Dogs Act 1990

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DOGS ACT 1990

Dogs Act 1990 Index


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DOGS ACT 1990

Index Section Page

PART I – DOG LICENCES 5

1 Duties and licences ......................................................................................................... 5
2 Exemptions ...................................................................................................................... 6
3 Penalty for failure to license .......................................................................................... 6
4 Dog collars ....................................................................................................................... 6
5 Production of licences .................................................................................................... 7
PART II – GUARD DOGS 7

Guard dog kennels 7

6 Control of guard dog kennels ....................................................................................... 7
7 Registration of guard dog kennels ............................................................................... 7
8 Appeals in respect of guard dog kennels .................................................................... 8
9 Inspection of guard dog kennels .................................................................................. 9
Guard dogs 9

10 Notice of guard dogs ...................................................................................................... 9
11 Control of guard dogs .................................................................................................. 10
PART III – STRAY DOGS 10

12 Seizure of stray dogs .................................................................................................... 10
13 Notice to be given to police ......................................................................................... 10
14 Disposal of strays .......................................................................................................... 11
15 Release of dog ................................................................................................................ 11
16 Rescue ............................................................................................................................. 12
PART IV – MISCELLANEOUS 12

17 Dogs worrying livestock .............................................................................................. 12
18 Defence to action for killing or injuring dog ............................................................. 13
19 Dogs causing danger, nuisance etc ............................................................................ 13
20 Setting on or urging dog to attack .............................................................................. 14
21 Civil liability .................................................................................................................. 15
Index Dogs Act 1990


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Disposal of carcases 16

22 Disposal of carcasses .................................................................................................... 16
23 Control of dogs on roads ............................................................................................. 16
24 Byelaws .......................................................................................................................... 16
25 Duty to give name and address ................................................................................. 18
26 Obstruction .................................................................................................................... 18
PART V – SUPPLEMENTAL 18

27 Financial provision ....................................................................................................... 18
27A Fixed penalties .............................................................................................................. 18
27B [Repealed] ...................................................................................................................... 19
28 Orders, regulations and byelaws ............................................................................... 19
29 Meaning of “keeper” .................................................................................................... 20
30 Interpretation ................................................................................................................ 21
31 Amendments, repeals and revocations ..................................................................... 22
32 Short title and commencement ................................................................................... 22
SCHEDULE 1 23

COLLECTION OF DUTY AND ISSUE OF DOG LICENCES 23
SCHEDULE 2 25

SCHEDULE 3 25

AMENDMENT OF ENACTMENTS 25
SCHEDULE 4 26

ENACTMENTS REPEALED OR REVOKED 26
ENDNOTES 27

TABLE OF LEGISLATION HISTORY 27
TABLE OF RENUMBERED PROVISIONS 27
TABLE OF ENDNOTE REFERENCES 27

Dogs Act 1990 Section 1


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c i e
DOGS ACT 1990

Received Royal Assent: 10 July 1990
Passed: 10 July 1990
Commenced: 1 April 1992
AN ACT
to make fresh provision for duties in respect of dogs and the issue of
dog licences; to make fresh provision for guard dogs and guard dog kennels; to
make better provision for the seizure of stray dogs; to repeal and replace certain
enactments concerning dogs; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
PART I – DOG LICENCES

1 Duties and licences

[P1959/55/1]
(1) Subject to the provisions of this Part, there shall be charged in respect of
every dog kept in the Island a duty, which shall be paid annually on a
licence (in this Act called a “dog licence”) to be taken out by the keeper
of the dog.
(2) The duty in respect of a dog shall be chargeable at the rate for the time
being specified by order of the Department.1

(3) An order under subsection (2) shall provide that —
(a) the duty in respect of a dog which has been neutered; and
(b) the duty in respect of a dog which is kept by a person aged 60
years or over,
shall be at a lower rate or rates than the rate ordinarily chargeable under
the order.
(3A) An order under subsection (2) may provide an exemption from duty, or
prescribe a lower rate of duty, in respect of a dog into which an
electronic transponder has been implanted.2

Section 2 Dogs Act 1990


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(4) Schedule 1 shall have effect with respect to the payment and collection of
duty under this section, the issue of dog licences and the issue of tokens
signifying that dog licences have been issued.
2 Exemptions

No duty is chargeable under section 1 in such circumstances (which may relate
either to the dog or its keeper) as the Department may specify by order.3

3 Penalty for failure to license

[V p173/27]
(1) If a person keeps a dog for which a dog licence is not in force, not being
an exempt dog, he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £1,000.
(2) In proceedings for an offence under this section it shall be for the
defendant to prove that a dog is an exempt dog.
4 Dog collars

[1976/7/Sch 2]
(1) The keeper of every dog shall cause it, except when in a dwelling-house
or the curtilage thereof, to wear a collar bearing the name and address of
the owner and (except in the case of an exempt dog) having attached
thereto a current token.
(2) Any person who without reasonable excuse fails to comply with the
requirements of subsection (1) shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
(3) Any dog found outside the curtilage of a dwelling-house without a
collar, bearing the name and address of the owner and (except in the case
of an exempt dog) having attached thereto a current token, may be
seized, and Part III shall apply as if it were a stray dog.
(4) This section does not apply to —
(a) a pack of hounds; or
(b) a dog while it is being used for —
(i) sporting purposes; or
(ii) catching or destroying vermin; or
(iii) driving or tending cattle or sheep; or
(c) a dog which is taking part in a show, test, trial or other
competition.
(5) Regulations may provide that this section shall not apply, or shall apply
subject to prescribed modifications, to a dog which is implanted with an
electronic transponder as an alternative to a dog collar, by means of
Dogs Act 1990 Section 5


