Post by stormy on Apr 13, 2007 1:01:08 GMT
The Animal Welfare Act 2006 applies a duty of care to all protected animals in England and Wales. Please note that Scotland has a separate Act, The Animal Health and Welfare (Scotland) Act 2006. Please read on for an overview of the Act, including the extent of the Act, offences and penalties. At the end of the brief is a useful section on tail docking, which explains the differences in the law between England and Wales. Click here for the Countryside Alliance's news release on the Act.
EXTENT OF THE ACT
The Act only applies to England and Wales.
Scotland has a separate Act - The Animal Health and Welfare (Scotland) Act 2006.
Enforcement of the Animal Welfare Act: 28 March 2007 in Wales and 06 April 2007 in England
SCOPE OF THE ACT
· The Act applies to all vertebrate animals designated under the Act as ‘protected’ or ‘for which a person is responsible’.
· An animal is a “protected animal” if it is of a kind which is commonly domesticated in the British Islands (whether or not under the control of man). An animal is a “protected animal” if it is under the control of man whether on a permanent or temporary basis; or it is not living in a wild state.
· A person “responsible for an animal” is the person responsible for an animal whether on a permanent or temporary basis and includes being in charge of it. A person who owns an animal is always regarded as being a person who is responsible for it. Moreover, a person shall be treated as responsible for any animal for which a person under the age of 16 years of whom he has actual care and control is responsible.
· The legislation does not apply to wild animals. The Act will not affect hunting or shooting. Animals that are hunted or shot tend to be wild animals in the wild, and are not protected. They will only be protected if they are under man’s control or are not living in a wild state. For example a wild animal caught in a trap or gamebirds caught up for breeding.
· The Act does not apply to the sea, only to inland waters (rivers, streams, lakes) and estuaries. It will not affect sea fishing and does not apply to anything done in the normal course of fishing.
OFFENCES
· There are two main general offences under the Act. It must be noted that a person can be guilty of an offence not simply for acts done but also for failing to act and that includes failure to supervise a third party.
1. Causing unnecessary suffering to an animal
This offence extends to all “protected animals” and animals “for which a person is responsible”
2. Failing in the duty of care towards an animal
This offence extends only to animals “for which a person is responsible”.
A person responsible for an animal must take reasonable steps to ensure that the animal’s needs are met “ to the extent required by good practice”. Those needs include:
(a) its need for a suitable environment,
(b) its need for a suitable diet,
(c) its need to be able to exhibit normal behaviour patterns,
(d) any need it has to be housed with, or apart from, other animals, and
(e) its need to be protected from pain, suffering, injury and disease.
· The requirement to comply with “good practice” should be informed by:
(i) relevant codes of practice – preferably Government codes, but industry codes may be helpful
(ii) veterinary and other scientific or specialist knowledge
(iii) what is usually done in the circumstances
CODES AND REGULATIONS – SECONDARY LEGISLATION
· Defra will be producing codes and/or regulations covering a variety of different activities involving animals. For example, there will be a code for owners of domestic cats and dogs, and a code on the rearing of game birds. These codes or regulations will be made over a number of years, following public consultation.
· Neither the offence of causing unnecessary suffering, nor the offence of failing in the duty of care, prohibits the humane destruction of animals.
PENALTIES
· Those found guilty of causing unnecessary suffering to an animal will face up to 51 weeks in prison, a fine of up to £20,000, or both. Those failing in their duty of care towards an animal will face imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale (currently £5000) or to both.
MUTILATIONS
· The Act prohibits mutilations defined as “a procedure which involves interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment”. This general ban is subject to exemptions set out in regulations which come into force at the same time as the Act.
· Under The Mutilations (Permitted Procedures)(England) Regulations 2007 the usual agricultural practices, such as docking lambs tails, will continue to be lawful as they were prior to the Act.
TAIL DOCKING OF DOGS
· The Act prohibits the docking of dogs’ tails subject to an exemption for working dogs. The exemption is set out in regulations. The Docking Regulations come into force in England on 6 April 2007. In Wales the equivalent regulations came into force on 29 March 2007.
· A dog of one of the types below may be docked if evidence is provided that it is likely to be worked in connection with law enforcement, activities of Her Majesty’s Armed Forces, emergency rescue, lawful pest control, or the lawful shooting of animals. It is recognised that in a litter not all puppies docked will be found suitable for work.
· The owner of the dog, or person representing the owner must make a signed statement that: the dam of the puppies to be docked is of a type which can be certified as set out below; the date on which the puppies were born; and that it is intended that they will be used, or sold, for one of the working purposes set out in the regulations.
