|
|
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 commits an offence if-
|
|
|
(a) he shows a dog at an
event to which members of the public are admitted on payment of a fee,
|
|
|
(b) the dog's tail has
been wholly or partly removed (in England
and Wales
or elsewhere), and
|
|
|
(c) removal
took place on or after the commencement day.
|
|
|
(10)
Where a dog is shown only for the purpose of demonstrating its working
ability, subsection (9) does not apply if the dog is a subsection (3) dog.
|
|
|
(11)
It is a defence for a person accused of an
offence under subsection (9) to show that he reasonably believed-
|
|
|
(a) that the event was
not one to which members of the public were admitted on payment of an
entrance fee,
|
|
|
(b) that the removal
took place before the commencement day, or
|
|
|
(c) that
the dog was one in relation to which subsection (10) applies.
|
|
|
(12)
A person commits an offence if he knowingly gives false information to a
veterinary surgeon in connection with the giving of a certificate for the
purposes of this section.
|
|
|
(13)
The appropriate national authority may by regulations make provision about
the functions of inspectors in relation to-
|
|
|
(a) certificates for the
purposes of this section, and
|
|
|
(b) the
identification of dogs as subsection (3) dogs.
|
|
|
(14)
Power to make regulations under this section includes power-
|
|
|
(a) to make different
provision for different cases, and
|
|
|
(b) to
make incidental, supplementary, consequential or transitional provision or
savings.
|
|
|
(15)
Before making regulations under this section, the appropriate national
authority shall consult such persons appearing to the authority to
represent any interests concerned as the authority considers appropriate.
|
|
|
(16)
In this section-
|
|
|
"commencement
day" means the day on which this section comes into force;
|
|
|
"subsection
(3) dog" means a dog whose tail has, on or after the commencement day,
been wholly or partly removed without contravening subsection (1), because
of the application of subsection (3).
|
7
|
Administration
of poisons etc.
|
|
|
(1)
A person commits an offence if, without lawful authority or reasonable
excuse, he-
|
|
|
(a) administers any
poisonous or injurious drug or substance to a protected animal, knowing it
to be poisonous or injurious, or
|
|
|
(b) causes
any poisonous or injurious drug or substance to be taken by a protected
animal, knowing it to be poisonous or injurious.
|
|
|
(2)
A person commits an offence if-
|
|
|
(a) he is responsible
for an animal,
|
|
|
(b) without lawful
authority or reasonable excuse, another person administers a poisonous or
injurious drug or substance to the animal or causes the animal to take such
a drug or substance, and
|
|
|
(c) he
permitted that to happen or, knowing the drug or substance to be poisonous
or injurious, he 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)
In this section, references to a poisonous or injurious drug or substance
include a drug or substance which, by virtue of the quantity or manner in
which it is administered or taken, has the effect of a poisonous or
injurious drug or substance.
|
8
|
Fighting etc.
|
|
|
(1)
A person commits an offence if he-
|
|
|
(a) causes an animal
fight to take place, or attempts to do so;
|
|
|
(b) knowingly receives
money for admission to an animal fight;
|
|
|
(c) knowingly publicises a proposed animal fight;
|
|
|
(d) provides information
about an animal fight to another with the intention of enabling or
encouraging attendance at the fight;
|
|
|
(e) makes or accepts a
bet on the outcome of an animal fight or on the likelihood of anything
occurring or not occurring in the course of an animal fight;
|
|
|
(f) takes part in an
animal fight;
|
|
|
(g) has in his
possession anything designed or adapted for use in connection with an
animal fight with the intention of its being so used;
|
|
|
(h) keeps or trains an
animal for use for in connection with an animal fight;
|
|
|
(i)
keeps any premises for use for an animal fight.
|
|
|
(2)
A person commits an offence if, without lawful authority or reasonable
excuse, he is present at an animal fight.
|
|
|
(3)
A person commits an offence if, without lawful authority or reasonable
excuse, he-
|
|
|
(a) knowingly supplies a
video recording of an animal fight,
|
|
|
(b) knowingly publishes
a video recording of an animal fight,
|
|
|
(c) knowingly shows a
video recording of an animal fight to another, or
|
|
|
(d) possesses
a video recording of an animal fight, knowing it to be such a recording,
with the intention of supplying it.
|
|
|
(4)
Subsection (3) does not apply if the video recording is of an animal fight
that took place-
|
|
|
(a) outside Great Britain,
or
|
|
|
(b) before
the commencement date.
|
|
|
(5)
Subsection (3) does not apply-
|
|
|
(a) in the case of
paragraph (a), to the supply of a video recording for inclusion in a programme service;
|
|
|
(b) in the case of
paragraph (b) or (c), to the publication or showing of a video recording by
means of its inclusion in a programme service;
|
|
|
(c) in
the case of paragraph (d), by virtue of intention to supply for inclusion
in a programme service.
