Animal Welfare Act 2006

The Animal Welfare Act 2006 came into force in 2007. It was introduced by |DEFRA to update legislation relating to the protection and welfare of animals as it was accepted that the Protection of Animals Act 1911 was outdated and needed enhancing according to modern day good practice and advances in veterinary science.

In brief, any person responsible for an animal has a legal duty to ensure that its needs are met as required by 'good practice'. Good practice guidelines are to be published by DEFRA and will be similar to those of The Welfare of Farmed Animals (England) Regulations 2000. These include:

• the need for a suitable environment
• the need for a suitable diet
• the need to exhibit normal behaviour patterns
• any need to be housed with or apart from other animals, and
• the need to be protected from pain, suffering, injury and disease.

Offences

Under The Protection of Animals Act 1911 it is an offence to cause unnecessary physical or mental suffering to an animal and currently, enforcement action can only be taken to protect an animal after it has suffered. The Animal Welfare Act 2006 enables enforcement action to be taken where an animal is likely to undergo suffering in the future.

Other offences under the Animal Welfare Act 2006 include:

• the 'mutilation of animals', such as the docking of tails (other than for good medical reasons or an animal undergoing veterinary treatments).
• the selling or giving of a pet as a prize to anyone under 16 years of age
• the law relating to animal fights.

Enforcement

Local Authority Inspectors and the Police have enforcement powers and inspectors can serve an improvement notice on any person responsible for an animal if a welfare offence has been committed. To avoid prosecution, the terms of the notice must be complied with.

Prosecutions

The Local Authority, Police or a member of the public (including the |RSPCA) can undertake a prosecution, which can be started up to 3 years after the offence (as long as it is within 6 months of the evidence becoming available).

Penalties

Penalties vary, but the most serious offences could incur a fine of up to £20,000 and/or 51 weeks imprisonment. Powers are available to impose disqualification orders banning a person from owning or looking after animals and either dealing or transporting animals.

Additional Information

Future changes are possible to the licensing or registration of activities involving animals (e.g. riding schools, pet shops and animal boarding establishments), which may involve risk-based inspections. The licensing of livery yards, racing greyhounds and animal sanctuaries also may be considered.

For further information contact |Environmental Health & Licensing