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 game birds 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.