Animal Welfare Act

[8 November 2006] - The Animal Welfare Act updates and brings together more than 20 pieces of animal welfare legislation relating to farmed and companion animals, dating back nearly a century. The Act received Royal Assent on 8 November and comes into force in England on 6 April 2007.

The Animal Welfare Act 2006:

·         introduces a ‘duty of care’ on people to ensure the welfare needs of any animal for which they are responsible;

·         creates a new offence of failing to provide for the needs of an animal in your care;

·         allows action to protect animals to be taken much earlier - rather than having to wait for an animal to show signs of suffering, enforcers will be able to intervene before suffering begins;

·         places more emphasis on owners and keepers who will need to understand their responsibilities and take all reasonable steps to provide for the needs of their animals.

The extra powers will mean that action can be taken before an animal starts to suffer and, finally, puts companion animals (pets) on the same legislative footing as farmed animals.  Hopefully, the introduction of a legal responsibility to meet the five basic welfare needs of pets will help improve the way people care for them: a proper diet, including fresh water; somewhere suitable to live; any need to be housed with or apart from, other animals; allowing animals to express normal behaviour; and protection from and treatment of illness and injury.

The Bill increases the penalties available for cruelty and animal fighting offences. The maximum penalty for such an offence is imprisonment for up to 51 weeks, or a fine of up to £20,000, or both. Currently those convicted of the most serious offences under the 1911 Act can only be sent to prison for up to six months, or fined up to £5,000, or both.

The Animal Welfare Act 2006 also increases from 12 to 16 the minimum age at which a child may buy an animal; prohibits the giving of pets as prizes to unaccompanied children under the age of 16; bans mutilations of animals, with certain specified exemptions, for example, castrating and spaying cats and dogs and ear-tagging cattle.

It’s disappointing that the new Act does not include an outright ban of tail docking but we are delighted that it outlaws the cosmetic tail- docking of dogs. From 6 April 2007, tail- docking will only be carried out if it’s deemed by a vet to be the only option following injury or disease or if the dog is a certified working dog less than five days old. 

The Bill also provides for the making of further regulations and to issue codes of practice on particular welfare issues in the future. Regulations such as those governing circus animals, racing greyhounds, the sale of animals at pet shops and at pet fairs, and game bird rearing will be dealt with as secondary legislation over the coming years.

To view a full copy of the new Animal Welfare Act 2006 click here.

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