animal welfare act 2006

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Legal Guidance – Animal Welfare Act 2006

This Guidance Notice seeks to give information to healers in England on the legislation connected with the welfare of animals.

Please note that I am not a qualified legal practitioner and healers affected by this legislation should seek professional legal advice as appropriate.

Please read the introductory guidance on the legislative process in the United Kingdom and Crown Dependencies before reading this Notice. Click here to go to it.

The Animal Welfare Act 2006 is reproduced below under the terms of Crown Copyright Policy Guidance issued by HMSO (Her Majesty’s Stationery Office). Copyright is owned by the Crown and information on reproduction rights may be found on the HMSO website at http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/reproduction-of-legislation.htm.

Background

Numerous pieces of legislation relating to the welfare of animals have been passed in this country over the years. For many decades, one of the most important pieces of legislation was The Protection of Animals Act 1911. The Animal Welfare Act 2006 which came into effect in Spring 2007 replaced the 1911 Act and other smaller pieces of legislation relating to animals and provides the current framework in law outlining the responsibilities of animal owners for the welfare and care of their animals.

Key provisions of the new legislation are as follows:

Prior to the 2006 Act, the law had allowed different levels of minimum responsibility between owners of farmed animals and owners of pets. The 2006 Act provides for a standard level of responsibility for animals irrespective of the circumstances in which the animals are owned.
It is now a requirement in law that preventative action be taken by animal owners to reduce suffering of their animals before it happens
It is now a requirement that people who own animals as pets must do all that is reasonable to ensure the welfare of their animals.
The provision of penalties in law for owners who do not comply with the law including fines, imprisonment, seizure of animals and prevention of ownership of animals.
A strengthening of provisions to deal with instances of organised animal fighting.
A tightening of the restrictions concerning the minimum age at which somebody is allowed to buy an animal.
A revision of the law regarding the mutilation of animals.
Provisions for the enforcement of the legislation.

In the context of ensuring the welfare of their animals, pet owners are required under the legislation to provide:

· A suitable environment for the pet to live in.

· A suitable diet for the pet

· An environment in which the pet can behave in ways normal for its species.

· An environment where the pet is either housed with or apart from other animals in accordance with what might be best for the animal.

· An environment where the pet is protected from pain, suffering, injury and disease.

From time to time, energy healers may be called upon to give energy sessions to animals. Energy healers will need to have an understanding of this legislation in case they come across situations where pet owners are clearly in breach of their responsibilities under the law. If they do come across such situations, a report should be made to the police. The concept of client confidentiality does not apply in situations where the law has or is being broken.

Energy healers should also be aware of the legislative requirements regarding the treatment of ill or injured animals as provided by the Veterinary Surgeons Act 1966. This legislation specifies that only suitable qualified and registered vets may attend to ill or injured animals. The Welfare of Animals 2006 Act requires that appropriate action be taken by animal owners to prevent suffering and this can be taken to include the calling upon of assistance from vets where appropriate. Energy healers cannot be substitutes for appropriately qualified and registered vets. Please click here to read the guidance on this.

Reproduction of the legislation

Animal Welfare Act 2006

2006 Chapter 45

CONTENTS

Introductory

Section

Animals to which the Act applies

"Protected animal"

Responsibility for animals

Prevention of harm

Unnecessary suffering

Mutilation

Docking of dogs' tails

Administration of poisons etc.

Fighting etc.

Promotion of welfare

Duty of person responsible for animal to ensure welfare

Improvement notices

Transfer of animals by way of sale or prize to persons under 16

Regulations to promote welfare

Licensing and registration

Licensing or registration of activities involving animals

Codes of practice

Codes of practice

Making and approval of codes of practice: England

Making of codes of practice: Wales

Revocation of codes of practice

Animals in distress

Powers in relation to animals in distress

Power of entry for section 18 purposes

Orders in relation to animals taken under section 18(5)

Orders under section 20: appeals

Enforcement powers

Seizure of animals involved in fighting offences

Entry and search under warrant in connection with offences

Entry for purposes of arrest

Inspection of records required to be kept by holder of licence

Inspection in connection with licences

Inspection in connection with registration

Inspection of farm premises

Inspection relating to Community obligations

Prosecutions

Power of local authority to prosecute offences

Time limits for prosecutions

Post-conviction powers

Imprisonment or fine

Deprivation

Disqualification

Seizure of animals in connection with disqualification

Section 35: supplementary

Destruction in the interests of the animal

Destruction of animals involved in fighting offences

Reimbursement of expenses relating to animals involved in fighting offences

Forfeiture of equipment used in offences

Orders under section 33, 35, 37, 38 or 40: pending appeals

Orders with respect to licences

Termination of disqualification under section 34 or 42

Orders made on conviction for reimbursement of expenses

Orders for reimbursement of expenses: right of appeal for non-offenders

Scotland

Effect in Scotland of disqualification under section 34

Deprivation orders in connection with offence under section 46(2)

Seizure orders where disqualification breached: Scotland

Appeals against deprivation orders and seizure orders

Deprivation orders, seizure orders and interim orders: offences

General

Inspectors

Conditions for grant of warrant

Powers of entry, inspection and search: supplementary

Power to stop and detain vehicles

Power to detain vessels, aircraft and hovercraft

Obtaining of documents in connection with carrying out orders etc.