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which, with the use of an appropriate device, the dog may be identified
by reference to a prescribed register.4

(6) The Department may by regulations provide for alternative means of
identification of dogs after consultation with such persons as it considers
appropriate.5

5 Production of licences

[V p173/28; P1959/55/13]
(1) If the keeper of a dog on request by a constable, dog warden or
authorised officer fails to produce a current dog licence for the dog for
inspection by the constable, dog warden or authorised officer, he shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding £500.6

(2) In proceedings for an offence under subsection (1) it shall be a defence
for the accused to prove that, within 7 days after the request for
production of a current dog licence was made, it was produced at such
police station as he may have specified at the time the request was made.
PART II – GUARD DOGS

Guard dog kennels
6 Control of guard dog kennels

[SI 83/764/9]
(1) A person shall not keep guard dog kennels unless he is registered under
section 7 in respect of the kennels.
(2) A person shall not use or permit the use at any place of a guard dog if he
knows or has reasonable cause to suspect that the dog (when not being
used as a guard dog) is normally kept at guard dog kennels in respect of
which a person is not registered under section 7.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and liable on summary conviction to a fine not exceeding £2,500.
7 Registration of guard dog kennels

[SI 83/764/10]
(1) The Department shall keep a register of guard dog kennels, which shall
be in such form and contain such particulars as the Department may
determine.
(2) An application for registration shall be —
(a) made in writing to the Department in a form provided by the
Department;
Section 8 Dogs Act 1990


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(b) signed by the applicant or his agent; and
(c) accompanied by the prescribed fee.
(3) Subject to subsections (5) and (6), the Department shall register an
applicant in respect of the guard dog kennels named in an application
and issue to him a certificate of registration.
(4) Registration shall be for such period as may be specified in the certificate
of registration.
(5) A person who is disqualified for having custody of a dog by virtue of an
order under section 1 of the Cruelty to Animals Act 1955 shall not be
registered in respect of guard dog kennels.
(6) Where —
(a) a person is convicted of any offence under this Act or an offence
of cruelty to any animal under the Cruelty to Animals Act 1925; or
(b) the kennels named in an application for registration or in respect
of which a person is registered do not comply with regulations
under subsection (7)(a);
the Department may refuse the application for registration or as the case
may be, cancel the registration of that person in respect of the guard dog
kennels.
(7) Regulations may make provision as to —
(a) the construction and operation of guard dog kennels; and
(b) the information to be supplied on any application for registration
under this section.
(8) A certificate of registration issued in respect of guard dog kennels shall
be kept affixed in a conspicuous place in the kennels, and if default is
made in complying with this subsection, the person keeping the kennels
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £500.
(9) The register kept under subsection (1) may at all reasonable hours be
inspected and copies of the entries in the register taken —
(a) without payment, by any constable, or by any person authorised
by the Department;7

(b) on payment of such sum as may be prescribed, by any other
person.
8 Appeals in respect of guard dog kennels

[SI 83/764/11]
(1) Not less than 14 days before refusing an application for registration, or
cancelling any registration, in respect of guard dog kennels under
section 7(6), the Department shall serve notice of its intention to refuse
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the application on the applicant or, as the case may be, notice of its
intention to cancel the registration on the person registered.
(2) Every such notice shall state the grounds on which the Department
intends to refuse the application or cancel the registration and shall
contain an intimation that if, within 14 days after the service of the
notice, the applicant or, as the case may be, the person registered informs
the Department in writing of his desire to show cause, in person or by a
representative, why the application should not be refused or the
registration not cancelled, the Department shall, before refusing the
application or cancelling the registration, afford him an opportunity to
do so.
(3) If the Department, after giving the applicant or, as the case may be, the
person registered an opportunity of being heard by it, decides to refuse
the application for registration, or to cancel the registration, it shall serve
notice of the decision on the applicant or, as the case may be, the person
registered, and such notice shall inform him of his right to appeal under
subsection (4) and of the time within which the appeal may be brought.
(4) A person aggrieved by a decision refusing or cancelling any registration
may, within 21 days of service on him of the notice under subsection (3),
appeal to the High Bailiff, and the cancellation under section 7(6) shall
not take effect until the expiration of that period or, where such an
appeal is brought, before the determination of the appeal.
(5) The decision of the High Bailiff on an appeal brought under
subsection (4) shall be final, and the Department shall give effect to that
decision.
9 Inspection of guard dog kennels

Sections 2 and 3(2) (inspection of premises) of the Breeding of Dogs and Cats Act
1981 apply, with any necessary modifications, to guard dog kennels as they
apply to breeding establishments within the meaning of that Act.
Guard dogs
10 Notice of guard dogs

[SI 83/764/26]
(1) A person shall not use or permit the use of a guard dog at any place
unless a notice containing a warning that a guard dog is present is clearly
exhibited at each entrance to that place.
(2) A person who contravenes subsection (1) shall be guilty of an offence
and liable on summary conviction to a fine not exceeding £2,500.
Section 11 Dogs Act 1990