|
|
|
(6)
Provision extending the application of an offence under subsection (3), so
far as relating to the provision of information society services, may be
made under section 2(2) of the European Communities Act 1972 (c. 68)
(powers to implement Community obligations by regulations) notwithstanding
the limits imposed by paragraph 1(1)(d) of
Schedule 2 to that Act on the penalties with which an offence may be
punishable on summary conviction.
|
|
|
(7)
In this section-
|
|
|
"animal fight"
means an occasion on which a protected animal is placed with an animal, or
with a human, for the purpose of fighting, wrestling or baiting;
|
|
|
‘"commencement
date" means the date on which subsection (3) comes into force;
|
|
|
"information
society services" has the meaning given in Article 2(a) of Directive
2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular
electronic commerce in the Internal Market (Directive on electronic
commerce);
|
|
|
"programme service" has the same meaning as in the
Communications Act 2003 (c. 21);
|
|
|
"video
recording" means a recording, in any form, from which a moving image
may by any means be reproduced and includes data stored on a computer disc
or by other electronic means which is capable of conversion into a moving
image.
|
|
|
(8)
In this section-
|
|
|
(a) references to
supplying or publishing a video recording are to supplying or publishing a
video recording in any manner, including, in relation to a video recording
in the form of data stored electronically, by means of transmitting such
data;
|
|
|
(b) references
to showing a video recording are to showing a moving image reproduced from
a video recording by any means.
|
|
|
Promotion of welfare
|
9
|
Duty of
person responsible for animal to ensure welfare
|
|
|
(1)
A person commits an offence if he does not take such steps as are
reasonable in all the circumstances to ensure that the needs of an animal
for which he is responsible are met to the extent required by good
practice.
|
|
|
(2)
For the purposes of this Act, an animal's needs shall be taken to 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.
|
|
|
(3)
The circumstances to which it is relevant to have regard when applying
subsection (1) include, in particular-
|
|
|
(a) any lawful purpose
for which the animal is kept, and
|
|
|
(b) any
lawful activity undertaken in relation to the animal.
|
|
|
(4)
Nothing in this section applies to the destruction of an animal in an appropriate
and humane manner.
|
10
|
Improvement notices
|
|
|
(1)
If an inspector is of the opinion that a person is failing to comply with
section 9(1), he may serve on the person a notice which-
|
|
|
(a) states that he is of
that opinion,
|
|
|
(b) specifies the
respects in which he considers the person is failing to comply with that
provision,
|
|
|
(c) specifies the steps
he considers need to be taken in order to comply with the provision,
|
|
|
(d) specifies a period
for the taking of those steps, and
|
|
|
(e)
explains the effect of subsections (2) and (3).
|
|
|
(2)
Where a notice under subsection (1) ("an improvement notice") is
served, no proceedings for an offence under section 9(1) may be instituted
before the end of the period specified for the purposes of subsection
(1)(d) ("the compliance period") in respect of-
|
|
|
(a) the non-compliance
which gave rise to the notice, or
|
|
|
(b) any
continuation of that non-compliance.
|
|
|
(3)
If the steps specified in an improvement notice are taken at any time
before the end of the compliance period, no proceedings for an offence
under section 9(1) may be instituted in respect of-
|
|
|
(a) the non-compliance
which gave rise to the notice, or
|
|
|
(b) any
continuation of that non-compliance prior to the taking of the steps
specified in the notice.
|
|
|
(4)
An inspector may extend, or further extend, the compliance period specified
in an improvement notice.
|
11
|
Transfer of
animals by way of sale or prize to persons under 16
|
|
|
(1)
A person commits an offence if he sells an animal to a person whom he has
reasonable cause to believe to be under the age of 16 years.
|
|
|
(2)
For the purposes of subsection (1), selling an animal includes
transferring, or agreeing to transfer, ownership of the animal in
consideration of entry by the transferee into another transaction.
|
|
|
(3)
Subject to subsections (4) to (6), a person commits an offence if-
|
|
|
(a) he enters into an
arrangement with a person whom he has reasonable cause to believe to be
under the age of 16 years, and
|
|
|
(b) the
arrangement is one under which that person has the chance to win an animal
as a prize.
|
|
|
(4)
A person does not commit an offence under subsection (3) if-
|
|
|
(a) he enters into the
arrangement in the presence of the person with whom the arrangement is
made, and
|
|
|
(b) he
has reasonable cause to believe that the person with whom the arrangement
is made is accompanied by a person who is not under the age of 16 years.
|
|
|
(5)
A person does not commit an offence under subsection (3) if-
|
|
|
(a) he enters into the
arrangement otherwise than in the presence of the person with whom the
arrangement is made, and
|
|
|
(b) he
has reasonable cause to believe that a person who has actual care and
control of the person with whom the arrangement is made has consented to
the arrangement.
|
|
|
(6)
A person does not commit an offence under subsection (3) if he enters into
the arrangement in a family context.
