Part 1 - all animals in UK

Animal welfare act 06

All domestic animals
Prevents unnecessary suffering
Duty of care of owners

Welfare of animals transport order 06

All domestics (except with owners on a private journey)

Farm animals

Welfare of farmed animals regulation 07
- Prevents unnecessary suffering
- General and specific requirements for ensuring welfare of animals
Mutilations (permitted procedures) 07
- Castration and dehorning of farmed species
Welfare of animals at time of killing (Public Health Lecture)
Welfare of animals markets order 90

Laboratory animals

Animal scientific procedures (Laboratory animal welfare)

Companion animal welfare

Dangerous dogs act 91 (Companion animal welfare lecture)
Pet animals act 51
Animal boarding establishment act
The breeding of dogs act 73, 91
The breeding and sale of dogs welfare act 99

Wildlife legislation (wild life lecture)

Wildlife and countryside act 81

Dangerous wild animals

Dangerous wild animals act 76

Circuses zoos

Performing animals act 25
Zoo licensing act 81 Regulations 02

Riding stables

Riding establishment act 64, 70

Vets role

Knowledge of UK legislation
Advice to client day 1 comp
Professional witness
Expert witness
Enforcement authority
- Meat hygiene service
- Animal health veterinary laboratories agency
Policy development

Why do we need legislation?

Prevention of deliberate unjustifiable acts of cruelty (Unnecessary suffering)
Ensure reasonable quality of life (determining welfare standards animals must be kept)

History

Changes over time as public opinion changes
Early views - no care for animal welfare (though some religions did)
Early laws to prevent wanton cruelty
- Protection of animals act 1911
After WW2 intensive farming methods developed so did a growing concern on our use of animals
- Animals housed indoors
- Movement of animals restricted
Animal rights notion began in 1970s
Science tells us animals have sentience and should be reflected in our laws
- Recognised by an EU treaty
Consequences
- Bramble report 65 highlighted
  - Scientific recommendations to safeguard welfare
  - Need for welfare research
  - Need for further legislation
- The agriculture (miscellaneous provisions) Act 68
- Codes of recommendation for livestock welfare

Welfare codes

Contains legislation
- set out legal standards for specific species
- failure to comply subject to prosecution
Best practise advice
- not law
- guidance on maintaining high standards of husbandry
- failure to comply with standards can be used to back up prosecution
Farmers and workers should be familiar to them and have access to them
Currently require updating (not 100% effective)

Farm Animal Welfare Committee (FAWC)

Formed in 1979- any previous names
Independent government advisory body
Reviews welfare throughout animals life

on agriculture land
at market
in transit
at place of slaughter

Publish advice independently (government can use or ignore)
CAME UP WITH 5 FREEDOMS

5 freedoms

Freedom from hunger and thirst
Freedom from discomfort
Freedom from pain and injury and disease
Freedom form fear
Freedom to express normal behaviour

EU

Level playing field when trading
These legislations must be transposed onto UK law
Welfare of farmed animals regulations 07
Welfare of animals at market 90
Welfare of animals at time of killing 13

Animal welfare act 06

UK law so not affected by Brexit
Until 06 all domestics had was 1911 protection of animals act. For an offence to be dealt animal had to be suffering
Introduces a duty of care to all owners/keepers of vertebrate animals to ensure welfare of animals in their care
Devolved -- England and Wales, Scotland, Northern Ireland have slightly different acts

Protected animals

Domesticated in British isles
Under control of man
Not living in wild state
Vertebrates
Exclusions
- Animals Scientific Procedures Act
- Shooting
- Fishing

Responsibility for animals

Owners responsible
Those in charge of animal permanently or temporarily share responsibility with owner
Parents or guardians of under 16s

Prevention of harm

Offences (unnecessary suffering)
- Act/Failure to act causing unnecessary suffering
- Reasonable knowledge that act/failure to act would cause suffering
- Didnt prevent actions of others resulting in suffering
Administration of poisons
Fighting

Unnecessary suffering?

Was conduct causing suffering for a legitimate purpose?
- Benefitting animal?
- Protecting a person?
- Protecting property?
- Protecting another animal?
Was suffering proportionate to purpose of conduct?
Could suffering have been avoided or reduced?
Is conduct reasonably competent and humane?

Prevention of harm

Mutilations
- Procedure which involves interference with sensitive tissues or bone structure of the animal other than for medical treatment
- Banned with few exemptions (Mutilation permitted procedures act 07)
  - Spaying
  - Castration
  - Dehorning
- E.g. Tail docking in dogs
  - Not allowed for cosmetic reason
  - Allowed as medical treatment
  - Allowed for certified working dogs

Promotion of welfare

Duty to ensure welfare
Offence for person responsible to not take reasonable steps to ensure needs of animal are met in accordance to good practise
- Suitable environment
- Diet
- Ability to exhibit normal behaviour
- Housing with or away from other animals
- Protection form suffering, injury and disease
Care/improvement notices
Put into place because there was too much time before any legal action could be taken whilst animals suffer
- Owner is failing to secure welfare of animal then inspector may serve care notice
- Notice specifies nature of failure steps required for rectification and compliance period
- No offence if recommended steps taken
Provision for securing welfare with further regulation
Provision for licensing or registration of activates involving animals
Prohibition of sale of animals to those under 16
Cant give animals as prizes

Enforcement powers

Common informers act states anyone can bring prosecution
Formal powers
- Animal health plant agency,
- Local authority officers (riding standards)
- Police (if severe)
RSPCA or other welfare charities have no formal powers
- Need owners consent to search premiseses or seize animal
- If not given consent then need to be accompanied by one of the above
Taking possession of animas
- If suffering/likely to suffer can be done with or without veterinary certificate (in reasonable circumstance)
- Include dependent offspring
- Care for where found or another appropriate place
- Powers of entry for search
Destruction of animals
- By inspector/constable
- With veterinary certification or without (in reasonable circumstance)
Seizure of animals involved in fighting
Entry and search under warrant/for arrest
Inspection in connection with licences/registration
- Compliance
- Records
Inspection of farm premises
Prosecution
post conviction powers
- Imprisonment or fine
  - Term up to 5 years
  - Max £20,000
- Deprivation orders
  - Animals removed
- Disqualification orders
  - Owning/keeping animals
- Seizure orders where disqualification is breached
- Termination/variation of disqualification
  - Court decides
  - Appeals also allowed

	Created by Alice Butterworth almost 9 years ago

Vet Med 1 (Welfare) Note on Welfare legislation, created by Alice Butterworth on 13/11/2017.

Welfare legislation