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11 Control of guard dogs

[SI 83/764/27]
(1) Regulations shall —
(a) prohibit the use of a guard dog at any place unless a person who
is capable of controlling the dog is present at that place;
(b) make provision as to the control to be exercised over a guard dog
while it is being used as a guard dog.
(2) Regulations under this section may provide that any person
contravening the same shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
PART III – STRAY DOGS

12 Seizure of stray dogs

(1) If a constable or a dog warden has reasonable cause to believe that a dog
found in a highway or place to which the public have access is a stray
dog, he may seize it, and may detain it or cause it to be detained by some
other person until it is disposed of or delivered in accordance with
section 14 or 15.
(2) A constable or dog warden, in attempting to seize a dog under
subsection (1), may enter on any land for that purpose, but may not,
without the consent of the occupier, enter any building which is
occupied.
13 Notice to be given to police

(1) A constable or dog warden who seizes a dog under section 12, and any
other person who seizes a stray dog, shall, unless the dog has been
restored to its owner, within 24 hours give particulars of —
(a) the description of the dog;
(b) the name and address of its owner (if known);
(c) any token attached to its collar;
(d) when and where it was found; and
(e) its whereabouts;
to a police station in the locality.
(2) The constable in charge of the station shall cause such particulars to be
entered in a register kept for the purpose, and the register shall be open
to inspection by any person free of charge.
(3) The said constable shall, if the name and address of the person who is the
owner of the dog, or to whom a dog licence in respect of the dog has
Dogs Act 1990 Section 14


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been issued, is known or can reasonably be ascertained, serve on such
person a notice in writing stating —
(a) that the dog has been seized;
(b) its whereabouts; and
(c) that it may be disposed of or destroyed if it is not claimed within 7
days of the service of the notice.8

(4) Any person who seizes a dog and fails without reasonable excuse to
comply with the requirements of subsection (1) shall be guilty of an
offence and liable on summary conviction to a fine not exceeding £200.
14 Disposal of strays

(1) The Chief Constable or the Department may, if a dog detained under
section 12 —
(a) is sick, injured or dangerous; or
(b) has not been claimed within 7 days of the day it was seized or,
where a notice is served under section 13(3), within 7 days of the
service of the notice,9

cause it to be destroyed.
(2) Before causing a dog falling within subsection (1)(a) to be destroyed, the
Chief Constable or the Department shall if practicable consult a
veterinary surgeon.
(3) The Chief Constable or the Department may, if a dog detained under
section 12 has not been claimed within the period mentioned in
subsection (1)(b), cause it to be sold or given away, but no such dog shall
be sold or given away for the purpose of animal experimentation.
(4) On the sale or gift of a dog under subsection (3), the property in it shall
be transferred to the buyer or donee.
(5) The Chief Constable or the Department may recover from the person
who was the keeper of the dog at the time it strayed or was seized the
expenses incurred in feeding and caring for it.
15 Release of dog

The person by whom a dog is detained under section 12 —
(a) on being satisfied —
(i) that a person claiming a dog kept there is entitled to
possession of the dog, or is authorised to claim it by the
person so entitled; and
(ii) except in the case of an exempt dog, that a current dog
licence is in force in respect of the dog; and
Section 16 Dogs Act 1990


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(b) on payment of the expenses incurred in feeding and caring for the
dog;
shall deliver the dog to the person claiming it.
16 Rescue

Any person who, without the consent of the person by whom a dog is detained
under section 12, removes the dog from the custody of such person shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding £500.
PART IV – MISCELLANEOUS

17 Dogs worrying livestock

(1) Where any dog —
(a) is found straying, or not under control, on agricultural land; and
(b) is or has been worrying livestock on that land,
its keeper and, if it is in the charge of a person other than its keeper, that
person also, shall be guilty of an offence, and liable on summary
conviction to a fine not exceeding £2,500.
(2) The keeper of a dog shall not be convicted of an offence under
subsection (1) if he proves that at the relevant time the dog was in the
charge of some other person whom he reasonably believed to be a fit and
proper person to be in charge of it.
(3) Proceedings for an offence under subsection (1) may not be brought
except by —
(a) a constable or the Department; or
(b) the owner or occupier of the land in question; or
(c) the owner of any of the livestock in question.
(4) Where —
(a) a constable or a dog warden has reasonable cause to believe that a
dog found on any land is one to which subsection (1) applies; and
(b) no person present admits to being the keeper of the dog or in
charge of it;
the constable or dog warden may seize the dog, and Part III shall apply
as if the dog were a stray dog.
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18 Defence to action for killing or injuring dog

[1981/15/8]
(1) It is a defence to an action for damages for killing or injuring a dog for
the defendant to prove —
(a) that he acted for the protection of livestock which was —
(i) owned by him or in his possession, or on land occupied by
him, or
(ii) owned by or in the possession of, or on land occupied by, a
person by whom he was employed or expressly or
impliedly authorised to act; and
(b) that the circumstances were not such that liability for killing or
injuring the livestock would have been excluded by
section 21(2)(c); and
(c) that within 48 hours he reported the killing or injury to a police
station in the locality.
(2) A person shall be deemed to have acted for the protection of livestock if,
and only if, —
(a) the dog was worrying or about to worry livestock, and there was
no other reasonable way of stopping or preventing the worrying;
or
(b) the dog had been worrying livestock, had not left the vicinity and
was not under anyone’s control, and there was no practicable way
of ascertaining to whom it belonged; or
(c) he reasonably believed that either of the above conditions was
satisfied.
19 Dogs causing danger, nuisance etc