|
12
|
Regulations
to promote welfare
|
|
|
(1)
The appropriate national authority may by regulations make such provision
as the authority thinks fit for the purpose of promoting the welfare of
animals for which a person is responsible, or the progeny of such animals.
|
|
|
(2)
Without prejudice to the generality of the power under subsection (1),
regulations under that subsection may, in particular-
|
|
|
(a) make provision
imposing specific requirements for the purpose of securing that the needs
of animals are met;
|
|
|
(b) make provision to
facilitate or improve co-ordination in relation to the carrying out by
different persons of functions relating to the welfare of animals;
|
|
|
(c) make
provision for the establishment of one or more bodies with functions
relating to advice about the welfare of animals.
|
|
|
(3)
Power to make regulations under subsection (1) includes power-
|
|
|
(a) to provide that
breach of a provision of the regulations is an offence;
|
|
|
(b) to apply a relevant
post-conviction power in relation to conviction for an offence under the
regulations;
|
|
|
(c) to make provision
for fees or other charges in relation to the carrying out of functions
under the regulations;
|
|
|
(d) to make different
provision for different cases or areas;
|
|
|
(e) to provide for
exemptions from a provision of the regulations, either subject to specified
conditions or without conditions;
|
|
|
(f) to
make incidental, supplementary, consequential or transitional provision or
savings.
|
|
|
(4)
Power to make regulations under subsection (1) does not include power to
create an offence triable on indictment or
punishable with-
|
|
|
(a) imprisonment for a
term exceeding 51 weeks, or
|
|
|
(b) a
fine exceeding level 5 on the standard scale.
|
|
|
(5)
Regulations under subsection (1) may provide that a specified offence under
the regulations is to be treated as a relevant offence for the purposes of
section 23.
|
|
|
(6)
Before making regulations under subsection (1), the appropriate national
authority shall consult such persons appearing to the authority to
represent any interests concerned as the authority considers appropriate.
|
|
|
(7)
In this section, "specified" means specified in regulations under
subsection (1).
|
|
|
Licensing and registration
|
13
|
Licensing or
registration of activities involving animals
|
|
|
(1)
No person shall carry on an activity to which this subsection applies
except under the authority of a licence for the
purposes of this section.
|
|
|
(2)
Subsection (1) applies to an activity which-
|
|
|
(a) involves animals for
which a person is responsible, and
|
|
|
(b) is
specified for the purposes of the subsection by regulations made by the
appropriate national authority.
|
|
|
|
|
|
(3)
No person shall carry on an activity to which this subsection applies
unless registered for the purposes of this section.
|
|
|
(4)
Subsection (3) applies to an activity which-
|
|
|
(a) involves animals for
which a person is responsible, and
|
|
|
(b) is
specified for the purposes of the subsection by regulations made by the
appropriate national authority.
|
|
|
|
|
|
(5)
Regulations under subsection (2) or (4) may only be made for the purpose of
promoting the welfare of animals for which a person is responsible, or the
progeny of such animals.
|
|
|
(6)
A person commits an offence if he contravenes subsection (1) or (3).
|
|
|
(7)
The appropriate national authority may by regulations make provision about licences or registration for the purposes of this
section.
|
|
|
(8)
The appropriate national authority may by regulations repeal any of the
following enactments (which impose licence or
registration requirements in relation to activities involving animals)-
|
|
|
(a) section 1(1) of the
Performing Animals (Regulation) Act 1925 (c. 38);
|
|
|
(b) section 1(1) of the
Pet Animals Act 1951 (c. 35);
|
|
|
(c) section 1(1) of the
Animal Boarding Establishments Act 1963 (c. 43);
|
|
|
(d) section 1(1) of the
Riding Establishments Act 1964 (c. 70);
|
|
|
(e) section
1(1) of the Breeding of Dogs Act 1973 (c. 60).
|
|
|
(9)
Before making regulations under this section, the appropriate national
authority shall consult such persons appearing to the authority to
represent any interests concerned as the authority considers appropriate.
|
|
|
(10)
Schedule 1 (which makes provision about regulations under this section) has
effect.
|
|
|
Codes of practice
|
14
|
Codes of practice
|
|
|
(1)
The appropriate national authority may issue, and may from time to time
revise, codes of practice for the purpose of providing practical guidance
in respect of any provision made by or under this Act.
|
|
|
(2)
The authority responsible for issuing a code of practice under subsection
(1) shall publish the code, and any revision of it, in such manner as it
considers appropriate.
|
|
|
(3)
A person's failure to comply with a provision of a code of practice issued
under this section shall not of itself render him liable to proceedings of
any kind.
|
|
|
(4)
In any proceedings against a person for an offence under this Act or an
offence under regulations under section 12 or 13-
|
|
|
(a) failure to comply
with a relevant provision of a code of practice issued under this section
may be relied upon as tending to establish liability, and
|
|
|
(b) compliance
with a relevant provision of such a code of practice may be relied upon as
tending to negative liability.