· The vet must sign a declaration that the requirements of the regulations have been satisfied i.e. that he has been given the necessary declaration by the owner, or person representing the owner, and has seen the evidence required.
· The vet must have a completed statement, signed and dated by the owner of the dog (or by another person whom the veterinary surgeon to whom it is presented reasonably believes to be representing the owner), made in the form set out in the regulations. The vet must see the dam of the dog and a further piece of evidence such as a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals; a letter from a gamekeeper, a land occupier (or his agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him and that dogs bred by that breeder have been used (as the case may be) on his land, or in his shoot, or for pest control.
· The dogs that can be docked are different between England and Wales although the procedure is the same. There is a total ban on docking in Scotland.
· In England the following can be docked:
1. Hunt point retrieve breeds of any type or combination of types.
2. Spaniels of any type or combination of types.
3. Terriers of any type or combination of types.
· In Wales the following can be docked:
1. Spaniels: Of the following breeds: English Springer Spaniel, Welsh Springer Spaniel and Cocker Spaniel, but not combinations of breeds
2. Terriers: Of the following breeds: Jack Russell Terrier, Cairn Terrier, Lakeland Terrier, Norfolk Terrier, but not combinations of breeds
3. Hunt point retrievers of the breeds listed below:
Braque Italian, Brittany, German Long Haired Pointer, German Short Haired Pointer, German Wire Haired Pointer, Hungarian Vizsla, Hungarian Wire Haired Vizsla, Italian Spinone, Spanish Water Dog, Weimaraner, Korthals Griffon, Slovakian Rough Haired Pointer, Large Munsterlander, Small Munsterlander.
· The puppies docked must be microchipped, either at the time of docking or when the vet considers they are old enough.
· It remains the prerogative of a veterinary surgeon as to whether he chooses to dock a dog’s tail or not.
SHOWING OF DOCKED DOGS
· A dog docked before the 29 March 2007 in Wales and 6 April 2007 in England may continue to be shown at all shows in England, Wales, Scotland and Northern Ireland throughout its natural life.
· A dog docked on, or after, the above dates, irrespective of where it was docked, may not be shown at shows in England and Wales where the public is admitted “on payment of a fee”. This includes all forms of payment not simply a standard admission fee.
· However, where a working dog has been docked in England and Wales under the respective regulations set out above, it may be shown where the public are charged a fee, so long as it is shown “only to demonstrate its working ability”. It will thus be necessary to show working dogs in such a way as ONLY to demonstrate their working ability and not conformity to a standard.
· A dog legally docked in England, Wales, Northern Ireland or abroad may be shown at any show in Scotland or Northern Ireland.
source country side allience website
EXTENT OF THE ACT
The Act only applies to England and Wales.
Scotland has a separate Act - The Animal Health and Welfare (Scotland) Act 2006.
Enforcement of the Animal Welfare Act: 28 March 2007 in Wales and 06 April 2007 in England
SCOPE OF THE ACT
· The Act applies to all vertebrate animals designated under the Act as ‘protected’ or ‘for which a person is responsible’.
· An animal is a “protected animal” if it is of a kind which is commonly domesticated in the British Islands (whether or not under the control of man). An animal is a “protected animal” if it is under the control of man whether on a permanent or temporary basis; or it is not living in a wild state.
· A person “responsible for an animal” is the person responsible for an animal whether on a permanent or temporary basis and includes being in charge of it. A person who owns an animal is always regarded as being a person who is responsible for it. Moreover, a person shall be treated as responsible for any animal for which a person under the age of 16 years of whom he has actual care and control is responsible.
· The legislation does not apply to wild animals. The Act will not affect hunting or shooting. Animals that are hunted or shot tend to be wild animals in the wild, and are not protected. They will only be protected if they are under man’s control or are not living in a wild state. For example a wild animal caught in a trap or gamebirds caught up for breeding.
· The Act does not apply to the sea, only to inland waters (rivers, streams, lakes) and estuaries. It will not affect sea fishing and does not apply to anything done in the normal course of fishing.
OFFENCES
· There are two main general offences under the Act. It must be noted that a person can be guilty of an offence not simply for acts done but also for failing to act and that includes failure to supervise a third party.
1. Causing unnecessary suffering to an animal
This offence extends to all “protected animals” and animals “for which a person is responsible”
2. Failing in the duty of care towards an animal
This offence extends only to animals “for which a person is responsible”.
A person responsible for an animal must take reasonable steps to ensure that the animal’s needs are met “ to the extent required by good practice”. Those needs include:
(a) its need for a suitable environment,
(b) its need for a suitable diet,
(c) its need to be able to exhibit normal behaviour patterns,
(d) any need it has to be housed with, or apart from, other animals, and
(e) its need to be protected from pain, suffering, injury and disease.