(1) Any person may make a complaint to a court of summary jurisdiction
that a dog —
(a) is not kept under proper control; or
(b) causes a nuisance or annoyance to the inhabitants of the
neighbourhood in which it is kept; or
(c) is dangerous; or
(d) has caused injury, or has given just cause for alarm or annoyance,
to any person in a highway or other place to which the public has
access; or
(e) has worried livestock.
(2) On a complaint under subsection (1) the court may make an order
directing that the dog —
(a) in any case, be kept under proper control;
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(b) in a case falling within subsection (1)(b), be removed from the
neighbourhood within a time specified in the order; or
(c) in a case falling within subsection (1)(c), (d) or (e), be destroyed
within a time so specified.
(3) Where the court makes an order under subsection (2)(c), it may also —
(a) appoint a person to undertake the destruction of the dog and
order its keeper, or any other person in whose possession it is, to
deliver it up for that purpose; and
(b) if it thinks fit, make an order disqualifying any person named in
the order, being a person who is or has been the keeper of the dog,
for having custody of a dog for such period as is specified in the
order.
(4) If the keeper of a dog in respect of which an order is made under
subsection (2) or (3)(a) or section 21(4) fails without reasonable excuse to
comply with the order, he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000, and the court may in
addition make an order disqualifying him for having custody of a dog
for such period as is specified in the order.
(5) Any person who fails without reasonable excuse to comply with an order
under subsection (3)(a) shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
(6) Sections 1(2) and (3) and 2 of the Cruelty to Animals Act 1955 apply to an
order under subsection (3)(b) or (4) as they apply to an order under
section 1(1) of that Act.
(7) The keeper of a dangerous dog which is at large without being muzzled
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £1,000.
(8) A constable or a dog warden having reasonable cause to believe —
(a) that an order under subsection (2) or (3)(a) or section 21(4)
relating to a dog has not been complied with; or10

(b) that a dog at large without being muzzled is dangerous;
may seize the dog, and the Chief Constable or the Department may cause
it to be destroyed.
(9) The powers conferred on a court of summary jurisdiction by
subsection (2) or (3)(a) may be exercised by a single justice of the peace.
20 Setting on or urging dog to attack

[SI83/764/28]
(1) Any person who —
(a) sets any dog on any person or livestock, or
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(b) urges any dog to attack any person or to worry livestock,
in any road or other public place or in any place to which the public have
or are permitted to have access shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £2,500.
(2) Subsection (1) does not apply to a dog while it is being used for the
purpose of the lawful arrest or apprehension of any person.
21 Civil liability

(1) Subject to subsection (2) the keeper of a dog shall be liable for any
damage caused by the dog.
(2) The keeper of a dog shall not be liable —
(a) in any case, for damage due wholly to the fault of the plaintiff;
(b) in the case of damage other than the killing or injuring of
livestock —
(i) if the plaintiff voluntarily accepted the risk of the damage
(except where he was employed by the keeper and the risk
was incidental to his employment); or
(ii) for damage caused to a trespasser on premises, if it is
proved that the dog was not kept there for the protection
of persons or property or, if it was, that keeping it there for
that purpose was not unreasonable; or
(c) in the case of the killing or injuring of livestock, if the livestock
was killed or injured on land on to which it had strayed, and
either the dog belonged to the occupier of that land or its presence
there was authorised by the occupier.
(3) In proceedings under subsection (1), the plaintiff shall not be required to
prove —
(a) a previous mischievous propensity in the dog; or
(b) the keeper’s knowledge of such propensity; or
(c) that the injury was due to the keeper’s fault.
(4) In proceedings under subsection (1), the court may order that the dog be
destroyed.
(5) In proceedings under subsection (1) relating to the killing or injuring of
livestock, the plaintiff may require that a trespass jury inquire into and
assess the alleged damage.
(6) For the purposes of the Law Reform (Contributory Negligence) Act 1946, the
Fatal Accidents Act 1981 and the Limitation Act 1984, any damage for
which a person is liable under this section shall be treated as due to his
fault or breach of duty.
Section 22 Dogs Act 1990


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Disposal of carcases
22 Disposal of carcasses

Any person who without reasonable excuse permits the carcase of any livestock
belonging to him or under his care to remain in a field or other place to which
dogs can gain access shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £1,000.11

23 Control of dogs on roads

(1) If a dog —
(a) is on a highway which consists of or comprises a carriageway,
and
(b) is not under effective control,
the keeper of the dog shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £1,000.
(2) A person shall not be convicted of an offence under subsection (1) if the
keeper satisfies the court that he took all reasonable steps to keep the dog
under effective control.12

24 Byelaws

(1) A local authority may make byelaws having effect within its district
providing that, where any dog, during a specified period of time or
throughout the year —
(a) is found to be at large in a specified open space or on a specified
beach; or
(b) is permitted to have access to a specified open space or specified
beach,
the keeper of the dog shall, subject to subsection (2), be guilty of an
offence and liable on summary conviction to a fine not exceeding £1,000.
(2) A person shall not be convicted of an offence under byelaws under
subsection (1) if he satisfies the court that he took all reasonable steps to
prevent the dog from being at large in the open space or on the beach, or
entering or remaining in the open space, or going or remaining on the
beach, as the case may be.
(3) A dog at large in an open space or on a beach in contravention of
byelaws under subsection (1) may be seized —
(a) by a constable or a dog warden, or
(b) by a person authorised in writing for the purpose by the local
authority by whom the byelaws were made;
and Part III shall apply as if it were a stray dog.
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(4) A local authority may make byelaws having effect within its district
providing that, where the keeper of a dog fails to remove any faeces
deposited by the dog on —
(a) any highway which consists of or comprises a carriageway,
(b) a specified open space,
(c) a specified beach, or
(d) a specified car park;13

he shall be guilty of an offence and liable on summary conviction to a
fine not exceeding £1,000.
(5) Byelaws shall not be made under this section as respects an open space
or car park which is not vested in or under the management or control of
the local authority, except with the consent of the owner of the open
space or car park; but in any proceedings for an offence under the
byelaws, it shall be presumed that such consent was given unless the
contrary is shown.14

(6) Notice of the effect of any byelaw under subsection (1) or
subsection (4)(b),(c) or (d) shall be given by signs placed in conspicuous
positions in, at or near the specified open space, beach or car park.15

(7) In this section —
“car park” means a place where vehicles of any class may wait16
;
“open space” includes —
(a) any land laid out for sport, play or recreation (whether public or
not);
(b) any land laid out as public walks or as pleasure grounds;
(c) any land used as a cemetery (whether public or private) or as a
churchyard;
and any part of such land, but does not include land to which the public
have access and which is vested in, or managed or controlled by, the
Department;17

“specified”, in relation to any matter, means specified in the byelaws in
question.
(8) Section 30(8) of the Local Government Act 1985 applies to byelaws under
this section with the modification that the reference to an officer of the
local authority shall be construed as including a reference to a dog
warden.
(9) This section is without prejudice to any other power of a local authority
to make byelaws as respects any land.
Section 25 Dogs Act 1990


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(10) Byelaws made under this section shall not have effect unless approved
by the Department of Infrastructure and shall expire 10 years after the
date they are made.18

(10A) Before approving byelaws under this section, the Department of
Infrastructure must consult the Department.19

(11) Where the Department has withheld its approval under subsection (10),
the applicants for the byelaws may present a petition to Tynwald
praying that such byelaws be approved; and Tynwald, if it considers that
such byelaws should be approved, may by resolution direct that the
Department of Infrastructure approve such byelaws.20

25 Duty to give name and address

If any person is found offending against section 4(2), 16, 17(1), 19(4) or (7), 20(1)
or 23(1), or byelaws under section 24, a constable, dog warden or authorised
officer may require him to give his name and address, and if after being so
required such a person refuses or fails to give his name and address, a constable
may arrest him.21

26 Obstruction

Any person who obstructs a constable, dog warden or authorised officer in the
performance of any of his functions under this Act shall be guilty of an offence
and liable on summary conviction to a fine not exceeding £1,000.22

PART V – SUPPLEMENTAL

27 Financial provision

(1) Any expenses incurred by the Department in the exercise of its functions
under this Act shall be defrayed out of monies provided by Tynwald.23

(2) All sums received by the Department under this Act shall be paid into
the general revenue of the Island or, with the agreement of the
Department and the Treasury, any duly appointed agent of the
Department.24

27A Fixed penalties

(1) Where a constable, dog warden or authorised officer has reasonable
cause to believe that a person has committed or is committing an offence
under section 4(2), 5(1) or 23, or under byelaws under section 24, he may
give that person a notice in writing in the prescribed form offering the
opportunity of discharging any liability to be convicted of that offence by
payment of a fixed penalty under this section.
Dogs Act 1990 Section 28


c AT 16 of 1990 Page 19

(2) A person to whom a notice is given under this section in respect of an
offence shall not be liable to be convicted of that offence if the fixed
penalty is paid in accordance with this section before the expiration of 14
days following the date of the notice or such longer period (if any) as
may be specified in the notice.
(3) Where a person is given a notice under this section in respect of an
offence, criminal proceedings shall not be taken against any person for
the act constituting that offence before the expiration of 14 days
following the date of notice, or such longer period (if any) as may be
specified in the notice.
(4) The amount of a fixed penalty under this section shall be £50.
(5) The Department may by order substitute a different amount for the
amount for the time being specified in subsection (4).
(6) Payment of a fixed penalty under this section shall be made to —
(a) the Chief Registrar in the case of notices issued by a constable,
dog warden or authorised officer of the Department, or25

(b) the local authority authorised to enforce any byelaws under
section 24, within the district of the authority for the benefit of
that authority (“the relevant authority”) in the case of notices
issued by its authorised officers
and may be recovered as a civil debt.
(7) In any proceedings a certificate purporting to be signed by or on behalf
of the Chief Registrar in the case of payment under subsection (6)(a) and
by an authorised officer on behalf of the relevant authority in the case of
payment under subsection (6)(b) that payment of a fixed penalty under
this section was or was not made in accordance with subsection (6) by a
date specified in the certificate shall be evidence of the fact stated.
(8) In this section “prescribed” means prescribed by regulations made by the
Department.26

27B [Repealed]
27

28 Orders, regulations and byelaws

(1) The Department may by regulations prescribe any thing which by this
Act may be prescribed and such regulations shall be laid before
Tynwald.28

(2) [Repealed]29

(3) Orders under this Act (except an order under section 32(2)) shall not
have effect unless they are approved by Tynwald.30