|
15
|
Making and
approval of codes of practice: England
|
|
|
(1)
Where the Secretary of State proposes to issue (or revise) a code of
practice under section 14, he shall-
|
|
|
(a) prepare a draft of
the code (or revised code),
|
|
|
(b) consult about the
draft such persons appearing to him to represent any interests concerned as
he considers appropriate, and
|
|
|
(c) consider
any representations made by them.
|
|
|
(2)
If following consultation under subsection (1) the Secretary of State
decides to proceed with a draft (either in its original form or with such
modifications as he thinks fit), he shall lay a copy of it before
Parliament.
|
|
|
(3)
If, within the 40-day period, either House of Parliament resolves not to
approve a draft laid under subsection (2), the Secretary of State shall
take no further steps in relation to it.
|
|
|
(4)
If, within the 40-day period, neither House resolves not to approve a draft
laid under subsection (2), the Secretary of State shall issue (or revise)
the code in the form of the draft.
|
|
|
(5)
A code (or revised code) shall come into force on such day as the Secretary
of State may by order appoint.
|
|
|
(6)
Subsection (3) does not prevent a new draft of a code (or revised code)
from being laid before Parliament.
|
|
|
(7)
An order under subsection (5) may include transitional provision or
savings.
|
|
|
(8)
In this section, "the 40-day period", in relation to a draft laid
under subsection (2), means-
|
|
|
(a) if the draft is laid
before the Houses on different days, the period of 40 days beginning with
the later of the two days, and
|
|
|
(b) in any other case,
the period of 40 days beginning with the day on which the draft is laid
before each House,
|
|
|
no account being taken of any period
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.
|
16
|
Making of
codes of practice: Wales
|
|
|
(1)
Where the National Assembly for Wales proposes to issue (or
revise) a code of practice under section 14, it shall-
|
|
|
(a) prepare a draft of
the code (or revised code),
|
|
|
(b) consult about the
draft such persons appearing to it to represent any interests concerned as
it considers appropriate, and
|
|
|
(c) consider
any representations made by them.
|
|
|
(2)
The Assembly may issue (or revise) a code either in the form of the draft
prepared under subsection (1)(a) or with such
modification as it thinks fit.
|
|
|
(3)
A code (or revised code) shall come into force in accordance with its
provisions.
|
|
|
(4)
A code (or revised code) may include transitional provision or savings.
|
17
|
Revocation of
codes of practice
|
|
|
(1)
The appropriate national authority may by order revoke a code of practice
issued by it under section 14.
|
|
|
(2)
An order under subsection (1) may include transitional provision or
savings.
|
|
|
(3)
Before making an order under subsection (1), the appropriate national
authority shall consult such persons appearing to the authority to
represent any interests concerned as the authority considers appropriate.
|
|
|
(4)
Subsection (3) does not apply in relation to an order revoking a code of
practice in connection with its replacement by a new one.
|
|
|
Animals in distress
|
18
|
Powers in
relation to animals in distress
|
|
|
(1)
If an inspector or a constable reasonably believes that a protected animal
is suffering, he may take, or arrange for the taking of, such steps as
appear to him to be immediately necessary to alleviate the animal's
suffering.
|
|
|
(2)
Subsection (1) does not authorise destruction of
an animal.
|
|
|
(3)
If a veterinary surgeon certifies that the condition of a protected animal
is such that it should in its own interests be destroyed, an inspector or a
constable may-
|
|
|
(a) destroy the animal
where it is or take it to another place and destroy it there, or
|
|
|
(b) arrange
for the doing of any of the things mentioned in paragraph (a).
|
|
|
(4)
An inspector or a constable may act under subsection (3) without the
certificate of a veterinary surgeon if it appears to him-
|
|
|
(a) that the condition
of the animal is such that there is no reasonable alternative to destroying
it, and
|
|
|
(b) that
the need for action is such that it is not reasonably practicable to wait
for a veterinary surgeon.
|
|
|
(5)
An inspector or a constable may take a protected animal into possession if
a veterinary surgeon certifies-
|
|
|
(a) that it is
suffering, or
|
|
|
(b) that
it is likely to suffer if its circumstances do not change.
|
|
|
|
|
|
(6)
An inspector or a constable may act under subsection (5) without the
certificate of a veterinary surgeon if it appears to him-
|
|
|
(a) that the animal is
suffering or that it is likely to do so if its circumstances do not change,
and
|
|
|
(b) that
the need for action is such that it is not reasonably practicable to wait
for a veterinary surgeon.
|
|
|
(7)
The power conferred by subsection (5) includes power to take into
possession dependent offspring of an animal taken into possession under
that subsection.
