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The Animal Welfare Act 2006
Main Provisions
The Animal Welfare Act 2006 came into force on 6th April
2007.
In brief, any person responsible for an animal will have a legal
duty to ensure that its needs are met as required by 'good
practice'. Good practice guidelines are to be published by DEFRA
and will be similar to those of The Welfare of Farmed Animals
(England) Regulations 2000. These include:
- the need for a suitable environment
- the need for a suitable diet
- the need to exhibit normal behaviour patterns
- any need to be housed with or apart from other animals,
and
- the need to be protected from pain, suffering, injury and
disease.
Offences
Under The Protection of Animals Act 1911 it is an offence to
cause unnecessary physical or mental suffering to an animal and
currently, enforcement action can only be taken to protect an
animal after it has suffered. The new Act will enable enforcement
action to be taken where an animal is likely to undergo suffering
in the future.
Other offences under the new Act will include:
- the 'mutilation of animals', such as the docking of tails
(other than for good medical reasons or an animal undergoing
veterinary treatments).
- the selling or giving of a pet as a prize to anyone under 16
years of age
Iit will also strengthen and amend current offences related to
animal fighting.
Enforcement
Local Authority Inspectors and Police Constables will have
enforcement powers and inspectors can serve an improvement notice
on the person responsible for an animal if a welfare offence has
been committed. To avoid prosecution, the terms of the notice must
be complied with.
Prosecutions
The Local Authority, Police or a member of the public (including
the RSPCA) can undertake a prosecution which can be started up to 3
years after the offence (as long as it is within 6 months of the
evidence becoming available).
Penalties
Penalties will vary, but the most serious offences could incur a
fine of up to £20,000 and/or 51 weeks imprisonment. Powers will be
available to impose disqualification orders banning a person from
owning or looking after animals and either dealing or transporting
animals.
Additional Information
A change is likely to the Licensing or Registration of
activities involving animals, such as, riding schools, pet shops
and animal boarding establishments, which may involve risk-based
inspections. Licensing of livery yards, racing greyhounds and
animal sanctuaries is also being considered.
Telephone: (023) 9244 6682
Email: Environmental Health
Environment Team
Visit: Civic Offices, Civic Centre Road,
Havant PO9 2AX