· The requirement to comply with “good practice” should be informed by:
(i) relevant codes of practice – preferably Government codes, but industry codes may be helpful
(ii) veterinary and other scientific or specialist knowledge
(iii) what is usually done in the circumstances
CODES AND REGULATIONS – SECONDARY LEGISLATION
· Defra will be producing codes and/or regulations covering a variety of different activities involving animals. For example, there will be a code for owners of domestic cats and dogs, and a code on the rearing of game birds. These codes or regulations will be made over a number of years, following public consultation.
· Neither the offence of causing unnecessary suffering, nor the offence of failing in the duty of care, prohibits the humane destruction of animals.
PENALTIES
· Those found guilty of causing unnecessary suffering to an animal will face up to 51 weeks in prison, a fine of up to £20,000, or both. Those failing in their duty of care towards an animal will face imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale (currently £5000) or to both.
MUTILATIONS
· The Act prohibits mutilations defined as “a procedure which involves interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment”. This general ban is subject to exemptions set out in regulations which come into force at the same time as the Act.
· Under The Mutilations (Permitted Procedures)(England) Regulations 2007 the usual agricultural practices, such as docking lambs tails, will continue to be lawful as they were prior to the Act.
TAIL DOCKING OF DOGS
· The Act prohibits the docking of dogs’ tails subject to an exemption for working dogs. The exemption is set out in regulations. The Docking Regulations come into force in England on 6 April 2007. In Wales the equivalent regulations came into force on 29 March 2007.
· A dog of one of the types below may be docked if evidence is provided that it is likely to be worked in connection with law enforcement, activities of Her Majesty’s Armed Forces, emergency rescue, lawful pest control, or the lawful shooting of animals. It is recognised that in a litter not all puppies docked will be found suitable for work.
· The owner of the dog, or person representing the owner must make a signed statement that: the dam of the puppies to be docked is of a type which can be certified as set out below; the date on which the puppies were born; and that it is intended that they will be used, or sold, for one of the working purposes set out in the regulations.
· The vet must sign a declaration that the requirements of the regulations have been satisfied i.e. that he has been given the necessary declaration by the owner, or person representing the owner, and has seen the evidence required.
· The vet must have a completed statement, signed and dated by the owner of the dog (or by another person whom the veterinary surgeon to whom it is presented reasonably believes to be representing the owner), made in the form set out in the regulations. The vet must see the dam of the dog and a further piece of evidence such as a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals; a letter from a gamekeeper, a land occupier (or his agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him and that dogs bred by that breeder have been used (as the case may be) on his land, or in his shoot, or for pest control.
· The dogs that can be docked are different between England and Wales although the procedure is the same. There is a total ban on docking in Scotland.
· In England the following can be docked:
1. Hunt point retrieve breeds of any type or combination of types.
2. Spaniels of any type or combination of types.
3. Terriers of any type or combination of types.
· In Wales the following can be docked:
1. Spaniels: Of the following breeds: English Springer Spaniel, Welsh Springer Spaniel and Cocker Spaniel, but not combinations of breeds
2. Terriers: Of the following breeds: Jack Russell Terrier, Cairn Terrier, Lakeland Terrier, Norfolk Terrier, but not combinations of breeds
3. Hunt point retrievers of the breeds listed below:
Braque Italian, Brittany, German Long Haired Pointer, German Short Haired Pointer, German Wire Haired Pointer, Hungarian Vizsla, Hungarian Wire Haired Vizsla, Italian Spinone, Spanish Water Dog, Weimaraner, Korthals Griffon, Slovakian Rough Haired Pointer, Large Munsterlander, Small Munsterlander.
· The puppies docked must be microchipped, either at the time of docking or when the vet considers they are old enough.
· It remains the prerogative of a veterinary surgeon as to whether he chooses to dock a dog’s tail or not.
SHOWING OF DOCKED DOGS
· A dog docked before the 29 March 2007 in Wales and 6 April 2007 in England may continue to be shown at all shows in England, Wales, Scotland and Northern Ireland throughout its natural life.
· A dog docked on, or after, the above dates, irrespective of where it was docked, may not be shown at shows in England and Wales where the public is admitted “on payment of a fee”. This includes all forms of payment not simply a standard admission fee.
· However, where a working dog has been docked in England and Wales under the respective regulations set out above, it may be shown where the public are charged a fee, so long as it is shown “only to demonstrate its working ability”. It will thus be necessary to show working dogs in such a way as ONLY to demonstrate their working ability and not conformity to a standard.
· A dog legally docked in England, Wales, Northern Ireland or abroad may be shown at any show in Scotland or Northern Ireland.
source country side allience website