|
|
|
(8)
Where an animal is taken into possession under subsection (5), an inspector
or a constable may-
|
|
|
(a) remove it, or
arrange for it to be removed, to a place of safety;
|
|
|
(b) care for it, or
arrange for it to be cared for-
|
|
|
(i)
on the premises where it was being kept when it was taken into possession,
or
|
|
|
(ii) at such other place
as he thinks fit;
|
|
|
(c) mark
it, or arrange for it to be marked, for identification purposes.
|
|
|
(9)
A person acting under subsection (8)(b)(i), or under an arrangement under that provision, may
make use of any equipment on the premises.
|
|
|
(10)
A veterinary surgeon may examine and take samples from an animal for the
purpose of determining whether to issue a certificate under subsection (3)
or (5) with respect to the animal.
|
|
|
(11)
If a person exercises a power under this section otherwise than with the
knowledge of a person who is responsible for the animal concerned, he must,
as soon as reasonably practicable after exercising the power, take such
steps as are reasonable in the circumstances to bring the exercise of the
power to the notice of such a person.
|
|
|
(12)
A person commits an offence if he intentionally obstructs a person in the
exercise of power conferred by this section.
|
|
|
(13)
A magistrates' court may, on application by a person who incurs expenses in
acting under this section, order that he be reimbursed by such person as it
thinks fit.
|
|
|
(14)
A person affected by a decision under subsection (13) may appeal against
the decision to the Crown Court.
|
19
|
Power of
entry for section 18 purposes
|
|
|
(1)
An inspector or a constable may enter premises for the purpose of searching
for a protected animal and of exercising any power under section 18 in
relation to it if he reasonably believes-
|
|
|
(a) that there is a
protected animal on the premises, and
|
|
|
(b) that
the animal is suffering or, if the circumstances of the animal do not
change, it is likely to suffer.
|
|
|
(2)
Subsection (1) does not authorise entry to any
part of premises which is used as a private dwelling.
|
|
|
(3)
An inspector or a constable may (if necessary) use reasonable force in
exercising the power conferred by subsection (1), but only if it appears to
him that entry is required before a warrant under subsection (4) can be
obtained and executed.
|
|
|
(4)
Subject to subsection (5), a justice of the peace may, on the application
of an inspector or constable, issue a warrant authorising
an inspector or a constable to enter premises for the purpose mentioned in
subsection (1), if necessary using reasonable force.
|
|
|
(5)
The power to issue a warrant under subsection (4) is exercisable only if
the justice of the peace is satisfied-
|
|
|
(a) that there are
reasonable grounds for believing that there is a protected animal on the
premises and that the animal is suffering or is likely to suffer if its
circumstances do not change, and
|
|
|
(b) that
section 52 is satisfied in relation to the premises.
|
20
|
Orders in
relation to animals taken under section 18(5)
|
|
|
(1)
A magistrates' court may order any of the following in relation to an
animal taken into possession under section 18(5)-
|
|
|
(a) that specified
treatment be administered to the animal;
|
|
|
(b) that possession of
the animal be given up to a specified person;
|
|
|
(c) that the animal be
sold;
|
|
|
(d) that the animal be
disposed of otherwise than by way of sale;
|
|
|
(e) that
the animal be destroyed.
|
|
|
(2)
If an animal is taken into possession under section 18(5) when it is
pregnant, the power conferred by subsection (1) shall also be exercisable
in relation to any offspring that results from the pregnancy.
|
|
|
(3)
The power conferred by subsection (1) shall be exercisable on application
by-
|
|
|
(a) the owner of the
animal, or
|
|
|
(b) any
other person appearing to the court to have a sufficient interest in the
animal.
|
|
|
(4)
A court may not make an order under subsection (1) unless-
|
|
|
(a) it has given the
owner of the animal an opportunity to be heard, or
|
|
|
(b) it
is satisfied that it is not reasonably practicable to communicate with the
owner.
|
|
|
(5)
Where a court makes an order under subsection (1), it may-
|
|
|
(a) appoint a person to
carry out, or arrange for the carrying out, of the order;
|
|
|
(b) give directions with
respect to the carrying out of the order;
|
|
|
(c) confer additional
powers (including power to enter premises where the animal is being kept)
for the purpose of, or in connection with, the carrying out of the order;
|
|
|
(d) order
a person to reimburse the expenses of carrying out the order.
|
|
|
(6)
In determining how to exercise its powers under this section, the court
shall have regard, amongst other things, to the desirability of protecting
the animal's value and avoiding increasing any expenses which a person may
be ordered to reimburse.
|
|
|
(7)
A person commits an offence if he intentionally obstructs a person in the
exercise of any power conferred by virtue of this section.
|
|
|
(8)
If the owner of the animal is subject to a liability by virtue of section
18(13) or subsection (5)(d) above, any amount to
which he is entitled as a result of sale of the animal may be reduced by an
amount equal to that liability.
|
21
|
Orders under
section 20: appeals
|
|
|
(1)
Where a court makes an order under section 20(1), the owner of the animal
to which the order relates may appeal against the order to the Crown Court.