Offences by bodies corporate

Scientific research

Fishing

Crown application

Orders and regulations

General interpretation

Financial provisions

Minor and consequential amendments

Repeals

Transition

Extent

Commencement

Short title


Schedule 1	-	Regulations under section 13
Part 1	-	Licences for the purposes of the section
Part 2	-	Registration for the purposes of the section
Part 3	-	Supplementary
Schedule 2	-	Powers of entry, inspection and search: supplementary
Schedule 3	-	Minor and consequential amendments
Schedule 4	-	Repeals

	An Act to make provision about animal welfare; and for connected purposes. [8th November 2006] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	*Introductory*
1	Animals to which the Act applies
	(1) In this Act, except subsections (4) and (5), "animal" means a vertebrate other than man.
	(2) Nothing in this Act applies to an animal while it is in its foetal or embryonic form.
	(3) The appropriate national authority may by regulations for all or any of the purposes of this Act-
	(a) extend the definition of "animal" so as to include invertebrates of any description;
	(b) make provision in lieu of subsection (2) as respects any invertebrates included in the definition of "animal";
	(c) amend subsection (2) to extend the application of this Act to an animal from such earlier stage of its development as may be specified in the regulations.
	(4) The power under subsection (3)(a) or (c) may only be exercised if the appropriate national authority is satisfied, on the basis of scientific evidence, that animals of the kind concerned are capable of experiencing pain or suffering.
	(5) In this section, "vertebrate" means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and "invertebrate" means any animal not of that Sub-phylum.
2	"Protected animal"
	An animal is a "protected animal" for the purposes of this Act if-
	(a) it is of a kind which is commonly domesticated in the British Islands,
	(b) it is under the control of man whether on a permanent or temporary basis, or
	(c) it is not living in a wild state.
3	Responsibility for animals
	(1) In this Act, references to a person responsible for an animal are to a person responsible for an animal whether on a permanent or temporary basis.
	(2) In this Act, references to being responsible for an animal include being in charge of it.
	(3) For the purposes of this Act, a person who owns an animal shall always be regarded as being a person who is responsible for it.
	(4) For the purposes of this Act, 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.
	*Prevention of harm*
4	Unnecessary suffering
	(1) A person commits an offence if-
	(a) an act of his, or a failure of his to act, causes an animal to suffer,
	(b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
	(c) the animal is a protected animal, and
	(d) the suffering is unnecessary.
	(2) A person commits an offence if-
	(a) he is responsible for an animal,
	(b) an act, or failure to act, of another person causes the animal to suffer,
	(c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and
	(d) the suffering is unnecessary.
	(3) The considerations to which it is relevant to have regard when determining for the purposes of this section whether suffering is unnecessary include-
	(a) whether the suffering could reasonably have been avoided or reduced;
	(b) whether the conduct which caused the suffering was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment;
	(c) whether the conduct which caused the suffering was for a legitimate purpose, such as-
	(i) the purpose of benefiting the animal, or
	(ii) the purpose of protecting a person, property or another animal;
	(d) whether the suffering was proportionate to the purpose of the conduct concerned;
	(e) whether the conduct concerned was in all the circumstances that of a reasonably competent and humane person.
	(4) Nothing in this section applies to the destruction of an animal in an appropriate and humane manner.
5	Mutilation
	(1) A person commits an offence if-
	(a) he carries out a prohibited procedure on a protected animal;
	(b) he causes such a procedure to be carried out on such an animal.
	(2) A person commits an offence if-
	(a) he is responsible for an animal,
	(b) another person carries out a prohibited procedure on the animal, and
	(c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening.
	(3) References in this section to the carrying out of a prohibited procedure on an animal are to the carrying out of a procedure which involves interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment.
	(4) Subsections (1) and (2) do not apply in such circumstances as the appropriate national authority may specify by regulations.
	(5) Before making regulations under subsection (4), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.
	(6) Nothing in this section applies to the removal of the whole or any part of a dog's tail.
6	Docking of dogs' tails
	(1) A person commits an offence if-
	(a) he removes the whole or any part of a dog's tail, otherwise than for the purpose of its medical treatment;
	(b) he causes the whole or any part of a dog's tail to be removed by another person, otherwise than for the purpose of its medical treatment.
	(2) A person commits an offence if-
	(a) he is responsible for a dog,
	(b) another person removes the whole or any part of the dog's tail, otherwise than for the purpose of its medical treatment, and
	(c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening.
	(3) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.
	(4) For the purposes of subsection (3), a dog is a certified working dog if a veterinary surgeon has certified, in accordance with regulations made by the appropriate national authority, that the first and second conditions mentioned below are met.
	(5) The first condition referred to in subsection (4) is that there has been produced to the veterinary surgeon such evidence as the appropriate national authority may by regulations require for the purpose of showing that the dog is likely to be used for work in connection with-
	(a) law enforcement,
	(b) activities of Her Majesty's armed forces,
	(c) emergency rescue,
	(d) lawful pest control, or
	(e) the lawful shooting of animals.
	(6) The second condition referred to in subsection (4) is that the dog is of a type specified for the purposes of this subsection by regulations made by the appropriate national authority.
	(7) It is a defence for a person accused of an offence under subsection (1) or (2) to show that he reasonably believed that the dog was one in relation to which subsection (3) applies.
	(8) A person commits an offence if-
	(a) he owns a subsection (3) dog, and
	(b) fails to take reasonable steps to secure that, before the dog is 3 months old, it is identified as a subsection (3) dog in accordance with regulations made by the appropriate national authority.
	(9) A person