Section 29 Dogs Act 1990


Page 20 AT 16 of 1990 c

(4) Byelaws approved by the Department of Infrastructure31
and made
under this Act shall be laid before Tynwald.32

29 Meaning of “keeper”

(1) Subject to the following provisions of this section, for the purposes of this
Act a person is the keeper of a dog if he owns the dog or has it in his
possession, or he is the head of a household of which a member under
the age of 16 owns the dog or has it in his possession.
(2) If at any time a dog ceases to be owned by or in the possession of a
person, any person who immediately before that time was a keeper of it
by virtue of subsection (1) continues to be a keeper of it until another
person becomes keeper of it by virtue of subsection (1).
(3) If a person takes a dog into and keeps it in his possession for the purpose
only of preventing it from causing damage, restoring it to its owner or
delivering it to a constable or dog warden, he shall not be taken to be a
keeper of the dog by virtue only of that possession.
(4) Unless the contrary is shown, a person shall be presumed for the purpose
of any proceedings to have been a keeper of a dog if at the material
time —
(a) the dog was in his custody, charge or possession, or
(b) the dog was kept, or allowed to live or remain, in any premises
occupied by him.
(5) Subject to subsection (6), a person shall be presumed for the purpose of
any proceedings to have been a keeper of a dog if at the material time his
name was entered in the register kept under paragraph 3(2) of Schedule
1 as the keeper of the dog.
(6) In any proceedings it shall be a defence to a charge or claim arising by
virtue only of subsection (5) for the person concerned to show that at the
material time some other person was a keeper of the dog; but a person
shall not be entitled to raise that defence unless —
(a) in the case of criminal proceedings, before the beginning of the
period of 7 days ending with the date when the hearing of the
charge is begun; or
(b) in the case of civil proceedings, within such time as is prescribed
by rules of court,
he serves on the prosecutor or other party a notice identifying that other
person and the grounds on which he claims that the other person was a
keeper of the dog.
(7) In this section “proceedings” means any proceedings (whether criminal
or civil) relating to a dog.
Dogs Act 1990 Section 30


c AT 16 of 1990 Page 21

30 Interpretation

In this Act —
“agricultural land
” means land used as arable, meadow or grazing land or for
the purpose of poultry farming, pig farming, market gardens, allotments,
nursery grounds or orchards;
“at large
”, in relation to a dog, means not on a lead or under the effective
control of a person aged 10 years or over;
“authorised officer
” means an officer of a local authority authorised to enforce
this Act or any byelaws under section 24 within the district of the
authority, and includes, in relation to land vested in, or managed or
controlled by the Department, and to which the public have access, an
officer of the Department;33

“carriageway
” means a way (other than a cycle track) over which the public
have a right of way for the passage of vehicles;34

“collar
” includes any restraining harness;35

“current token
”, in relation to any dog, means the token issued for that dog for
the current year;
“dangerous
” includes ferocious or vicious;
“the Department
” means the Department of Environment, Food and
Agriculture;36

“dog licence
” means a licence under section 1;
“dog warden
” means a person authorised in writing by the Department to
exercise the functions of a dog warden under this Act;
“exempt dog
” means a dog exempted from duty under section 2;
“guard dog
” means a dog which is being used to protect —
(a) any place (other than a dwelling house occupied by the keeper of
the dog, or the curtilage thereof);
(b) goods kept at any such place; or
(c) a person guarding any such place or goods;
“guard dog kennels
” means any premises where a person in the course of a
business keeps a dog which is used as a guard dog elsewhere (whether
or not it is also used for other purposes), other than a dog which is used
as a guard dog only at a place belonging to or occupied by its keeper;
“highway
” includes a footpath over which the public have a right of way on
foot only;37

“the keeper
”, in relation to a dog, means any person who is for the time being a
keeper of it in accordance with section 29, and “keep
” has a
corresponding meaning;
Section 31 Dogs Act 1990


Page 22 AT 16 of 1990 c

“livestock
” means cattle (including bulls, cows, bullocks, heifers or calves),
sheep, goats, pigs, horses, asses, mules, hinnies, deer not in the wild
state, poultry (including turkeys, geese, ducks, guinea-fowl, pigeons,
peacocks or quails) and, while in captivity, pheasants, partridges and
grouse;
“muzzled
”, in relation to a dog, means wearing a muzzle which effectively
prevents it biting;
“neutered
”, in relation to a bitch, means spayed;
“prescribed
” means prescribed by regulations;
“regulations
” means regulations made by the Department;38

“relevant authority
” has the meaning given to it in section 27A(6);39

“token
” means a token issued under paragraph 5 or 8 of Schedule 1;
“worrying livestock
” means causing, or behaving in a way likely to cause,
injury or suffering to livestock or, in the case of females, abortion or loss
or diminution of their produce;
“year
” means a year ending on the 31st March.
31 Amendments, repeals and revocations

(1) [Repealed]40

(2) The enactments specified in Schedule 3 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 4 are repealed or, as the case may
be, revoked to the extent specified in column 3 of that Schedule.
32 Short title and commencement

(1) This Act may be cited as the Dogs Act 1990.
(2) This Act shall come into operation on such day as the Department and
the Treasury may jointly by order appoint.41

Dogs Act 1990 Schedule 1



c AT 16 of 1990 Page 23

SCHEDULE 1

COLLECTION OF DUTY AND ISSUE OF DOG LICENCES

Section 1(4)
General
1. (1) The duties chargeable under section 1 shall be levied by the
Department.42