|
|
|
(2)
Nothing may be done under an order under section 20(1) unless-
|
|
|
(a) the period for
giving notice of appeal against the order has expired, and
|
|
|
(b) if
the order is the subject of an appeal, the appeal has been determined or
withdrawn.
|
|
|
(3)
Where the effect of an order is suspended under subsection (2)-
|
|
|
(a) no directions given
in connection with the order shall have effect, but
|
|
|
(b) the
court may give directions about how any animal to which the order applies
is to be dealt with during the suspension.
|
|
|
(4)
Directions under subsection (3)(b) may, in particular-
|
|
|
(a) appoint a person to
carry out, or arrange for the carrying out, of the directions;
|
|
|
(b) require any person
who has possession of the animal to deliver it up for the purposes of the
directions;
|
|
|
(c) confer additional
powers (including power to enter premises where the animal is being kept)
for the purpose of, or in connection with, the carrying out of the
directions;
|
|
|
(d) provide
for the recovery of any expenses which are reasonably incurred in carrying
out the directions.
|
|
|
|
|
|
(5)
Where a court decides on an application under section 20(3)(a) not to exercise the power conferred by subsection
(1) of that section, the applicant may appeal against the decision to the
Crown Court.
|
|
|
(6)
Where a court makes an order under section 20(5)(d),
the person against whom the order is made may appeal against the order to
the Crown Court.
|
|
|
Enforcement powers
|
22
|
Seizure of
animals involved in fighting offences
|
|
|
(1)
A constable may seize an animal if it appears to him that it is one in
relation to which an offence under section 8(1) or (2) has been committed.
|
|
|
(2)
A constable may enter and search premises for the purpose of exercising the
power under subsection (1) if he reasonably believes-
|
|
|
(a) that there is an
animal on the premises, and
|
|
|
(b) that
the animal is one in relation to which the power under subsection (1) is
exercisable.
|
|
|
(3)
Subsection (2) does not authorise entry to any
part of premises which is used as a private dwelling.
|
|
|
(4)
Subject to subsection (5), a justice of the peace may, on the application
of a constable, issue a warrant authorising a
constable to enter and search premises, if necessary using reasonable
force, for the purpose of exercising the power under subsection (1).
|
|
|
(5)
The power to issue a warrant under subsection (4) is exercisable only if
the justice of the peace is satisfied-
|
|
|
(a) that there are
reasonable grounds for believing that there is on the premises an animal in
relation to which an offence under section 8(1) or (2) has been committed,
and
|
|
|
(b) that
section 52 is satisfied in relation to the premises.
|
|
|
(6)
In this section, references to an animal in relation to which an offence
under section 8(1) or (2) has been committed include an animal which took
part in an animal fight in relation to which such an offence was committed.
|
23
|
Entry and
search under warrant in connection with offences
|
|
|
(1)
Subject to subsection (2), a justice of the peace may, on the application
of an inspector or constable, issue a warrant authorising
an inspector or a constable to enter premises, if necessary using
reasonable force, in order to search for evidence of the commission of a
relevant offence.
|
|
|
(2)
The power to issue a warrant under subsection (1) is exercisable only if
the justice of the peace is satisfied-
|
|
|
(a) that there are
reasonable grounds for believing-
|
|
|
(i)
that a relevant offence has been committed on the premises, or
|
|
|
(ii) that evidence of
the commission of a relevant offence is to be found on the premises, and
|
|
|
(b) that
section 52 is satisfied in relation to the premises.
|
|
|
(3)
In this section, "relevant offence" means an offence under any of
sections 4 to 9, 13(6) and 34(9).
|
24
|
Entry for
purposes of arrest
|
|
|
In section 17(1)(c) of
the Police and Criminal Evidence Act 1984 (c. 60) (power of constable to
enter and search premises for purpose of arresting a person for offence
under specified enactments), at end insert-
|
|
|
|
|
"(v) any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2)
of the Animal Welfare Act 2006 (offences relating to the prevention of
harm to animals);".
|
|
25
|
Inspection of
records required to be kept by holder of licence
|
|
|
(1)
An inspector may require the holder of a licence
to produce for inspection any records which he is required to keep by a
condition of the licence.
|
|
|
(2)
Where records which a person is so required to keep are stored in
electronic form, the power under subsection (1) includes power to require
the records to be made available for inspection-
|
|
|
(a) in a visible and
legible form, or
|
|
|
(b) in
a form from which they can readily be produced in a visible and legible
form.
|
|
|
(3)
An inspector may inspect and take copies of any records produced for
inspection in pursuance of a requirement under this section.
|
26
|
Inspection in
connection with licences
|
|
|
(1)
An inspector may carry out an inspection in order to check compliance with-
|
|
|
(a) the conditions
subject to which a licence is granted;
|
|
|
(b) provision
made by or under this Act which is relevant to the carrying on of an
activity to which a licence relates.
