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Preface Introduction Part 1 Executive Summary Part 2 Section 1: Environment Its need for a suitable environment Section 2: Diet Its need for a suitable diet Section 3: Behaviour Its need to be able to exhibit normal behaviour patterns Section 4: Company Any need it has to be housed with, or apart from, other animals Section 5: Health & Welfare Its need to be protected from pain, suffering, injury and disease Annexes Annex 1 - The Law Annex 2 - Sources of Information |
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Section
3 of the Animal Welfare Act 2006 provides:
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. |
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Section
4 of the Animal Welfare Act 2006 provides:
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 other 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. |
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Section
9 of the Animal Welfare Act 2006 provides:
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 purpose 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. |
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Section
14 of the Animal Welfare Act 2006 provides:
Codes of Practice(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) 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. |
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Offences
and Penalties
A person who is convicted of an offence under section 4 of the Act may
be imprisoned for a maximum period of 6 months* and/or fined up to
£20,000. If they are convicted of an offence under section 9
(failing to ensure the animal’s welfare) they can be imprisoned for the
same maximum period and fined up to level 5 on the standard scale.Proceedings may be brought up to 3 years after the offence was committed. Prosecutions under the Act are brought by the local authority in the Magistrates Court. Private prosecutions can be brought by any party, such as the RSPCA. * The maximum period of imprisonment will be 51 weeks when section 281 (5) of the Criminal Justice Act 2003 comes into force. |
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DEFRA
Department for Environment, Food and Rural AffairsNobel House 17 Smith Square London SW1P 3JR Telephone 020 7238 6000 Website: www.defra.gov.uk |
| © Crown copyright 2007 Copyright in the typographical arrangement and design rests with the Crown. This publication (excluding the royal arms and departmental logos) may be re-used free of charge in any format or medium provided that it is re-used accurately and not used in a misleading context. The material must be acknowledged as crown copyright and the title of the publication specified. Information about this publication and further copies are available from: Defra Animal Welfare Act Implementation Team Area 8B, No 9 Millbank 17 Smith Square London SW1P 3JR Tel: 0207 238 5991 Email: Animal Welfare Consultations (FFG) This document is available on the Defra website: http://www.defra.gov.uk/corporate/consult/welfare-dogs-cop/index.htm Published by the Department for Environment, Food and Rural Affairs |