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Animals Act 1971
CHAPTER 22
Section
ARRANGEMENT OF SECTIONS
Strict liabilityfordamage done by animals
- New provisions as to strict liability for damage done (^) by animals.
- Liabilityfor damage done by dangerousanimals.
- Liabilityfor injury done by dogs to livestock.
4. Liability for damage and expenses due to trespassing
livestock.
- Exceptions^ from liability under sections 2 to4.
6. Interpretationofcertain expressions used in sections2to5.
Detention andsale oftrespassing livestock
7. Detention and sale oftrespassing livestock.
Animals straying on to highway
- Dutyto take care toprevent damage fromanimals straying on to the highway.
Protection oflivestock against dogs
9 Killing ofor injury to dogs worrying livestock.
Supplemental
10. Applicationofcertain enactmentstoliabilityunder sections
2 to 4.
- General interpretation.
- Applicationto Crown.
- Short (^) title, repeal, commencement and extent.
AnimalsAct^1971 c. 22
ELIZABETH II
1971 CHAPTER 22
An Act to make provision with respect to^ civil^ liability
for damage done by animals and with respect^ to^ the
protection oflivestock from dogs; and^ for^ purposes
connected withthose matters. [12th^ May^ 1971]
EBIT ENACTED bythe Queen'smost ExcellentMajesty,^ by^ and
13
with the advice and consent of the Lords^ Spiritual^ and
Temporal, and Commons, in this present^ Parliament
assembled, and by the authority ofthe same, asfollows:-
Strict liability for damage done^ by^ animals 1.-(1) Theprovisions of sections^2 to^5 of^ this^ Act^ replace-New
(a) the rules of the common law^ imposing^ a^ strict^ liability^ tpootr
cons as
in tort for damage done by an^ animal^ on^ the^ ground^ liabilityfor
thatthe animal is regarded as ferae^ naturae^ or^ that^ its^ damage^ done
vicious or mischievous propensities are^ known^ or^ pre-^ byanimals.
sumed to be known;
(b) subsections (1) and (2) of section 1 of^ the^ Dogs^ Act^1906 c.^ 32.
1906 as amended by the Dogs (Amendment) Act^1928 1928 c.^ 21. (injury to cattle or poultry) ; and (c) the rules of the^ common^ law^ imposing^ a^ liability^ for
cattle trespass.
(2) Expressions used^ in^ those^ sections^ shall^ be^ interpreted^ in accordance with^ the^ provisions^ of^ section^6 (as^ well^ as^ those^ of section 11) of this^ Act.
2.-(1) Where any damage is caused by an animal^ which^ Liability^ for
belongs to a dangerous species, any^ person^ who^ is^ a^ keeper^ of^ damage
theanimal is liable for thedamage, except asotherwise^ provided^
done
rous
by this Act.^ animals.
1
Animals Act (^1971) c. 22 3
(b) (if the animal was kept there (^) for the protection of
persons or property) that keeping it there for that pur-
pose was not unreasonable.
(4) A person is not liable under section 3 of this Act if the
livestock waskilled orinjuredon landon to which ithadstrayed
and either the dog belonged to the occupier or its presence on
theland (^) was authorised (^) bythe occupier.
(5) A person is not liable under section 4 of this Act where
the livestock strayed from a highway and its presence there was a lawful use of the highway.
(6) In determining whether any liability for damage under
section 4 of^ this^ Act^ is excluded by subsection (1) of this
section the damage shall^ not be treated as due to the fault of
the person suffering it by reason only that he could have
prevented it by fencing ; but a person is not liable under that
section where it is proved that the straying of the livestock on
to the land would not have occurred but for a breach by any
other person, being a person having an (^) interest in the land, of
a duty to fence.
6.-(1) The following provisions apply (^) to the interpretation (^) Interpretation of sections 2 to 5 of this Act. ofcertain
(2) A dangerous species is a species-
expressions
(a) which is not commonly domesticated in the British sections^2
Islands ; and to^ 5.
(b) whose fully grown animals normally have such charac-
teristics that they are^ likely, unless restrained, to cause
severe damage or that any damage they may cause is
likelyto be severe. (3) Subject to subsection (4) of this section, a person is (^) a keeper of an animal if-
(a) he owns the animal or has it in his possession ; or
(b) (^) he is the head of a household ofwhich a member under the age^ of^ sixteen^ owns^ the^ animal^ or^ has^ it^ in^ his possession ;
and if at any time an animal^ ceases^ to^ be^ owned^ by^ or^ to^ be
in the possession of a person, any^ person^ who^ immediately
before that time^ was^ a^ keeper^ thereof^ by^ virtue^ of^ the^ preceding
provisions of this^ subsection^ continues^ to^ be^ a^ keeper^ of^ the
animal until another person^ becomes^ a^ keeper^ thereof^ by^ virtue
ofthose provisions.
(4) Where an^ animal^ is^ taken^ into^ and^ kept^ in^ possession^ for
the purpose ofpreventing itfrom^ causing^ damage^ orof^ restoring
it to its owner, a person is^ not^ a^ keeper^ of^ it^ by^ virtue only of
that possession.
4
Detention and sale of trespassing livestock.
c. 22 Anim^ is^ Ac^1971
(5) Where a^ person^ employed as^ a^ servant^ by^ a^ keeper^ of^ an animal incurs^ a risk^ incidental^ to^ his^ employment^ he^ shall^ not
be treated as^ accepting^ itvoluntarily.