(2) Every dog licence shall, except in such cases as may be prescribed, expire
on the 31st March following the date on which it is taken out.
(3) Regulations may provide that, where a dog licence is taken out otherwise
than at the beginning of a year, the duty chargeable on that dog licence shall be,
instead of the amount for the time being specified by an order under section 1(2), such
lesser amount as may be prescribed.
(4) The amount prescribed under sub-paragraph (3) shall be such as to bear
to the amount for the time being specified by an order under section 1 (2) no less
proportion than the period from the time when the licence is taken out to the end of the
year bears to a year.
(5) The Department may by order modify the provisions of this paragraph
to enable a dog licence to be taken out for any period of 12 months running from the
beginning of the month in which the licence has effect and may make such transitional
arrangements as may be necessary.43

Places for issue of dog licences V p173/31
2. Dog licences shall be issued at such convenient places in the Island as the
Department may appoint, and the Department may make arrangements with any
person for the collection of duties and the issue of dog licences at such places.
Application and registration
3. (1) A person applying for a dog licence shall deliver to an authorised person
particulars in writing in the prescribed form of —
(a) the full name and address of the keeper of the dog;
(b) the description of the dog; and
(c) such other matters as may be prescribed.
(2) The authorised person shall enter the said particulars in a register kept
for the purpose.
Schedule 1
Dogs Act 1990


Page 24 AT 16 of 1990 c

(3) Where the applicant claims that the duty on the licence is payable at a
lower rate by virtue of section 1(3), he shall produce to the authorised person such
evidence as may be prescribed.
(4) A register kept by an authorised person under sub-paragraph (2) shall,
unless the contrary is proved, be evidence of the matters therein stated, and that no
licence other than those entered therein has been issued by that person.
(5) Any person who, in giving any particulars under sub-paragraph (1),
knowingly makes any mis-statement in respect thereof shall be guilty of an offence and
liable on summary conviction to a fine not exceeding £1,000.
Issue of licences
4. (1) Subject to sub-paragraph (2), on receipt of the particulars mentioned in
paragraph 3(1) and payment of the duty chargeable, the authorised person shall issue a
dog licence in the prescribed form.
(2) The following persons shall be disqualified for taking out or holding a
dog licence —
(a) a person under the age of 16; or
(b) a person for the time being disqualified for having custody of a
dog by virtue of an order under section 1 of the Cruelty to Animals
Act 1955 or under section 19(3)(b) or (4).
(3) A dog licence taken out by a person disqualified under sub-paragraph (2)
shall be void.
Issue of tokens
5. (1) On the issue of a dog licence, the authorised person shall deliver to the
applicant a token —
(a) made of metal or some other durable material;
(b) bearing a serial number, which shall be entered on the licence and
in the register kept under paragraph 3(2); and
(c) of the colour specified by the Department for each year in respect
of which dog licences are issued.44

(2) Different colours shall be specified45
for tokens issued in different years.
Forgery and misuse of licences and tokens
6. Any person who forges or fraudulently alters or uses a dog licence or token, or
fraudulently allows a dog licence or token to be used by any other person, shall be
guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.
Dogs Act 1990 Schedule 2



c AT 16 of 1990 Page 25

Provision of particulars of licences etc. V p173/32
7. (1) An authorised person shall give to any constable or dog warden on
request any particulars contained in any register kept by him under paragraph 3(2)
(2) An authorised person (other than the Department) shall —
(a) at such intervals as the Department may direct, deliver to the
Department the registers kept by him under paragraph 3(2); and46

(b) at such intervals and in such manner as the Department
may direct, account to the Department for all duties received by
him under paragraph 4(1).47

New or duplicate tokens
8. (1) The Department may, on production of a current dog licence for a dog
and on being satisfied that the current token for that dog has been lost or destroyed,
issue a new or duplicate token, and may charge for it such duty as may be prescribed
by order.48

(2) If a new token issued under this paragraph bears a different serial
number from that borne by the token that was lost or destroyed, the Department shall
cause the new number to be entered on the relevant dog licence and in the relevant
register kept under paragraph 3(2).49

Interpretation
9. In this Schedule “authorised person
” means the Department, or a person
authorised by the Department to collect duties and issue licences under Part I.50

SCHEDULE 2
51

SCHEDULE 3

AMENDMENT OF ENACTMENTS

Section 31(2)
[Sch 3 amends the following Acts —
Local Government Consolidation Act 1916 q.v.
Petty Sessions and Summary Jurisdiction Act 1927 q.v.]


Schedule 4
Dogs Act 1990


Page 26 AT 16 of 1990 c

SCHEDULE 4

ENACTMENTS REPEALED OR REVOKED

Section 31(3)
PART I – ACTS OF TYNWALD

Part I repeals the following Acts wholly —
Dogs Act 1851
Dogs Act 1908
Dogs (Protection of Livestock) Act 1953
Highways Act 1954
Game Act 1958
and the following Acts in part —
Game Act 1882
Local Government Consolidation Act 1916
Highway Act 1927
Petty Sessions and Summary Jurisdiction Act 1927
Finance Act 1958
Fees, Charges Etc. Enabling Act 1972
Local Government (Miscellaneous Provisions) Act 1976
Animal Offences Act 1976
Animals Act 1981
Treasury Act 1985
Fines Act 1986.]
PART II – PUBLIC DOCUMENTS