|
|
|
(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter-
|
|
|
(a) premises specified
in a licence as premises on which the carrying on
of an activity is authorised;
|
|
|
(b) premises
on which he reasonably believes an activity to which a licence
relates is being carried on.
|
|
|
(3)
Subsection (2) does not authorise entry to any
part of premises which is used as a private dwelling unless 24 hours'
notice of the intended entry is given to the occupier.
|
27
|
Inspection in
connection with registration
|
|
|
(1)
An inspector may carry out an inspection in order to check compliance with
provision made by or under this Act which is relevant to the carrying on of
an activity to which a registration for the purposes of section 13 relates.
|
|
|
(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter premises on which he reasonably believes a person
registered for the purposes of section 13 is carrying on an activity to
which the registration relates.
|
|
|
(3)
Subsection (2) does not authorise entry to any
part of premises which is used as a private dwelling unless 24 hours'
notice of the intended entry is given to the occupier.
|
28
|
Inspection of
farm premises
|
|
|
(1)
An inspector may carry out an inspection in order to-
|
|
|
(a) check compliance
with regulations under section 12 which relate to animals bred or kept for
farming purposes;
|
|
|
(b) ascertain
whether any offence under or by virtue of this Act has been or is being
committed in relation to such animals.
|
|
|
(2)
An inspector may enter premises which he reasonably believes to be premises
on which animals are bred or kept for farming purposes in order to carry
out an inspection under subsection (1).
|
|
|
(3)
Subsection (2) does not authorise entry to any
part of premises which is used as a private dwelling.
|
|
|
(4)
Subject to subsection (5), a justice of the peace may, on the application
of an inspector, issue a warrant authorising an
inspector to enter premises, if necessary using reasonable force, in order
to carry out an inspection under subsection (1).
|
|
|
(5)
The power to issue a warrant under subsection (4) is exercisable only if
the justice of the peace is satisfied-
|
|
|
(a) that it is
reasonable to carry out an inspection on the premises, and
|
|
|
(b) that
section 52 is satisfied in relation to the premises.
|
29
|
Inspection
relating to Community obligations
|
|
|
(1)
An inspector may carry out an inspection in order to check compliance with
regulations under section 12 which implement a Community obligation.
|
|
|
(2)
An inspector may enter any premises in order to carry out an inspection
under subsection (1).
|
|
|
(3)
Subsection (2) does not authorise entry to any
part of premises which is used as a private dwelling.
|
|
|
Prosecutions
|
30
|
Power of
local authority to prosecute offences
|
|
|
A local authority in England or Wales may prosecute proceedings
for any offence under this Act.
|
31
|
Time limits
for prosecutions
|
|
|
(1)
Notwithstanding anything in section 127(1) of the Magistrates' Courts Act
1980 (c. 43), a magistrates' court may try an information relating to an
offence under this Act if the information is laid-
|
|
|
(a) before the end of
the period of three years beginning with the date of the commission of the
offence, and
|
|
|
(b) before
the end of the period of six months beginning with the date on which
evidence which the prosecutor thinks is sufficient to justify the
proceedings comes to his knowledge.
|
|
|
(2)
For the purposes of subsection (1)(b)-
|
|
|
(a) a certificate signed
by or on behalf of the prosecutor and stating the date on which such
evidence came to his knowledge shall be conclusive evidence of that fact,
and
|
|
|
(b) a
certificate stating that matter and purporting to be so signed shall be
treated as so signed unless the contrary is proved.
|
|
|
Post-conviction powers
|
32
|
Imprisonment
or fine
|
|
|
(1)
A person guilty of an offence under any of sections 4, 5, 6(1) and (2), 7
and 8 shall be liable on summary conviction to-
|
|
|
(a) imprisonment for a
term not exceeding 51 weeks, or
|
|
|
(b) a fine not exceeding
£20,000,
|
|
|
or to both.
|
|
|
(2)
A person guilty of an offence under section 9, 13(6) or 34(9) shall be
liable on summary conviction to-
|
|
|
(a) imprisonment for a
term not exceeding 51 weeks, or
|
|
|
(b) a fine not exceeding
level 5 on the standard scale,
|
|
|
or to both.
|
|
|
(3)
A person guilty of an offence under regulations under section 12 or 13
shall be liable on summary conviction to such penalty by way of
imprisonment or fine as may be provided by regulations under that section.
|
|
|
(4)
A person guilty of any other offence under this Act shall be liable on
summary conviction to-
|
|
|
(a) imprisonment for a
term not exceeding 51 weeks, or
|
|
|
(b) a fine not exceeding
level 4 on the standard scale,
|
|
|
or to both.
|
|
|
(5)
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44), the reference in each of
subsections (1)(a), (2)(a) and (4)(a) to 51 weeks is to be read as a
reference to 6 months.