Detention and^ sale^ of^ trespassing^ livestock 7.-(1) The right to^ seize^ and^ detain^ any^ animal^ by^ way of distress damagefeasant ishereby^ abolished. 0 Where^ any^ livestockstrays^ on^ to^ any^ landand^ is^ not^ then
under the controlof^ any^ person^ the^ occupier^ of^ the^ land^ may
detain it, subject^ to^ subsection^ (3)^ of^ this^ section,^ unless^ ordered
toreturn it by a^ court.
(3) Where any livestock^ is^ detained^ in^ pursuance^ of^ this
section the right to detain it^ ceases-
(a) at theend of a^ period^ of^ forty-eighthours,^ unless^ within
that period notice of^ the^ detention^ has^ been^ given^ to
the officer in^ charge^ of^ a^ police^ station^ and^ also,^ if^ the
person detaining the^ livestock knows^ to^ whom^ it
belongs, to that person; or
(b) when such amount^ is^ tendered^ to^ the^ person^ detaining
the livestock as is sufficient to satisfy any^ claim^ he
may have under section 4 of thisAct in respect of the
livestock;^ or
(c) if^ he^ has^ no^ such^ claim,^ when^ the^ livestock^ is^ claimed
by a person entitled^ to^ its^ possession.
(4) Where livestock^ has^ been^ detained^ in^ pursuance^ of^ this
section for a period of not^ less^ than^ fourteen^ days^ the^ person
detaining it may sell it at a marketor^ by^ public^ auction,^ unless
proceedings are then pendingfor the return of the^ livestock^ or
for any claim^ under section 4 of this Actin^ respectof it.
(5) Where any livestock is sold in the exercise of the right
conferred by this section and the proceeds of the sale, less the
costs thereof and any^ costs^ incurred^ in^ connection^ with^ it,
exceed the amount of any claim^ under^ section^4 of^ this^ Act
which (^) the vendor had in respect of the livestock, the excess shall be recoverable from^ him^ by^ the^ person^ who^ would^ be
entitled to the possession of^ the^ livestock^ but^ for^ the^ sale.
(6) A person detaining^ any^ livestock^ in^ pursuance^ of^ this
sectionis^ liable^ for^ anydamage^ causedto^ itby^ a^ failure^ to^ treat
it with^ reasonable care^ and^ supply^ it^ with^ adequate^ food^ and
water while it is so detained.
(7) References^ in^ this^ section^ to^ a^ claim^ under^ section^4 of
this Act in respect of any^ livestock^ do^ not^ include^ any claim
under that section^ for damage done^ by^ or^ expenses^ incurred in
respect of the livestock^ before^ the^ straying^ in^ connection^ with
which it is detained under^ this^ section.
6
Application ofcertain enactments toliability under sections 2 to 4. 1945 c. 28. General interpretation. (^1965) c. 64.
c. 22 Animals Act 1971
deemed to have been satisfied if the defendant believed^ that^ it
was satisfied and had reasonable ground for that^ belief.
(5) For the purposes of this section-
(a) an animal belongs to any person if^ he^ owns^ itor^ has^ it
in his possession ; and
(b) land belongs to any person if he is^ the occupier^ thereof.
Supplemental
10. For the purposes of the Fatal Accidents^ Acts^1846 to
1959, the Law Reform (Contributory Negligence) Act^1945
and the Limitation Acts 1939 to 1963 any damage^ for^ which^ a
person is liable under sections 2 to 4 of this Act^ shall^ be
treated as due to his fault.
- (^) In this Act-
common land", and "town or village^ green"^ have^ the
same meanings as in the Commons Registration Act (^1965) ;
"damage "^ includes^ the^ death^ of,^ or^ injury^ to,^ any^ person
(including any disease and anyimpairment of physical
or mentalcondition)^ ;
"fault" has thesame meaning^ as^ inthe^ Law^ Reform^ (Con-
tributoryNegligence) Act^1945 ;
" fencing" includes the construction of any obstacle designed toprevent animalsfrom straying; " livestock " means cattle, horses, asses, mules, hinnies,
sheep,pigs, goats andpoultry, and alsodeer not in the
wild state and, in sections 3 and 9, also, while in
captivity, pheasants, partridges and grouse ;
" poultry " means the domestic varieties of the following,
that is to say, fowls, turkeys, geese, ducks,^ guinea-
fowls, pigeons, peacocksand quails ; and
"species" includes sub-species and variety.
Application 12.-(1)This Act binds the Crown, butnothing in this section
to Crown. (^) shall authorise (^) proceedings to be brought against Her Majesty
in herprivate capacity.
1947 c. 44. (2) Section^ 38(3) of the Crown Proceedings Act^1947 (inter-
pretation of references to Her Majesty in her private capacity)
shall apply asif thissection were containedin thatAct.
Short title,^ 13-0) ThisActmay becited asthe AnimalsAct 1971. repeal, commencement (2)^ The^ following^ are^ hereby^ repealed,^ that^ is^ to^ say-
and extent. (a) in the Dogs Act 1906, subsections (1) to (3) of section
1906 c.^ 32.^ 1;and
Animals Act 1971 c.^22
(b) in section 1(1) of the Dogs (Amendment) Act^1928 the^1928 c.^ 21.
words " in both places where that word occurs".
(3) This Act shall come into^ operation on^ 1st^ October^ 1971.
(4) This Act does not extend to Scotland or to Northern
Ireland.
PRINTED INENGLAND BY C. IT. BAYLIS, C.B. "
Controller (^) ofHerMajesty's Stat nnery.Oftice and Queen'sPrinter ofActs ofParliament
