“(a)

the owner reasonably believed that other person to

be a fit and proper person to be in charge of the dog,

(b)

the owner did not consent to the dog’s being in the

charge of that other person.”

(7)

For subsection (6) substitute—

“(6)

A person who commits an offence under this section is liable on

summary conviction to a fine.

(7)

Where—

(a)

a person is convicted of an offence under this section which

was committed on or after this subsection comes into force,

and

(b)

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.

Page 6

(8)

A court may make an order under subsection (7) whether or not it

deals with the person in any other way for the offence.

(9)

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).”

(8)

For the heading substitute “Offence where dog attacks or worries livestock”.

In section 3 of the Dogs (Protection of Livestock) Act 1953 (interpretation),

in subsection (1) , in the definition of “livestock”, after “horses,” insert

“camelids”.

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Amendments

Amendment 1

Tabled: 19 May 2025
Notices of Amendments as at 19 May 2025

This amendment was DISAGREED

Schedule, page 5, line 8, at end insert—
(3A)In subsection (2), omit “(that is to say not on a lead or otherwise under close control)”.
(3B)After subsection (2) insert—
(2ZA)For the purposes of subsection (2), a dog is “at large” unless—
(a)it is on a lead of a length of 1.8 metres or less, or
(b)it is within sight of a person and the person—
(i)remains aware of the dog’s actions, and
(ii)has reason to be confident that the dog will return to the person reliably and promptly on the person’s command.””

Type: Backbencher

Signatures: 1

Ann Davies (PC - Caerfyrddin) - 19 May 2025

Member's explanatory statement

This amendment would change the definition of the term “at large” for the purposes of the offence under section 1 of the Dogs (Protection of Livestock) Act 1953.