|
33
|
Deprivation
|
|
|
(1)
If the person convicted of an offence under any of sections 4, 5, 6(1) and
(2), 7, 8 and 9 is the owner of an animal in relation to which the offence
was committed, the court by or before which he is convicted may, instead of
or in addition to dealing with him in any other way, make an order
depriving him of ownership of the animal and for its disposal.
|
|
|
(2)
Where the owner of an animal is convicted of an offence under section 34(9)
because ownership of the animal is in breach of a disqualification under
section 34(2), the court by or before which he is convicted may, instead of
or in addition to dealing with him in any other way, make an order
depriving him of ownership of the animal and for its disposal.
|
|
|
(3)
Where the animal in respect of which an order under subsection (1) or (2)
is made has any dependent offspring, the order may include provision
depriving the person to whom it relates of ownership of the offspring and for
its disposal.
|
|
|
(4)
Where a court makes an order under subsection (1) or (2), it may-
|
|
|
(a) appoint a person to
carry out, or arrange for the carrying out of, the order;
|
|
|
(b) require any person
who has possession of an animal to which the order applies to deliver it up
to enable the order to be carried out;
|
|
|
(c) give directions with
respect to the carrying out of the order;
|
|
|
(d) confer additional
powers (including power to enter premises where an animal to which the
order applies is being kept) for the purpose of, or in connection with, the
carrying out of the order;
|
|
|
(e) order
the offender to reimburse the expenses of carrying out the order.
|
|
|
(5)
Directions under subsection (4)(c) may-
|
|
|
(a) specify the manner
in which an animal is to be disposed of, or
|
|
|
(b) delegate
the decision about the manner in which an animal is to be disposed of to a
person appointed under subsection (4)(a).
|
|
|
(6)
Where a court decides not to make an order under subsection (1) or (2) in
relation to an offender, it shall-
|
|
|
(a) give its reasons for
the decision in open court, and
|
|
|
(b) if
it is a magistrates' court, cause them to be entered in the register of its
proceedings.
|
|
|
(7)
Subsection (6) does not apply where the court makes an order under section
34(1) in relation to the offender.
|
|
|
(8)
In subsection (1), the reference to an animal in relation to which an
offence was committed includes, in the case of an offence under section 8,
an animal which took part in an animal fight in relation to which the
offence was committed.
|
|
|
(9)
In this section, references to disposing of an animal include destroying
it.
|
34
|
Disqualification
|
|
|
(1)
If a person is convicted of an offence to which this section applies, the court
by or before which he is convicted may, instead of or in addition to
dealing with him in any other way, make an order disqualifying him under
any one or more of subsections (2) to (4) for such period as it thinks fit.
|
|
|
(2)
Disqualification under this subsection disqualifies a person-
|
|
|
(a) from owning animals,
|
|
|
(b) from keeping
animals,
|
|
|
(c) from participating
in the keeping of animals, and
|
|
|
(d) from being party to
an arrangement under which he is entitled to control or influence the way
in which animals are kept.
|
|
|
(3)
Disqualification under this subsection disqualifies a person from dealing
in animals.
|
|
|
(4)
Disqualification under this subsection disqualifies a person-
|
|
|
(a) from transporting
animals, and
|
|
|
(b) from
arranging for the transport of animals.
|
|
|
(5)
Disqualification under subsection (2), (3) or (4) may be imposed in
relation to animals generally, or in relation to animals of one or more
kinds.
|
|
|
(6)
The court by which an order under subsection (1) is made may specify a
period during which the offender may not make an application under section
43(1) for termination of the order.
|
|
|
(7)
The court by which an order under subsection (1) is made may-
|
|
|
(a) suspend the
operation of the order pending an appeal, or
|
|
|
(b) where it appears to
the court that the offender owns or keeps an animal to which the order
applies, suspend the operation of the order, and of any order made under
section 35 in connection with the disqualification, for such period as it
thinks necessary for enabling alternative arrangements to be made in
respect of the animal.
|
|
|
(8)
Where a court decides not to make an order under subsection (1) in relation
to an offender, it shall-
|
|
|
(a) give its reasons for
the decision in open court, and
|
|
|
(b) if
it is a magistrates' court, cause them to be entered in the register of its
proceedings.
|
|
|
(9)
A person who breaches a disqualification imposed by an order under
subsection (1) commits an offence.
|
|
|
(10)
This section applies to an offence under any of sections 4, 5, 6(1) and
(2), 7, 8, 9 and 13(6) and subsection (9).
|
35
|
Seizure of
animals in connection with disqualification
|
|
|
(1)
Where-
|
|
|
(a) a court makes an
order under section 34(1), and
|
|
|
(b) it appears to the
court that the person to whom the order applies owns or keeps any animal
contrary to the disqualification imposed by the order,
|
|
|
it may order that all animals he owns or
keeps contrary to the disqualification be taken into possession.
|
