Information, Education & Advice - Helping Dogs In Need
Information, Education & Advice - Helping Dogs In Need
Canine Law - Information Guide for dog owners.
Animal Welfare Act 2006:
This legislation came into force on the 27th March 2007 in Wales and the 6th April 2007 in England.
The Animal Health and Welfare (Scotland) Act 2006 came into force in October 2006 and applies to the whole of Scotland.
The legislation does not apply to Northern Ireland – they are consulting on their own version, the legislation relating to Northern Ireland is the Welfare of Animals Act (NI) 1972.
Law enforcement agencies now have the power to take action to prevent animal suffering before it happens.
An offence is committed if dog owners don’t take such steps, as are reasonable in all the circumstances, to ensure that the needs of an animal, for which you are responsible, are met.
The owner, or person looking after a dog, must make sure that their dog has the following;
Section 10 enables an inspector appointed under the Act (not RSPCA) to issue a statutory improvement notice to a dog owner if they do not meet the needs of their animal as defined-someone who has failed the duty of care, the improvement notice will detail what needs to be done within a specified time frame; this would be as an alternative to prosecution.
The RSPCA issue non-statutory improvement notices also.
There is no power of entry for offences under section 9 for the purpose of arrest.
Section 4 - Suffering:
This legislation replaces the Protection of Animals Act 1911. Unnecessary suffering is defined in Section 4(3) of the new Act, it includes when suffering could have reasonably been avoided or reduced. Two offences are created under Section 4;
So you can commit an offence if you cause unnecessary suffering by an act (or failure to act) or if you permit someone else to.
Section 23 enables a warrant to be issued to search for evidence in relation to offences under section 4.
Section 24 gives power to police constables to enter premises for arrest in relation to section 4. Section 19 gives power of entry for the purpose of dealing with an animal in distress.
Anyone who is cruel to an animal, or does not provide for its welfare needs, may be banned from owning animals, fined up to £20,000 and/or sent to prison.
The RSPCA usually bring prosecutions under this section. There is a maximum sentence of six months in prison and/or a fine up to £5,000. A convicted person can also be disqualified from owning or keeping the animal in question or another animal.
In addition:
The new law also increases to 16 the minimum age at which a person can buy an animal on their own. A person under 16yrs can still purchase an animal if accompanied by an adult.
Section 8 deals with several offences associated with animal fights & associated activities.
Tail Docking:
The docking of dogs’ tails has been banned in England since the 6th April 2007.
The AWA places a general ban on tail docking; there is an exemption for working dogs (which are defined in the Act) who can have their tail docked by a veterinary surgeon in which case the vet must issue a certificate. Under this exemption the working dog has to be no more than 5 days old.
There is also an exemption where docking is carried out for medical reasons.
There is now a ban on the showing of dogs docked after this date at events where members of the public have paid an entrance fee. This ban does not apply where a dog is shown only for the purpose of demonstrating its working ability.
To access the Animal Welfare Act 2006 and The Docking of Working Dogs’ Tails (England) Regulations 2007 please visit the Office of Public Sector Information.
Working dog definitions have been made separately in England and Wales and differ in detail:
Further information on the Welsh regulations may be found on the Welsh Assembly Government’s website.
In Scotland there is a total ban on all non-thereautic tail docking under the The Animal Health and Welfare Act 2006 Further information on animal welfare legislation can be found on the Scottish Government’s website.
Penalties:
If you are found guilty of an offence (criminal) under this law, you can receive a fine, be sent to prison, be disqualified from keeping animals and/or have your animal(s) removed from you.
The AWA has increased the penalties for serious offences. Up to 51 weeks in prison and/or a fine up to £20,000 is now possible.
Enforcement:
Defra, LACORS (local authorities co-ordinators of regulatory services), Animal Health, the Police and RSPCA are putting together a 'statement of intent' this will explain the usual procedures for enforcement of the AWA.
The police and inspectors are given powers to enter, inspect search and seize. Inspectors are those appointed by the local authority, the Secretary of State (England) or the National Assembly (Wales) with responsibility for animal welfare. Can also be an Animal Health Officer.
The RSPCA doesn't have power of entry or the power to seize documents, they can bring a prosecution for an offence and investigate many offences relating to cruelty and welfare of domestic animals - eg, dogs.
Secondary Legislation:
The Act has been designed to allow for secondary legislation and codes of practice to be brought in at later dates, following consultation. This can be made separately for England and Wales.
See also 'Animal Welfare Bill becomes law & Welfare of Dogs (PDF 1.3 MB) - Codes of Practice for dog owners to help meet the requirements of the Animal Welfare Act 2006, Published by Defra Dec. '09
Legislation:
Animal Health & Welfare (Scotland) Act 2006
See also the Government Explanatory Notes for the Act.
The information contained here does not constitute legal advice in and of itself. You must contact a Solicitor for advice before acting upon anything that you read on this web site.
For help with finding a solicitor who has experience with canine legislation - please contact us.
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