Part II repeals the following Order wholly —
Isle of Man Highway and Transport Board (Variation of Fees, Charges,
Etc.) Order 1978 (GC234/78)
and the following Orders in part —
Isle of Man Highway and Transport Board (Variation of Fees, Charges,
Etc.) Order 1977 (GC217/77)
Variation of Fees Order 1982 (GC142/82)
Transfer of Functions (Treasury) Order 1986 (GC69/86).]
Dogs Act 1990 Endnotes


c AT 16 of 1990 Page 27

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) amended by Dogs (Amendment) Act 2006 s 5. 2
Subs (3A) inserted by Dogs (Amendment) Act 2012 s 4 with effect from 1/11/2012. 3
S 2 substituted by Dogs (Amendment) Act 2012 s 5 with effect from 1/11/2012. 4
Subs (5) added by Dogs (Amendment) Act 2006 s 1. 5
Subs (6) added by Dogs (Amendment) Act 2006 s 1. 6
S 5 amended by Dogs (Amendment) Act 2006 s 5. 7
Para (a) amended by Dogs (Amendment) Act 2012 s 8(1) with effect from 1/11/2012. 8
Para (c) amended by Dogs (Amendment) Act 2006 s 5. 9
Para (b) amended by Dogs (Amendment) Act 2006 s 5. 10
Para (a) amended by Statute Law Revision Act 1992 Sch 1. 11
S 22 amended by Dogs (Amendment) Act 2006 s 5. 12
S 23 substituted by Dogs (Amendment) Act 2006 s 2. 13
Para (d) (and the word “or “preceding it) added by Dogs (Amendment) Act 2012 s
6(2)(b) and (c) with effect from 1/11/2012. 14
Subs (5) amended by Dogs (Amendment) Act 2012 s 6(3) with effect from 1/11/2012. 15
Subs (6) amended by Dogs (Amendment) Act 2012 s 6(4) with effect from 1/11/2012. 16
Definition of “car park” inserted by Dogs (Amendment) Act 2012 s 6(5)(a) with effect
from 1/11/2012. 17
Definition of “open space” substituted by Dogs (Amendment) Act 2012 s 6(5)(b) with
effect from 1/11/2012. 18
Subs (10) amended by SD155/10 Sch 5. 19
Subs (10A) inserted by Dogs (Amendment) Act 2012 s 6(6) with effect from 1/11/2012.
Endnotes Dogs Act 1990


Page 28 AT 16 of 1990 c

20
S 24 substituted by Dogs (Amendment) Act 2006 with saving. Subs (11) amended by
SD155/10 Sch 5. 21
S 25 amended by Dogs (Amendment) Act 2006 s 5. 22
S 26 amended by Dogs (Amendment) Act 2006 s 5. 23
Subs (1) amended by Dogs (Amendment) Act 2006 s 5. 24
Subs (2) amended by Dogs (Amendment) Act 2006 s 5. 25
Para (a) amended by Dogs (Amendment) Act 2012 s 8(2). 26
S 27A inserted by Dogs (Amendment) Act 2006 s 4. 27
S 27B repealed by Local Government Act 2006 Sch 4 on the making of SD532/07. 28
Subs (1) amended by Dogs (Amendment) Act 2006 s 5. 29
Subs (2) repealed by Dogs (Amendment) Act 2006 s 5. 30
Subs (3) amended by Dogs (Amendment) Act 2006 s 5. 31
Reference to Department of Infrastructure substituted for “the Department” by Dogs
(Amendment) Act 2012 s. 8(3) with effect from 1/11/2012. 32
Subs (4) added by Dogs (Amendment) Act 2006 s 5. 33
Definition of “authorised officer” substituted by Dogs (Amendment) Act 2012 s 8(4)
with effect from 1/11/2012. 34
Definition of “carriageway” inserted by Dogs (Amendment) Act 2006 s 5. 35
Definition of “collar” inserted by Dogs (Amendment) Act 2006 s 5. 36
Definition of “the Department” amended by SD155/10 Sch 3. 37
Definition of “highway” inserted by Dogs (Amendment) Act 2006 s 5. 38
Definition of “regulations” amended by Dogs (Amendment) Act 2006 s 5. 39
Definition of “relevant authority” inserted by Dogs (Amendment) Act 2006 s 5. 40
Subs (1) repealed by Dogs (Amendment) Act 2006 s 5. 41
ADO (whole Act) 1/4/1992 (GC32/92). 42
Subpara (1) amended by Dogs (Amendment) Act 2006 s 5. 43
Subpara (5) added by Dogs (Amendment) Act 2006 s 5. 44
Para (c) substituted by Dogs (Amendment) Act 2012 s 7(2) with effect from 1/11/2012. 45
“Specified” substituted for “prescribed” by Dogs (Amendment) Act 2012 s 7(3) with
effect from 1/11/2012. 46
Item (a) amended by Dogs (Amendment) Act 2006 s 5. 47
Subs (2) amended by Dogs (Amendment) Act 2006 s 5. Item (b) amended by Dogs
(Amendment) Act 2006 s 5. 48
Subpara (1) amended by Dogs (Amendment) Act 2006 s 5. 49
Subpara (2) amended by Dogs (Amendment) Act 2006 s 5. 50
Para 9 amended by Dogs (Amendment) Act 2006 s 5. 51
Sch 2 repealed by Dogs (Amendment) Act 2006 s 5.