Animal Welfare Act 2006
This Act has been widely anticipated and came into force in England on 6th April 2007 and in Wales on 28th March 2007. It is very wide in scope and replaces the Protection of Animals Act 1911. In summary:-
Cruelty (s4)
Unnecessary suffering is defined in Section 4(3) as including when suffering could have reasonably been avoided or reduced, and whether the conduct was that of a reasonably competent and humane person. You can commit an offence if you cause unnecessary suffering by an act (or failure to act) or if you permit someone else to.
Duty of Care (s9)
You commit an offence if you don't take 'such steps as are reasonable in all the circumstances to ensure that the needs of an animal' for which you are responsible' are met to the extent required by good practice. You are responsible for an animal if you are the owner, in charge of it, a parent or guardian of someone under 16 who is responsible for it. You may be responsible on a temporary basis (eg looking after a friend's animal)
An animals needs include:-
- Suitable environment
- Suitable diet
- Need to exhibit normal behaviour patterns
- To be housed with, or apart from, other animals
- Protected from pain, suffering, injury and disease
As an alternative to prosecution, if it is believed you have failed this duty you may be served an Improvement Notice (s10) to require you to steps that you must take within a specified period.
Dog fighting (s8)
There's a range of offences (which apply to any animal fighting), which include:-
- Causing a fight
- Receiving money for admission to a fight
- Publicising a fight
- Makes or accepts a bet on a fight
- Supply, publish or show a recording of a fight
Tail Docking (s6)
Under the Veterinary Surgeons Act 1966 ONLY a vet can dock a dog's tail.
It is now an offence to remove a dog's tail (or cause or permit it to be removed) other than for medical treatment. This ban doesn't apply if:-
- The dog is less than 5 days old
- It is certified by a vet to be of a certain type (hunt point retrieve breeds, spaniels or terriers or any type or combination of types)
- It is certified by a vet that he has seen evidence that the dog will be used for specified work (law enforcement, armed forces, emergency rescue, lawful pest control or lawful shooting of animals) (see the Docking of Working Dogs' Tails England Regulations 2007, regulation 3(2)(c).
The owner has 3 months to get a lawfully docked dog microchipped or an offence is committed.
It is an offence to show a dog at an event (in England or Wales) where members of the public are admitted on payment of a fee where the dog's tail has been removed after the cut off date. (Regardless of where the tail has been docked). This doesn't apply if the dog is 'demonstrating its working ability'
Sale of Dogs (s11)
It is an offence to sell a dog to someone you have 'reasonable cause to believe' is under 16
Promoting welfare (s12)
The government has the power (after consultation) to make regulations for the purpose of promoting the welfare of animals, breach of which is an offence
Code of Practice (s14)
The government has the power (after consultation) to make Codes of Practice to provide practical guidance on how to ensure an animal's welfare needs are met. Breach is not an offence, but it can be taken into account in deciding if there's a breach of Section 12. For dogs, these are currently due to be issued by 2008.
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