| Act of Parliament | |
 | |
| Long title | An Act to make provision about animal welfare; and for connected purposes. |
|---|---|
| Citation | 2006 c. 45 |
| Dates | |
| Royal assent | 8 November 2006 |
| Other legislation | |
| Repeals/revokes |
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Animal Welfare Act 2006 (c. 45) is an Act of the Parliament of the United Kingdom. [2]
It is the first signing of pet law since the Protection of Animals Act 1911, which it largely replaced. [3] It also superseded and consolidated more than 20 other pieces of legislation, such as the Protection of Animals Act 1934 and the Abandonment of Animals Act 1960. The Act introduced the new welfare offence. This means that animal owners have a positive duty
of care, and outlaws neglecting to provide for their animals' basic needs, such as access to adequate nutrition and veterinary care. [4]
It outlaws tail docking of dogs for cosmetic reasons, with an exemption for "working" dogs, such as those used by the police, the armed forces or as service dogs.
The Act also has an offense to remove the scent glands of skunks kept as pets.
The corresponding Act for Scotland is the Animal Health and Welfare (Scotland) Act 2006.
The Act is divided into several topics.
Section 1 defines an "animal" as a vertebrate (other than a human) from the sub-phylum vertebrata of the phylum chordata. 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" [5]
Offences include:
A person has a duty of care towards animals that person is responsible for – s9(1). 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(1), s11(6). Animals cannot be given as prizes to children under 16 years – s11(3)(b).
An appropriate national authority can make regulations regarding the licence and registration of animals.
An appropriate national authority may issue and revise codes of practice for providing practical guidance in respect to any provision in this Act – s14(1).
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(3), s14(4).
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(3). If both Houses reject the draft then the Secretary of State may amend the draft and re-submit – s15(4).
An inspector may take steps felt to be immediately necessary to alleviate an animal that is suffering – s18(1) but this does not include destroying the animal – s18(2).
An inspector or constable may destroy a protected animal if:
An inspector or constable may take into possession a protected animal if:
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(11).
Deliberately obstructing somebody in performance of this section of the Act is an offence – s18(12).
An inspector or constable may enter premises (other than areas of private dwelling) 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(1), s19(2). This entry may take place without a warrant using force if the entry appears required before a warrant could be obtained – s19(3).
A court has the following powers to make orders in relation to possessed animals – s20(1):
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(4).
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(6).
A constable may seize an animal in relation to an animal fighting offence – s22(1).
A constable may enter and search premises (except for private dwelling areas) for the seizure of an animal related to a fighting offence if he reasonably believes there is an animal on the premises – s22(2).
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(1).
An inspector may require the holder of a licence to produce any records which are required to be kept – s25(1). An inspector may carry out an inspection to check compliance with licence conditions – s26(1). An inspector may carry out an inspection to check compliance with a registration – s27(1).
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(1).
If a person is convicted of an offence the court may make an order disqualifying that person from – s34(1), s34(2):
The disqualification may relate to specific kinds of animal or animals generally – s34(5).
A person guilty of an offence under sections 4 (unnecessary suffering), 5 (mutilation), 6(1–2) (docking dogs' tails), 7 (poisoning), 8 (fighting) shall be liable on summary conviction to imprisonment up to a year, or up to 5 years if convicted on indictment, [6] or a fine up to £20,000 or both – section 32(1).
The following orders have been made under this section:
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