The Act is divided into several topics. Section 1 defines an "animal" as a vertebrate from the sub-phylum vertebrata of the phylumchordata. A "protected" animal is defined in s2 as one that is either commonly domesticated or one that is, at the time being, under the control of a person. The act also defines the five "welfare needs"
need for a suitable environment
need for a suitable diet
need to be able to exhibit normal behaviour patterns
need to be housed with, or apart, from other animals
need to be protected from pain, suffering, injury and disease.
Prevention of Harm
Offences include:
causing a protected animal to suffer unnecessarily knowing it would suffer – s4
unreasonably allowing an animal in that person's care to suffer from somebody else – s4
mutilating an animal – s5
docking a dog's tail where prohibited – s6, s6, s6
shows a dog with an illegally docked tail at a dog show with fee-paying patrons – s6
* receives money from admission to or publicises an animal fight
* provides information about an animal fight to another to enable or encourage attendance
* makes a bet as to the outcome of an animal fight
* takes part in an animal fight
* trains an animal to take part in a fight
* keeps any animal fighting premises
* attends an animal fight
* possesses a recording of an animal fight that took place in the UK with intent to supply
* shows another person a recording of an animal fight that took place in the UK
Promotion of Welfare
A person has a duty of care towards animals that person is responsible for – s9. Needs include suitable environment, diet, being housed with or apart from other animals, protection from pain, suffering, injury and disease. Animals cannot be sold to children under 16 years outside a family context – s11, s11. Animals cannot be given as prizes to children under 16 years – s11.
Licensing and Registration
An appropriate national authority can make regulations regarding the licence and registration of animals.
Codes of Practice
An appropriate national authority may issue and revise codes of practice for providing practical guidance in respect to any provision in this Act – s14. Failing to comply with a code of practice's provision will not, of itself, render that person liable to proceedings of any kind. However such failure to comply may sway proceedings under other provisions in the Act – s14, s14. Where the Secretary of State proposes to issue or revise a code of practice he must submit it to Parliament and if the draft is rejected by one House within 40 days the Secretary of State must take no further action – s15. If both Houses reject the draft then the Secretary of State may amend the draft and re-submit – s15.
Animals in Distress
An inspector may take steps felt to be immediately necessary to alleviate an animal that is suffering – s18 but this does not include destroying the animal – s18. An inspector or constable may destroy a protected animal if:
there is no reasonable alternative to destroying it and it is not reasonably practical to wait for a veterinary surgeon – s18
An inspector or constable may take into possession a protected animal if:
a veterinary surgeon certifies it is suffering or likely to suffer – s18
the animal appears to be suffering and the need for action is such it is not practical to wait for a veterinary surgeon – 18
If an animal is destroyed or taken into possession and the owner doesn't know – then steps should be reasonably taken to notify the owner – s18. Deliberately obstructing somebody in performance of this section of the Act is an offence – s18. An inspector or constable may enter premises for the purpose of searching for a protected animal and reasonably believes that a protected animal is on the premises and the animal is suffering or likely to suffer – s19, s19. This entry may take place without a warrant using force if the entry appears required before a warrant could be obtained – s19. A court has the following powers to make orders in relation to possessed animals – s20:
specified treatment be administered to the animal
possession should be given to a specified person
the animal should be sold
the destruction of the animal
The court will not make such orders until it has given the owner of the animal an opportunity to be heard or is satisfied that it is not practical to communicate with the owner – s20. If the court requires a person to reimburse the expenses of carrying out an order that person may appeal to the Crown Court against that expense order – s21.
Enforcement Powers
A constable may seize an animal in relation to an animal fighting offence – s22. A constable may enter and search premises for the seizure of an animal related to a fighting offence if he reasonably believes there is an animal on the premises – s22. Suspicion of other offences in this Act may lead to a warrant being issued authorising an inspector or constable to search for evidence of such an offence – s23. An inspector may require the holder of a licence to produce any records which are required to be kept – s25. An inspector may carry out an inspection to check compliance with licence conditions – s26. An inspector may carry out an inspection to check compliance with a registration – s27. An inspector may, for the purpose of inspecting conditions relating to animal welfare, carry out inspections relating to animals bred or kept for farming purposes – s28.
Prosecutions
If a person is convicted of an offence the court may make an order disqualifying that person from – s34, s34:
The disqualification may relate to specific kinds of animal or animals generally – s34.
Post-Conviction Powers
A person guilty of an offence under sections 4, 5, 6, 7, 8 shall be liable on summary conviction to imprisonment up to 51 weeks or a fine up to £20,000 or both – section 32.
Section 68 – Commencement
The following orders have been made under this section:
