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United Kingdom

UK Animal Welfare Act 2006: An Act to make provision about animal welfare; and for connected purposes

Statute Details
Printable Version
Citation: UK ST 2006 c 45

Citation: 2006 Ch 45


Last Checked by Web Center Staff: 11/2009

Summary:  

An Act establishing penalties for engaging in certain activities that are considered detrimental to animal welfare.  Activities that constitute offenses include: causing an animal unnecessary suffering, mutilating an animalís body, docking a dogís tail (with certain limited exceptions), administering a poisonous or injurious substance to an animal, and engaging in or attending animal fighting.  The Act also specifies that a person responsible for an animal must ensure that animalís welfare, including making sure that it has a suitable physical environment, that its nutritional needs are met, and that it be protected from pain, suffering, injury, and disease.  The Act prohibits the sale of an animal to a person under the age of sixteen; gives inspectors and constables the authority to take steps to alleviate the suffering of an animal in distress; allows for the inspection of certain premises and the prosecution of various offenses; and sets forth the conditions under which an animal may be destroyed.  The Act sets forth penalties for the delineated offenses, including imprisonment and the payment of fines and costs.  Nothing in the Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 or to anything which occurs in the normal course of fishing. 



Statute in Full:

§1 Animals to which the Act applies

§ 2 "Protected animal"

§ 3 Responsibility for animals

§ 4 Unnecessary suffering

§ 5 Mutilation

§ 6 Docking of dogs' tails

§ 7 Administration of poisons etc.

§ 8 Fighting etc.

§ 9 Duty of person responsible for animal to ensure welfare

§ 10 Improvement notices

§ 11 Transfer of animals by way of sale or prize to persons under 16

§ 12 Regulations to promote welfare

§ 13 Licensing or registration of activities involving animals

§ 14 Codes of practice

§ 15 Making and approval of codes of practice: England

§ 16 Making of codes of practice: Wales

§ 17 Revocation of codes of practice

§ 18 Powers in relation to animals in distress

§ 19 Power of entry for section 18 purposes

§ 20 Orders in relation to animals taken under section 18(5)

§ 21 Orders under section 20: appeals

§ 22 Seizure of animals involved in fighting offences

§ 23 Entry and search under warrant in connection with offences

§ 24 Entry for purposes of arrest

§ 25 Inspection of records required to be kept by holder of licence

§ 26 Inspection in connection with licences

§ 27 Inspection in connection with registration

§ 28 Inspection of farm premises

§ 29 Inspection relating to Community obligations

§ 30 Power of local authority to prosecute offences

§ 31 Time limits for prosecutions

§ 32 Imprisonment or fine

§ 33 Deprivation

§ 34 Disqualification

§ 35 Seizure of animals in connection with disqualification

§ 36 Section 35: supplementary

§ 37 Destruction in the interests of the animal

§ 38 Destruction of animals involved in fighting offences

§ 39 Reimbursement of expenses relating to animals involved in fighting offences

§ 40 Forfeiture of equipment used in offences

§ 41 Orders under section 33, 35, 37, 38 or 40: pending appeals

§ 42 Orders with respect to licences

§ 43 Termination of disqualification under section 34 or 42

§ 44 Orders made on conviction for reimbursement of expenses

§ 45 Orders for reimbursement of expenses: right of appeal for non-offenders

§ 46 Effect in Scotland of disqualification under section 34

§ 47 Deprivation orders in connection with offence under section 46(2)

§ 48 Seizure orders where disqualification breached: Scotland

§ 49 Appeals against deprivation orders and seizure orders

§ 50 Deprivation orders, seizure orders and interim orders: offences

§ 51 Inspectors

§ 52 Conditions for grant of warrant

§ 53 Powers of entry, inspection and search: supplementary

§ 54 Power to stop and detain vehicles

§ 55 Power to detain vessels, aircraft and hovercraft

§ 56 Obtaining of documents in connection with carrying out orders etc.

§ 57 Offences by bodies corporate

§ 58 Scientific research

§ 59 Fishing

§ 60 Crown application

§ 61 Orders and regulations

§ 62 General interpretation

§ 63 Financial provisions

§ 64 Minor and consequential amendments

§ 65 Repeals

§ 66 Transition

§ 67 Extent

§ 68 Commencement

§ 69 Short title

ANIMAL WELFARE ACT 2006 CHAPTER 45 SCHEDULES

SCHEDULE 1 REGULATIONS UNDER SECTION 13

SCHEDULE PART 1 LICENCES FOR THE PURPOSES OF THE SECTION

INTRODUCTORY

LICENSING AUTHORITY

PERIOD OF LICENCE

EXERCISE OF LICENSING FUNCTIONS

GRANT OF LICENCE SUBJECT TO CONDITIONS

BREACH OF LICENCE CONDITION

APPEALS

FEES

SCHEDULE PART 2 REGISTRATION FOR THE PURPOSES OF THE SECTION

INTRODUCTORY

REGISTERING AUTHORITY

EXERCISE OF REGISTRATION FUNCTIONS 

APPEALS

FEES

SCHEDULE PART 3 SUPPLEMENTARY

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
SAFEGUARDS ETC. IN CONNECTION WITH POWERS OF ENTRY CONFERRED BY WARRANT

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO PRODUCE EVIDENCE OF IDENTITY

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO TAKE PERSONS ONTO PREMISES

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO EXERCISE POWER OF ENTRY AT REASONABLE TIME

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO REQUIRE ASSISTANCE

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO TAKE EQUIPMENT ONTO PREMISES

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO LEAVE PREMISES SECURED

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH INSPECTION AND SEARCH

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH INSPECTION AND SEARCH

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH ENTRY UNDER SECTION 19

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
OFFENCES

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

SCHEDULE 4 REPEALS

 

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

 

 § 1 Animals to which the Act applies

 (1)   In this Act, except subsections (4) and (5), "animal" means a vertebrate other than man.

 (2)   Nothing in this Act applies to an animal while it is in its foetal or embryonic form.

 (3)   The appropriate national authority may by regulations for all or any of the purposes of this Act-

     (a)    extend the definition of "animal" so as to include invertebrates of any description;

     (b) make provision in lieu of subsection (2) as respects any invertebrates included in the definition of "animal";

     (c)   amend subsection (2) to extend the application of this Act to an animal from such earlier stage of its development as may be specified in the regulations. 

(4)   The power under subsection (3)(a) or (c) may only be exercised if the appropriate national authority is satisfied, on the basis of scientific evidence, that animals of the kind concerned are capable of experiencing pain or suffering.

(5) In this section, "vertebrate" means any animal of the Sub-phylum Vertebrata of the Phylum Chordata and "invertebrate" means any animal not of that Subphylum.

§ 2 "Protected animal"

An animal is a "protected animal" for the purposes of this Act if-

     (a)    it is of a kind which is commonly domesticated in the British Islands,    

     (b)   it is under the control of man whether on a permanent or temporary basis, or

     (c) it is not living in a wild state.

§ 3 Responsibility for animals

(1) In this Act, references to a person responsible for an animal are to a person responsible for an animal whether on a permanent or temporary basis.

(2) In this Act, references to being responsible for an animal include being in charge of it.

(3) For the purposes of this Act, a person who owns an animal shall always be regarded as being a person who is responsible for it.

(4) For the purposes of this Act, a person shall be treated as responsible for any animal for which a person under the age of 16 years of whom he has actual care and control is responsible.

§ 4 Unnecessary suffering

(1) A person commits an offence if-

     (a) an act of his, or a failure of his to act, causes an animal to suffer,

     (b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,

     (c) the animal is a protected animal, and

     (d) the suffering is unnecessary.

(2) A person commits an offence if-

     (a) he is responsible for an animal,

     (b) an act, or failure to act, of another person causes the animal to suffer,
 
     (c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and

     (d) the suffering is unnecessary.

(3) The considerations to which it is relevant to have regard when determining for the purposes of this section whether suffering is unnecessary include-

     (a) whether the suffering could reasonably have been avoided or reduced;

     (b) whether the conduct which caused the suffering was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment;

     (c) whether the conduct which caused the suffering was for a legitimate purpose, such as-

            (i) the purpose of benefiting the animal, or

            (ii) the purpose of protecting a person, property or another animal;

     (d) whether the suffering was proportionate to the purpose of the conduct concerned;

     (e) whether the conduct concerned was in all the circumstances that of a reasonably competent and humane person.

(4) Nothing in this section applies to the destruction of an animal in an appropriate and humane manner.

§ 5 Mutilation

(1) A person commits an offence if-

     (a) he carries out a prohibited procedure on a protected animal;

     (b) he causes such a procedure to be carried out on such an animal.

(2) A person commits an offence if-

      (a) he is responsible for an animal,

      (b) another person carries out a prohibited procedure on the animal, and

      (c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening.

(3) References in this section to the carrying out of a prohibited procedure on an animal are to the carrying out of a procedure which involves interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment.

(4) Subsections (1) and (2) do not apply in such circumstances as the appropriate national authority may specify by regulations.

(5) Before making regulations under subsection (4), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.

(6) Nothing in this section applies to the removal of the whole or any part of a dog's tail.

§ 6 Docking of dogs' tails

(1) A person commits an offence if-

     (a) he removes the whole or any part of a dog's tail, otherwise than for the purpose of its medical treatment;

     (b) he causes the whole or any part of a dog's tail to be removed by another person, otherwise than for the purpose of its medical treatment.

(2) A person commits an offence if-

     (a) he is responsible for a dog,

     (b) another person removes the whole or any part of the dog's tail, otherwise than for the purpose of its medical treatment, and

     (c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening.

(3) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.

(4) For the purposes of subsection (3), a dog is a certified working dog if a veterinary surgeon has certified, in accordance with regulations made by the appropriate national authority, that the first and second conditions mentioned below are met.

(5) The first condition referred to in subsection (4) is that there has been produced to the veterinary surgeon such evidence as the appropriate national authority may by regulations require for the purpose of showing that the dog is likely to be used for work in connection with-

     (a) law enforcement,

     (b) activities of Her Majesty's armed forces,

     (c) emergency rescue,

     (d) lawful pest control, or

     (e) the lawful shooting of animals.

(6) The second condition referred to in subsection (4) is that the dog is of a type specified for the purposes of this subsection by regulations made by the appropriate national authority.

(7) It is a defence for a person accused of an offence under subsection (1) or (2) to show that he reasonably believed that the dog was one in relation to which subsection (3) applies.

(8) A person commits an offence if-

     (a) he owns a subsection (3) dog, and

     (b) fails to take reasonable steps to secure that, before the dog is 3 months old, it is identified as a subsection (3) dog in accordance with regulations made by the appropriate national authority.

(9) A person commits an offence if-

     (a) he shows a dog at an event to which members of the public are admitted on payment of a fee,

     (b) the dog's tail has been wholly or partly removed (in England and Wales or elsewhere), and

     (c) removal took place on or after the commencement day.

(10) Where a dog is shown only for the purpose of demonstrating its working ability, subsection (9) does not apply if the dog is a subsection (3) dog.

(11) It is a defence for a person accused of an offence under subsection (9) to show that he reasonably believed-

     (a) that the event was not one to which members of the public were admitted on payment of an entrance fee,

     (b) that the removal took place before the commencement day, or

     (c) that the dog was one in relation to which subsection (10) applies.

(12) A person commits an offence if he knowingly gives false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of this section.

(13) The appropriate national authority may by regulations make provision about the functions of inspectors in relation to-

     (a) certificates for the purposes of this section, and

     (b) the identification of dogs as subsection (3) dogs.

(14) Power to make regulations under this section includes power-

     (a) to make different provision for different cases, and

     (b) to make incidental, supplementary, consequential or transitional provision or savings.

(15) Before making regulations under this section, the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.

(16) In this section-

      "commencement day" means the day on which this section comes into force;

      "subsection (3) dog" means a dog whose tail has, on or after the commencement day, been wholly or partly removed without contravening subsection (1), because of the application of subsection (3).

§ 7 Administration of poisons etc.

(1) A person commits an offence if, without lawful authority or reasonable excuse, he-

     (a) administers any poisonous or injurious drug or substance to a protected animal, knowing it to be poisonous or injurious, or

     (b) causes any poisonous or injurious drug or substance to be taken by a protected animal, knowing it to be poisonous or injurious.

(2) A person commits an offence if-

     (a) he is responsible for an animal,

     (b) without lawful authority or reasonable excuse, another person administers a poisonous or injurious drug or substance to the animal or causes the animal to take such a drug or substance, and

     (c) he permitted that to happen or, knowing the drug or substance to be poisonous or injurious, he failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening.

(3) In this section, references to a poisonous or injurious drug or substance include a drug or substance which, by virtue of the quantity or manner in which it is administered or taken, has the effect of a poisonous or injurious drug or substance.

§ 8 Fighting etc.

(1) A person commits an offence if he-

     (a) causes an animal fight to take place, or attempts to do so;

     (b) knowingly receives money for admission to an animal fight;

     (c) knowingly publicises a proposed animal fight;

     (d) provides information about an animal fight to another with the intention of enabling or encouraging attendance at the fight;

     (e) makes or accepts a bet on the outcome of an animal fight or on the likelihood of anything occurring or not occurring in the course of an animal fight;

     (f) takes part in an animal fight;

     (g) has in his possession anything designed or adapted for use in connection with an animal fight with the intention of its being so used;

     (h) keeps or trains an animal for use for in connection with an animal fight;

            (i) keeps any premises for use for an animal fight.

(2) A person commits an offence if, without lawful authority or reasonable excuse, he is present at an animal fight.

(3) A person commits an offence if, without lawful authority or reasonable excuse, he-

     (a) knowingly supplies a video recording of an animal fight,

     (b) knowingly publishes a video recording of an animal fight,

     (c) knowingly shows a video recording of an animal fight to another, or

     (d) possesses a video recording of an animal fight, knowing it to be such a recording, with the intention of supplying it.

(4) Subsection (3) does not apply if the video recording is of an animal fight that took place-

     (a) outside Great Britain, or

     (b) before the commencement date.

(5) Subsection (3) does not apply-

     (a) in the case of paragraph (a), to the supply of a video recording for inclusion in a programme service;

     (b) in the case of paragraph (b) or (c), to the publication or showing of a video recording by means of its inclusion in a programme service;

     (c) in the case of paragraph (d), by virtue of intention to supply for inclusion in a programme service.

(6) Provision extending the application of an offence under subsection (3), so far as relating to the provision of information society services, may be made under section 2(2) of the European Communities Act 1972 (c. 68) (powers to implement Community obligations by regulations) notwithstanding the limits imposed by paragraph 1(1)(d) of Schedule 2 to that Act on the penalties with which an offence may be punishable on summary conviction.

(7) In this section-

      "animal fight" means an occasion on which a protected animal is placed with an animal, or with a human, for the purpose of fighting, wrestling or baiting;

      "'commencement date" means the date on which subsection (3) comes into force;

      "information society services" has the meaning given in Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (Directive on electronic commerce);

      "programme service" has the same meaning as in the Communications Act 2003 (c. 21);

      "video recording" means a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image.

(8) In this section-

     (a) references to supplying or publishing a video recording are to supplying or publishing a video recording in any manner, including, in relation to a video recording in the form of data stored electronically, by means of transmitting such data;

     (b) references to showing a video recording are to showing a moving image reproduced from a video recording by any means.

§ 9 Duty of person responsible for animal to ensure welfare

(1) A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.

(2) For the purposes of this Act, an animal's needs shall be taken to include-

     (a) its need for a suitable environment,

     (b) its need for a suitable diet,

     (c) its need to be able to exhibit normal behaviour patterns,

     (d) any need it has to be housed with, or apart from, other animals, and

     (e) its need to be protected from pain, suffering, injury and disease.

(3) The circumstances to which it is relevant to have regard when applying subsection (1) include, in particular-

     (a) any lawful purpose for which the animal is kept, and

     (b) any lawful activity undertaken in relation to the animal.

(4) Nothing in this section applies to the destruction of an animal in an appropriate and humane manner.

§ 10 Improvement notices

(1) If an inspector is of the opinion that a person is failing to comply with section 9(1), he may serve on the person a notice which-

      (a) states that he is of that opinion,

      (b) specifies the respects in which he considers the person is failing to comply with that provision,

      (c) specifies the steps he considers need to be taken in order to comply with the provision,

      (d) specifies a period for the taking of those steps, and

      (e) explains the effect of subsections (2) and (3).

  (2) Where a notice under subsection (1) ("an improvement notice") is served, no proceedings for an offence under section 9(1) may be instituted before the end of the period specified for the purposes of subsection (1)(d) ("the compliance period") in respect of-

      (a) the non-compliance which gave rise to the notice, or

      (b) any continuation of that non-compliance.

  (3) If the steps specified in an improvement notice are taken at any time before the end of the compliance period, no proceedings for an offence under section 9(1) may be instituted in respect of-

      (a) the non-compliance which gave rise to the notice, or

      (b) any continuation of that non-compliance prior to the taking of the steps specified in the notice.

  (4) An inspector may extend, or further extend, the compliance period specified in an improvement notice.

§ 11 Transfer of animals by way of sale or prize to persons under 16

  (1) A person commits an offence if he sells an animal to a person whom he has reasonable cause to believe to be under the age of 16 years.

  (2) For the purposes of subsection (1), selling an animal includes transferring, or agreeing to transfer, ownership of the animal in consideration of entry by the transferee into another transaction.

  (3) Subject to subsections (4) to (6), a person commits an offence if-

      (a) he enters into an arrangement with a person whom he has reasonable cause to believe to be under the age of 16 years, and

      (b) the arrangement is one under which that person has the chance to win an animal as a prize.

  (4) A person does not commit an offence under subsection (3) if-

      (a) he enters into the arrangement in the presence of the person with whom the arrangement is made, and

      (b) he has reasonable cause to believe that the person with whom the arrangement is made is accompanied by a person who is not under the age of 16 years.

  (5) A person does not commit an offence under subsection (3) if-

      (a) he enters into the arrangement otherwise than in the presence of the person with whom the arrangement is made, and

      (b) he has reasonable cause to believe that a person who has actual care and control of the person with whom the arrangement is made has consented to the arrangement.

  (6) A person does not commit an offence under subsection (3) if he enters into the arrangement in a family context.

§ 12 Regulations to promote welfare

  (1) The appropriate national authority may by regulations make such provision as the authority thinks fit for the purpose of promoting the welfare of animals for which a person is responsible, or the progeny of such animals.

  (2) Without prejudice to the generality of the power under subsection (1), regulations under that subsection may, in particular-

      (a) make provision imposing specific requirements for the purpose of securing that the needs of animals are met;

      (b) make provision to facilitate or improve co-ordination in relation to the carrying out by different persons of functions relating to the welfare of animals;

      (c) make provision for the establishment of one or more bodies with functions relating to advice about the welfare of animals.

  (3) Power to make regulations under subsection (1) includes power-

      (a) to provide that breach of a provision of the regulations is an offence;

      (b) to apply a relevant post-conviction power in relation to conviction for an offence under the regulations;

      (c) to make provision for fees or other charges in relation to the carrying out of functions under the regulations;

      (d) to make different provision for different cases or areas;

      (e) to provide for exemptions from a provision of the regulations, either subject to specified conditions or without conditions;

      (f) to make incidental, supplementary, consequential or transitional provision or savings.

  (4) Power to make regulations under subsection (1) does not include power to create an offence triable on indictment or punishable with-

      (a) imprisonment for a term exceeding 51 weeks, or

      (b) a fine exceeding level 5 on the standard scale.

  (5) Regulations under subsection (1) may provide that a specified offence under the regulations is to be treated as a relevant offence for the purposes of section 23.

  (6) Before making regulations under subsection (1), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.

  (7) In this section, "specified" means specified in regulations under subsection (1).

§ 13 Licensing or registration of activities involving animals

  (1) No person shall carry on an activity to which this subsection applies except under the authority of a licence for the purposes of this section.

  (2) Subsection (1) applies to an activity which-

      (a) involves animals for which a person is responsible, and

      (b) is specified for the purposes of the subsection by regulations made by the appropriate national authority.

  (3) No person shall carry on an activity to which this subsection applies unless registered for the purposes of this section.

  (4) Subsection (3) applies to an activity which-

      (a) involves animals for which a person is responsible, and

      (b) is specified for the purposes of the subsection by regulations made by the appropriate national authority.

  (5) Regulations under subsection (2) or (4) may only be made for the purpose of promoting the welfare of animals for which a person is responsible, or the progeny of such animals.

  (6) A person commits an offence if he contravenes subsection (1) or (3).

  (7) The appropriate national authority may by regulations make provision about licences or registration for the purposes of this section.

  (8) The appropriate national authority may by regulations repeal any of the following enactments (which impose licence or registration requirements in relation to activities involving animals)-

      (a) section 1(1) of the Performing Animals (Regulation) Act 1925 (c. 38);

      (b) section 1(1) of the Pet Animals Act 1951 (c. 35);

      (c) section 1(1) of the Animal Boarding Establishments Act 1963 (c. 43);

      (d) section 1(1) of the Riding Establishments Act 1964 (c. 70);

      (e) section 1(1) of the Breeding of Dogs Act 1973 (c. 60).

  (9) Before making regulations under this section, the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.

  (10) Schedule 1 (which makes provision about regulations under this section) has effect.

§ 14 Codes of practice

  (1) The appropriate national authority may issue, and may from time to time revise, codes of practice for the purpose of providing practical guidance in respect of any provision made by or under this Act.

  (2) The authority responsible for issuing a code of practice under subsection (1) shall publish the code, and any revision of it, in such manner as it considers appropriate.

  (3) A person's failure to comply with a provision of a code of practice issued under this section shall not of itself render him liable to proceedings of any kind.

  (4) In any proceedings against a person for an offence under this Act or an offence under regulations under section 12 or 13-

      (a) failure to comply with a relevant provision of a code of practice issued under this section may be relied upon as tending to establish liability, and

      (b) compliance with a relevant provision of such a code of practice may be relied upon as tending to negative liability.

§ 15 Making and approval of codes of practice: England

  (1) Where the Secretary of State proposes to issue (or revise) a code of practice under section 14, he shall-

      (a) prepare a draft of the code (or revised code),

      (b) consult about the draft such persons appearing to him to represent any interests concerned as he considers appropriate, and

      (c) consider any representations made by them.

  (2) If following consultation under subsection (1) the Secretary of State decides to proceed with a draft (either in its original form or with such modifications as he thinks fit), he shall lay a copy of it before Parliament.

  (3) If, within the 40-day period, either House of Parliament resolves not to approve a draft laid under subsection (2), the Secretary of State shall take no further steps in relation to it.

  (4) If, within the 40-day period, neither House resolves not to approve a draft laid under subsection (2), the Secretary of State shall issue (or revise) the code in the form of the draft.

  (5) A code (or revised code) shall come into force on such day as the Secretary of State may by order appoint.

  (6) Subsection (3) does not prevent a new draft of a code (or revised code) from being laid before Parliament.

  (7) An order under subsection (5) may include transitional provision or savings.

  (8) In this section, "the 40-day period", in relation to a draft laid under subsection (2), means-

      (a) if the draft is laid before the Houses on different days, the period of 40 days beginning with the later of the two days, and

      (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

   no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

§ 16 Making of codes of practice: Wales

  (1) Where the National Assembly for Wales proposes to issue (or revise) a code of practice under section 14, it shall-

      (a) prepare a draft of the code (or revised code),

      (b) consult about the draft such persons appearing to it to represent any interests concerned as it considers appropriate, and

      (c) consider any representations made by them.

  (2) The Assembly may issue (or revise) a code either in the form of the draft prepared under subsection (1)(a) or with such modification as it thinks fit.

  (3) A code (or revised code) shall come into force in accordance with its provisions.

  (4) A code (or revised code) may include transitional provision or savings.

§ 17 Revocation of codes of practice

  (1) The appropriate national authority may by order revoke a code of practice issued by it under section 14.

  (2) An order under subsection (1) may include transitional provision or savings.

  (3) Before making an order under subsection (1), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.

  (4) Subsection (3) does not apply in relation to an order revoking a code of practice in connection with its replacement by a new one.

§ 18 Powers in relation to animals in distress

  (1) If an inspector or a constable reasonably believes that a protected animal is suffering, he may take, or arrange for the taking of, such steps as appear to him to be immediately necessary to alleviate the animal's suffering.

  (2) Subsection (1) does not authorise destruction of an animal.

  (3) If a veterinary surgeon certifies that the condition of a protected animal is such that it should in its own interests be destroyed, an inspector or a constable may-

      (a) destroy the animal where it is or take it to another place and destroy it there, or

      (b) arrange for the doing of any of the things mentioned in paragraph (a).

  (4) An inspector or a constable may act under subsection (3) without the certificate of a veterinary surgeon if it appears to him-

      (a) that the condition of the animal is such that there is no reasonable alternative to destroying it, and

      (b) that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.

  (5) An inspector or a constable may take a protected animal into possession if a veterinary surgeon certifies-

      (a) that it is suffering, or

      (b) that it is likely to suffer if its circumstances do not change.

  (6) An inspector or a constable may act under subsection (5) without the certificate of a veterinary surgeon if it appears to him-

      (a) that the animal is suffering or that it is likely to do so if its circumstances do not change, and

      (b) that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.

  (7) The power conferred by subsection (5) includes power to take into possession dependent offspring of an animal taken into possession under that subsection.

  (8) Where an animal is taken into possession under subsection (5), an inspector or a constable may-

      (a) remove it, or arrange for it to be removed, to a place of safety;

      (b) care for it, or arrange for it to be cared for-

            (i) on the premises where it was being kept when it was taken into possession, or

            (ii) at such other place as he thinks fit;

      (c) mark it, or arrange for it to be marked, for identification purposes.

  (9) A person acting under subsection (8)(b)(i), or under an arrangement under that provision, may make use of any equipment on the premises.

  (10) A veterinary surgeon may examine and take samples from an animal for the purpose of determining whether to issue a certificate under subsection (3) or (5) with respect to the animal.

  (11) If a person exercises a power under this section otherwise than with the knowledge of a person who is responsible for the animal concerned, he must, as soon as reasonably practicable after exercising the power, take such steps as are reasonable in the circumstances to bring the exercise of the power to the notice of such a person.

  (12) A person commits an offence if he intentionally obstructs a person in the exercise of power conferred by this section.

  (13) A magistrates' court may, on application by a person who incurs expenses in acting under this section, order that he be reimbursed by such person as it thinks fit.

  (14) A person affected by a decision under subsection (13) may appeal against the decision to the Crown Court.

§ 19 Power of entry for section 18 purposes

(1) An inspector or a constable may enter premises for the purpose of searching for a protected animal and of exercising any power under section 18 in relation to it if he reasonably believes-

(a) that there is a protected animal on the premises, and

(b) that the animal is suffering or, if the circumstances of the animal do not change, it is likely to suffer.

(2) Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling.

(3) An inspector or a constable may (if necessary) use reasonable force in exercising the power conferred by subsection (1), but only if it appears to him that entry is required before a warrant under subsection (4) can be obtained and executed.

(4) Subject to subsection (5), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises for the purpose mentioned in subsection (1), if necessary using reasonable force.

(5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied-

(a) that there are reasonable grounds for believing that there is a protected animal on the premises and that the animal is suffering or is likely to suffer if its circumstances do not change, and

(b) that section 52 is satisfied in relation to the premises.

§ 20 Orders in relation to animals taken under section 18(5)

  (1) A magistrates' court may order any of the following in relation to an animal taken into possession under section 18(5)-

      (a) that specified treatment be administered to the animal;

      (b) that possession of the animal be given up to a specified person;

      (c) that the animal be sold;

      (d) that the animal be disposed of otherwise than by way of sale;

      (e) that the animal be destroyed.

  (2) If an animal is taken into possession under section 18(5) when it is pregnant, the power conferred by subsection (1) shall also be exercisable in relation to any offspring that results from the pregnancy.

  (3) The power conferred by subsection (1) shall be exercisable on application by-

      (a) the owner of the animal, or

      (b) any other person appearing to the court to have a sufficient interest in the animal.

  (4) A court may not make an order under subsection (1) unless-

      (a) it has given the owner of the animal an opportunity to be heard, or

      (b) it is satisfied that it is not reasonably practicable to communicate with the owner.

  (5) Where a court makes an order under subsection (1), it may-

      (a) appoint a person to carry out, or arrange for the carrying out, of the order;

      (b) give directions with respect to the carrying out of the order;

      (c) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;

      (d) order a person to reimburse the expenses of carrying out the order.

  (6) In determining how to exercise its powers under this section, the court shall have regard, amongst other things, to the desirability of protecting the animal's value and avoiding increasing any expenses which a person may be ordered to reimburse.

  (7) A person commits an offence if he intentionally obstructs a person in the exercise of any power conferred by virtue of this section.

  (8) If the owner of the animal is subject to a liability by virtue of section 18(13) or subsection (5)(d) above, any amount to which he is entitled as a result of sale of the animal may be reduced by an amount equal to that liability.

§ 21 Orders under section 20: appeals

  (1) Where a court makes an order under section 20(1), the owner of the animal to which the order relates may appeal against the order to the Crown Court.

  (2) Nothing may be done under an order under section 20(1) unless-

      (a) the period for giving notice of appeal against the order has expired, and

      (b) if the order is the subject of an appeal, the appeal has been determined or withdrawn.

  (3) Where the effect of an order is suspended under subsection (2)-

      (a) no directions given in connection with the order shall have effect, but

      (b) the court may give directions about how any animal to which the order applies is to be dealt with during the suspension.

  (4) Directions under subsection (3)(b) may, in particular-

      (a) appoint a person to carry out, or arrange for the carrying out, of the directions;

      (b) require any person who has possession of the animal to deliver it up for the purposes of the directions;

      (c) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the directions;

      (d) provide for the recovery of any expenses which are reasonably incurred in carrying out the directions.

  (5) Where a court decides on an application under section 20(3)(a) not to exercise the power conferred by subsection (1) of that section, the applicant may appeal against the decision to the Crown Court.

  (6) Where a court makes an order under section 20(5)(d), the person against whom the order is made may appeal against the order to the Crown Court.

§ 22 Seizure of animals involved in fighting offences

  (1) A constable may seize an animal if it appears to him that it is one in relation to which an offence under section 8(1) or (2) has been committed.

  (2) A constable may enter and search premises for the purpose of exercising the power under subsection (1) if he reasonably believes-

      (a) that there is an animal on the premises, and

      (b) that the animal is one in relation to which the power under subsection (1) is exercisable.

  (3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.

  (4) Subject to subsection (5), a justice of the peace may, on the application of a constable, issue a warrant authorising a constable to enter and search premises, if necessary using reasonable force, for the purpose of exercising the power under subsection (1).

  (5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied-

      (a) that there are reasonable grounds for believing that there is on the premises an animal in relation to which an offence under section 8(1) or (2) has been committed, and

      (b) that section 52 is satisfied in relation to the premises.

  (6) In this section, references to an animal in relation to which an offence under section 8(1) or (2) has been committed include an animal which took part in an animal fight in relation to which such an offence was committed.

§ 23 Entry and search under warrant in connection with offences

  (1) Subject to subsection (2), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises, if necessary using reasonable force, in order to search for evidence of the commission of a relevant offence.

  (2) The power to issue a warrant under subsection (1) is exercisable only if the justice of the peace is satisfied-

      (a) that there are reasonable grounds for believing-

            (i) that a relevant offence has been committed on the premises, or

            (ii) that evidence of the commission of a relevant offence is to be found on the premises, and

      (b) that section 52 is satisfied in relation to the premises.

  (3) In this section, "relevant offence" means an offence under any of sections 4 to 9, 13(6) and 34(9).

§ 24 Entry for purposes of arrest

  In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (power of constable to enter and search premises for purpose of arresting a person for offence under specified enactments), at end insert-

"(v) any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);".

§ 25 Inspection of records required to be kept by holder of licence

  (1) An inspector may require the holder of a licence to produce for inspection any records which he is required to keep by a condition of the licence.

  (2) Where records which a person is so required to keep are stored in electronic form, the power under subsection (1) includes power to require the records to be made available for inspection-

      (a) in a visible and legible form, or

      (b) in a form from which they can readily be produced in a visible and legible form.

  (3) An inspector may inspect and take copies of any records produced for inspection in pursuance of a requirement under this section.

§ 26 Inspection in connection with licences

  (1) An inspector may carry out an inspection in order to check compliance with-

      (a) the conditions subject to which a licence is granted;

      (b) provision made by or under this Act which is relevant to the carrying on of an activity to which a licence relates.

  (2) An inspector may, for the purpose of carrying out an inspection under subsection (1), enter-

      (a) premises specified in a licence as premises on which the carrying on of an activity is authorised;

      (b) premises on which he reasonably believes an activity to which a licence relates is being carried on.

  (3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling unless 24 hours' notice of the intended entry is given to the occupier.

§ 27 Inspection in connection with registration

  (1) An inspector may carry out an inspection in order to check compliance with provision made by or under this Act which is relevant to the carrying on of an activity to which a registration for the purposes of section 13 relates.

  (2) An inspector may, for the purpose of carrying out an inspection under subsection (1), enter premises on which he reasonably believes a person registered for the purposes of section 13 is carrying on an activity to which the registration relates.

  (3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling unless 24 hours' notice of the intended entry is given to the occupier.

§ 28 Inspection of farm premises

  (1) An inspector may carry out an inspection in order to-

      (a) check compliance with regulations under section 12 which relate to animals bred or kept for farming purposes;

      (b) ascertain whether any offence under or by virtue of this Act has been or is being committed in relation to such animals.

  (2) An inspector may enter premises which he reasonably believes to be premises on which animals are bred or kept for farming purposes in order to carry out an inspection under subsection (1).

  (3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.

  (4) Subject to subsection (5), a justice of the peace may, on the application of an inspector, issue a warrant authorising an inspector to enter premises, if necessary using reasonable force, in order to carry out an inspection under subsection (1).

  (5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied-

      (a) that it is reasonable to carry out an inspection on the premises, and

      (b) that section 52 is satisfied in relation to the premises.

§ 29 Inspection relating to Community obligations

  (1) An inspector may carry out an inspection in order to check compliance with regulations under section 12 which implement a Community obligation.

  (2) An inspector may enter any premises in order to carry out an inspection under subsection (1).

  (3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.

§ 30 Power of local authority to prosecute offences

  A local authority in England or Wales may prosecute proceedings for any offence under this Act.

§ 31 Time limits for prosecutions

  (1) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), a magistrates' court may try an information relating to an offence under this Act if the information is laid-

      (a) before the end of the period of three years beginning with the date of the commission of the offence, and

      (b) before the end of the period of six months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his knowledge.

  (2) For the purposes of subsection (1)(b)-

      (a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to his knowledge shall be conclusive evidence of that fact, and

      (b) a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.

§ 32 Imprisonment or fine

  (1) A person guilty of an offence under any of sections 4, 5, 6(1) and (2), 7 and 8 shall be liable on summary conviction to-

      (a) imprisonment for a term not exceeding 51 weeks, or

      (b) a fine not exceeding £20,000,

  or to both.

  (2) A person guilty of an offence under section 9, 13(6) or 34(9) shall be liable on summary conviction to-

      (a) imprisonment for a term not exceeding 51 weeks, or

      (b) a fine not exceeding level 5 on the standard scale,

  or to both.

  (3) A person guilty of an offence under regulations under section 12 or 13 shall be liable on summary conviction to such penalty by way of imprisonment or fine as may be provided by regulations under that section.

  (4) A person guilty of any other offence under this Act shall be liable on summary conviction to-

      (a) imprisonment for a term not exceeding 51 weeks, or

      (b) a fine not exceeding level 4 on the standard scale,

  or to both.

  (5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in each of subsections (1)(a), (2)(a) and (4)(a) to 51 weeks is to be read as a reference to 6 months.

§ 33 Deprivation

  (1) If the person convicted of an offence under any of sections 4, 5, 6(1) and (2), 7, 8 and 9 is the owner of an animal in relation to which the offence was committed, the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order depriving him of ownership of the animal and for its disposal.

  (2) Where the owner of an animal is convicted of an offence under section 34(9) because ownership of the animal is in breach of a disqualification under section 34(2), the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order depriving him of ownership of the animal and for its disposal.

  (3) Where the animal in respect of which an order under subsection (1) or (2) is made has any dependent offspring, the order may include provision depriving the person to whom it relates of ownership of the offspring and for its disposal.

  (4) Where a court makes an order under subsection (1) or (2), it may-

      (a) appoint a person to carry out, or arrange for the carrying out of, the order;

      (b) require any person who has possession of an animal to which the order applies to deliver it up to enable the order to be carried out;

      (c) give directions with respect to the carrying out of the order;

      (d) confer additional powers (including power to enter premises where an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

      (e) order the offender to reimburse the expenses of carrying out the order.

  (5) Directions under subsection (4)(c) may-

      (a) specify the manner in which an animal is to be disposed of, or

      (b) delegate the decision about the manner in which an animal is to be disposed of to a person appointed under subsection (4)(a).

  (6) Where a court decides not to make an order under subsection (1) or (2) in relation to an offender, it shall-

      (a) give its reasons for the decision in open court, and

      (b) if it is a magistrates' court, cause them to be entered in the register of its proceedings.

  (7) Subsection (6) does not apply where the court makes an order under section 34(1) in relation to the offender.

  (8) In subsection (1), the reference to an animal in relation to which an offence was committed includes, in the case of an offence under section 8, an animal which took part in an animal fight in relation to which the offence was committed.

  (9) In this section, references to disposing of an animal include destroying it.

§ 34 Disqualification

  (1) If a person is convicted of an offence to which this section applies, the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order disqualifying him under any one or more of subsections (2) to (4) for such period as it thinks fit.

  (2) Disqualification under this subsection disqualifies a person-

      (a) from owning animals,

      (b) from keeping animals,

      (c) from participating in the keeping of animals, and

      (d) from being party to an arrangement under which he is entitled to control or influence the way in which animals are kept.

  (3) Disqualification under this subsection disqualifies a person from dealing in animals.

  (4) Disqualification under this subsection disqualifies a person-

      (a) from transporting animals, and

      (b) from arranging for the transport of animals.

  (5) Disqualification under subsection (2), (3) or (4) may be imposed in relation to animals generally, or in relation to animals of one or more kinds.

  (6) The court by which an order under subsection (1) is made may specify a period during which the offender may not make an application under section 43(1) for termination of the order.

  (7) The court by which an order under subsection (1) is made may-

      (a) suspend the operation of the order pending an appeal, or

      (b) where it appears to the court that the offender owns or keeps an animal to which the order applies, suspend the operation of the order, and of any order made under section 35 in connection with the disqualification, for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the animal.

  (8) Where a court decides not to make an order under subsection (1) in relation to an offender, it shall-

      (a) give its reasons for the decision in open court, and

      (b) if it is a magistrates' court, cause them to be entered in the register of its proceedings.

  (9) A person who breaches a disqualification imposed by an order under subsection (1) commits an offence.

  (10) This section applies to an offence under any of sections 4, 5, 6(1) and (2), 7, 8, 9 and 13(6) and subsection (9).

§ 35 Seizure of animals in connection with disqualification

  (1) Where-

      (a) a court makes an order under section 34(1), and

      (b) it appears to the court that the person to whom the order applies owns or keeps any animal contrary to the disqualification imposed by the order,

  it may order that all animals he owns or keeps contrary to the disqualification be taken into possession.

  (2) Where a person is convicted of an offence under section 34(9) because of owning or keeping an animal in breach of disqualification under section 34(2), the court by or before which he is convicted may order that all animals he owns or keeps in breach of the disqualification be taken into possession.

  (3) An order under subsection (1) or (2), so far as relating to any animal owned by the person subject to disqualification, shall have effect as an order for the disposal of the animal.

  (4) Any animal taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to disqualification shall be dealt with in such manner as the appropriate court may order.

  (5) A court may not make an order for disposal under subsection (4) unless-

      (a) it has given the owner of the animal an opportunity to be heard, or

      (b) it is satisfied that it is not reasonably practicable to communicate with the owner.

  (6) Where a court makes an order under subsection (4) for the disposal of an animal, the owner may-

      (a) in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;

      (b) in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.

  (7) In subsection (4), the reference to the appropriate court is to-

      (a) the court which made the order under subsection (1) or (2), or

      (b) in the case of an order made by a magistrates' court, to a magistrates' court for the same local justice area as that court.

  (8) In this section, references to disposing of an animal include destroying it.

§ 36 Section 35: supplementary

  (1) The court by which an order under section 35 is made may-

      (a) appoint a person to carry out, or arrange for the carrying out of, the order;

      (b) require any person who has possession of an animal to which the order applies to deliver it up to enable the order to be carried out;

      (c) give directions with respect to the carrying out of the order;

      (d) confer additional powers (including power to enter premises where an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

      (e) order the person subject to disqualification, or another person, to reimburse the expenses of carrying out the order.

  (2) Directions under subsection (1)(c) may-

      (a) specify the manner in which an animal is to be disposed of, or

      (b) delegate the decision about the manner in which an animal is to be disposed of to a person appointed under subsection (1)(a).

  (3) In determining how to exercise its powers under section 35 and this section, the court shall have regard, amongst other things, to-

      (a) the desirability of protecting the value of any animal to which the order applies, and

      (b) the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.

  (4) In determining how to exercise a power delegated under subsection (2)(b), a person shall have regard, amongst other things, to the things mentioned in subsection (3)(a) and (b).

  (5) If the owner of an animal ordered to be disposed of under section 35 is subject to a liability by virtue of subsection (1)(e), any amount to which he is entitled as a result of sale of the animal may be reduced by an amount equal to that liability.

§ 37 Destruction in the interests of the animal

  (1) The court by or before which a person is convicted of an offence under any of sections 4, 5, 6(1) and (2), 7, 8(1) and (2) and 9 may order the destruction of an animal in relation to which the offence was committed if it is satisfied, on the basis of evidence given by a veterinary surgeon, that it is appropriate to do so in the interests of the animal.

  (2) A court may not make an order under subsection (1) unless-

      (a) it has given the owner of the animal an opportunity to be heard, or

      (b) it is satisfied that it is not reasonably practicable to communicate with the owner.

  (3) Where a court makes an order under subsection (1), it may-

      (a) appoint a person to carry out, or arrange for the carrying out of, the order;

      (b) require a person who has possession of the animal to deliver it up to enable the order to be carried out;

      (c) give directions with respect to the carrying out of the order (including directions about how the animal is to be dealt with until it is destroyed);

      (d) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;

      (e) order the offender or another person to reimburse the expenses of carrying out the order.

  (4) Where a court makes an order under subsection (1), each of the offender and, if different, the owner of the animal may-

      (a) in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;

      (b) in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.

  (5) Subsection (4) does not apply if the court by which the order is made directs that it is appropriate in the interests of the animal that the carrying out of the order should not be delayed.

  (6) In subsection (1), the reference to an animal in relation to which an offence was committed includes, in the case of an offence under section 8(1) or (2), an animal which took part in an animal fight in relation to which the offence was committed.

§ 38 Destruction of animals involved in fighting offences

  (1) The court by or before which a person is convicted of an offence under section 8(1) or (2) may order the destruction of an animal in relation to which the offence was committed on grounds other than the interests of the animal.

  (2) A court may not make an order under subsection (1) unless-

      (a) it has given the owner of the animal an opportunity to be heard, or

      (b) it is satisfied that it is not reasonably practicable to communicate with the owner.

  (3) Where a court makes an order under subsection (1), it may-
 
      (a) appoint a person to carry out, or arrange for the carrying out of, the order;

      (b) require a person who has possession of the animal to deliver it up to enable the order to be carried out;

      (c) give directions with respect to the carrying out of the order (including directions about how the animal is to be dealt with until it is destroyed);

      (d) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;

      (e) order the offender or another person to reimburse the expenses of carrying out the order.

  (4) Where a court makes an order under subsection (1) in relation to an animal which is owned by a person other than the offender, that person may-

      (a) in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;

      (b) in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.

  (5) In subsection (1), the reference to an animal in relation to which the offence was committed includes an animal which took part in an animal fight in relation to which the offence was committed.

§ 39 Reimbursement of expenses relating to animals involved in fighting offences

  (1) The court by or before which a person is convicted of an offence under section 8(1) or (2) may order the offender or another person to reimburse any expenses incurred by the police in connection with the keeping of an animal in relation to which the offence was committed.

  (2) In subsection (1), the reference to an animal in relation to which the offence was committed includes an animal which took part in a fight in relation to which the offence was committed.

§ 40 Forfeiture of equipment used in offences

  (1) Where a person is convicted of an offence under any of sections 4, 5, 6(1) and (2), 7 and 8, the court by or before which he is convicted may order any qualifying item which is shown to the satisfaction of the court to relate to the offence to be-

      (a) forfeited, and

      (b) destroyed or dealt with in such manner as may be specified in the order.

  (2) The reference in subsection (1) to any qualifying item is-

      (a) in the case of a conviction for an offence under section 4, to anything designed or adapted for causing suffering to an animal;

      (b) in the case of a conviction for an offence under section 5, to anything designed or adapted for carrying out a prohibited procedure on an animal;
     
      (c) in the case of a conviction for an offence under section 6(1) or (2), to anything designed or adapted for removing the whole or any part of a dog's tail;

      (d) in the case of a conviction for an offence under section 7, to anything designed or adapted for administering any drug or substance to an animal;
 
      (e) in the case of a conviction for an offence under section 8(1) or (2), to anything designed or adapted for use in connection with an animal fight;

      (f) in the case of a conviction for an offence under section 8(3), to a video recording of an animal fight, including anything on or in which the recording is kept.

  (3) The court shall not order anything to be forfeited under subsection (1) if a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless he has been given an opportunity to show cause why the order should not be made.

  (4) An expression used in any of paragraphs (a) to (f) of subsection (2) has the same meaning as in the provision referred to in that paragraph.

§ 41 Orders under section 33, 35, 37, 38 or 40: pending appeals

  (1) Nothing may be done under an order under section 33, 35, 37 or 38 with respect to an animal or an order under section 40 unless-

      (a) the period for giving notice of appeal against the order has expired,

      (b) the period for giving notice of appeal against the conviction on which the order was made has expired, and

      (c) if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.

  (2) Subsection (1) does not apply to an order under section 37(1) if the order is the subject of a direction under subsection (5) of that section.

  (3) Where the effect of an order is suspended under subsection (1)-

      (a) no requirement imposed or directions given in connection with the order shall have effect, but

      (b) the court may give directions about how any animal to which the order applies is to be dealt with during the suspension.

  (4) Directions under subsection (3)(b) may, in particular-

      (a) authorise the animal to be taken into possession;

      (b) authorise the removal of the animal to a place of safety;

      (c) authorise the animal to be cared for either on the premises where it was being kept when it was taken into possession or at some other place;

      (d) appoint a person to carry out, or arrange for the carrying out, of the directions;

      (e) require any person who has possession of the animal to deliver it up for the purposes of the directions;

      (f) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the directions;

      (g) provide for the recovery of any expenses in relation to removal or care of the animal which are incurred in carrying out the directions.

  (5) Any expenses a person is directed to pay under subsection (4)(g) shall be recoverable summarily as a civil debt.

  (6) Where the effect of an order under section 33 is suspended under subsection (1) the person to whom the order relates may not sell or part with any animal to which the order applies.

  (7) Failure to comply with subsection (6) is an offence.

§ 42 Orders with respect to licences

  (1) If a person is convicted of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9, 11 and 13(6), the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way-

      (a) make an order cancelling any licence held by him;

      (b) make an order disqualifying him, for such period as it thinks fit, from holding a licence.

  (2) Disqualification under subsection (1)(b) may be imposed in relation to licences generally or in relation to licences of one or more kinds.

  (3) The court by which an order under subsection (1)(b) is made may specify a period during which the offender may not make an application under section 43(1) for termination of the order.

  (4) The court by which an order under subsection (1) is made may suspend the operation of the order pending an appeal.

§ 43 Termination of disqualification under section 34 or 42

  (1) A person who is disqualified by virtue of an order under section 34 or 42 may apply to the appropriate court for the termination of the order.

  (2) No application under subsection (1) may be made-

      (a) before the end of the period of one year beginning with the date on which the order is made,

      (b) where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or

      (c) before the end of any period specified under section 34(6), 42(3) or subsection (5) below in relation to the order.

  (3) On an application under subsection (1), the court may-

      (a) terminate the disqualification,

      (b) vary the disqualification so as to make it less onerous, or

      (c) refuse the application.

  (4) When determining an application under subsection (1), the court shall have regard to the character of the applicant, his conduct since the imposition of the disqualification and any other circumstances of the case.

  (5) Where the court refuses an application under subsection (1), it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.

  (6) The court may order an applicant under subsection (1) to pay all or part of the costs of the application.

  (7) In subsection (1), the reference to the appropriate court is to-

      (a) the court which made the order under section 34 or 42, or

      (b) in the case of an order made by a magistrates' court, to a magistrates' court acting for the same local justice area as that court.

§ 44 Orders made on conviction for reimbursement of expenses

  Where an order is made under section 33(4)(e), 36(1)(e), 37(3)(e), 38(3)(e) or 39(1), the expenses that are required by the order to be reimbursed shall not be regarded for the purposes of the Magistrates' Courts Act 1980 (c. 43) as a sum adjudged to be paid by a summary conviction, but shall be recoverable summarily as a civil debt.

§ 45 Orders for reimbursement of expenses: right of appeal for non-offenders

  (1) Where a court makes an order to which this section applies, the person against whom the order is made may-

      (a) in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;

      (b) in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.

  (2) This section applies to-

      (a) an order under section 36(1)(e) against a person other than the person subject to disqualification, and

      (b) an order under section 37(3)(e), 38(3)(e) or 39(1) against a person other than the offender.

§ 46 Effect in Scotland of disqualification under section 34

  (1) Disqualification by virtue of an order under section 34(1) has effect in relation to Scotland.

  (2) A person who breaches a disqualification under section 34 commits an offence.

  (3) A person guilty of an offence under subsection (2) is liable on summary conviction to-

      (a) imprisonment for a term not exceeding 6 months, or

      (b) a fine not exceeding level 5 on the standard scale,

  or to both.

§ 47 Deprivation orders in connection with offence under section 46(2)

  (1) Where a person is convicted of an offence under section 46(2) because of owning or keeping an animal in breach of disqualification under section 34(2), the convicting court may make an order (in this section and sections 49 and 50 referred to as a "deprivation order") in respect of any animal in relation to which the offence was committed.

  (2) A deprivation order is an order-

      (a) depriving a person of possession or ownership (or both) of an animal, and

      (b) for-

            (i) the destruction,

            (ii) the sale, or

            (iii) another disposal,

of the animal.

  (3) Where the court decides not to make a deprivation order, it must state its reasons.

  (4) A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to the offence.

  (5) A deprivation order may make provision in respect of any dependent offspring of an animal to which it applies.

  (6) A deprivation order may include-

      (a) provision-

            (i) appointing a person who is to secure that the order is carried out,

            (ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i)

      (b) provision authorising-

            (i) a person appointed under paragraph (a)(i), and

            (ii) any person acting on that person's behalf,

to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept,

      (c) such other provisions as the court considers appropriate in connection with the order.

  (7) Provision under subsection (6)(c) may, in particular-

      (a) require reimbursement of any expenses reasonably incurred in carrying out the order,

      (b) relate to the retention of any proceeds of the disposal.

  (8) The court may not make a deprivation order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.

  (9) Before making a deprivation order, the court must give the owner of the animal concerned an opportunity to make representations unless it is not practicable for it to do so.

§ 48 Seizure orders where disqualification breached: Scotland

  (1) Where the court is satisfied that a person who is subject to disqualification under section 34 owns or keeps an animal in breach of the disqualification, the court may make an order (in this section and sections 49 and 50 referred to as a "seizure order") in respect of all animals which the person owns or keeps in breach of the disqualification.

  (2) A seizure order may be made-

      (a) on summary application by an inspector,

      (b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 46(2).

  (3) A seizure order is an order-

      (a) depriving a person of possession or ownership (or both) of an animal, and

      (b) for-

            (i) the destruction,

            (ii) the sale, or

            (iii) another disposal, of the animal.

  (4) A seizure order may include-

      (a) provision-

            (i) appointing a person who is to secure that the order is carried out,

            (ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i),

      (b) provision authorising-

            (i) a person appointed under paragraph (a)(i), and

            (ii) any person acting on that person's behalf, to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept,

      (c) such other provision as the court considers appropriate in connection with the order.

  (5) Provision under subsection (4)(c) may, in particular-

      (a) require reimbursement of any expenses reasonably incurred in carrying out the order,

      (b) relate to the retention of any proceeds of the disposal.

  (6) The court may not make a seizure order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.

  (7) Before making a seizure order, the court must give the owner of the animals concerned an opportunity to make representations unless it is not practicable for it to do so.

  (8) In determining whether or how to make a seizure order, the court must have regard to the desirability of-

      (a) protecting the value of any animal to which the order applies, and

      (b) avoiding increasing any expenses which a person may be required to reimburse.

  (9) When an application is made under subsection (2)(a), the court may make an order under this subsection (an "interim order") containing such provision as the court considers appropriate in relation to the keeping of an animal until the application is finally determined.

  (10) Subsections (4), (5)(a) and (8) apply in relation to an interim order as they apply in relation to a seizure order.

  (11) In subsection (2)(a), an "inspector" is a person-

      (a) appointed as inspector by the Scottish Ministers, or authorised by them, for the purposes of this section, or

      (b) appointed as inspector by a local authority for the purposes of this section.

  (12) In subsection (11)(b), a "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

§ 49 Appeals against deprivation orders and seizure orders

  (1) Any deprivation order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.

  (2) Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (1)) who has an interest in any animal to which the order applies may appeal to the High Court of Justiciary against the order by the same procedure as applies under subsection (1) in relation to a deprivation order.

  (3) The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the sheriff principal against the order.

  (4) The operation of any deprivation order or seizure order is suspended until-

      (a) any period for an appeal against the order has expired,

      (b) the period for an appeal against the conviction on which the order depends has expired, and

      (c) any appeal against the order or that conviction has been withdrawn or finally determined.

  (5) Where the operation of a deprivation order or seizure order is suspended under subsection (4), or such an order is not executable because decree has not been extracted, the court which made the order may make an order under this subsection (an "interim order") containing such provisions as the court considers appropriate in relation to the keeping of an animal for so long as the first-mentioned order remains suspended or inexecutable.

  (6) An interim order may, in particular-

      (a) make provision-

            (i) appointing a person who is to secure that the order is carried out,

            (ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i),

      (b) make provision authorising-

            (i) a person appointed under paragraph (a)(i), and

            (ii) any person acting on that person's behalf, to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept,

      (c) for reimbursement of any expenses reasonably incurred in carrying out the order.

  (7) In determining whether or how to make an interim order, the court must have regard to the desirability of-

      (a) protecting the value of any animal to which the order applies, and

      (b) avoiding increasing any expenses which a person may be required to reimburse.

§ 50 Deprivation orders, seizure orders and interim orders: offences

  (1) Where the operation of a deprivation order is suspended under section 49(4), a person commits an offence if the person sells or otherwise parts with an animal to which the order applies.

  (2) A person commits an offence if the person intentionally obstructs a person in the carrying out of-

      (a) a deprivation order,

      (b) a seizure order,

      (c) an interim order under section 48(9) or 49(5).

  (3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to-

      (a) imprisonment for a term not exceeding 6 months, or

      (b) a fine not exceeding level 5 on the standard scale, or to both.

§ 51 Inspectors

  (1) In this Act, "inspector", in the context of any provision, means a person appointed to be an inspector for the purposes of that provision by-

      (a) the appropriate national authority, or

      (b) a local authority.

  (2) In appointing a person to be an inspector for purposes of this Act, a local authority shall have regard to guidance issued by the appropriate national authority.

  (3) The appropriate national authority may, in connection with guidance under subsection (2), draw up a list of persons whom the authority considers suitable for appointment by a local authority to be an inspector for purposes of this Act.

  (4) A person may be included in a list under subsection (3) as suitable for appointment as an inspector for all the purposes of this Act or only for such one or more of those purposes as may be specified in the list.

  (5) An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Act if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

  (6) Relief from liability of an inspector under subsection (5) shall not affect any liability of any other person in respect of the inspector's act.

§ 52 Conditions for grant of warrant

  (1) This section is satisfied in relation to premises if any of the following four conditions is met.

  (2) The first condition is that the whole of the premises is used as a private dwelling and the occupier has been informed of the decision to apply for a warrant.

  (3) The second condition is that any part of the premises is not used as a private dwelling and that each of the following applies to the occupier of the premises-

      (a) he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

      (b) he has failed to allow entry to the premises on being requested to do so by an inspector or a constable;

      (c) he has been informed of the decision to apply for a warrant.

  (4) The third condition is that-

      (a) the premises are unoccupied or the occupier is absent, and

      (b) notice of intention to apply for a warrant has been left in a conspicuous place on the premises.

  (5) The fourth condition is that it is inappropriate to inform the occupier of the decision to apply for a warrant because-

      (a) it would defeat the object of entering the premises, or

      (b) entry is required as a matter of urgency.

§ 53 Powers of entry, inspection and search: supplementary

  Schedule 2 (which makes supplementary provision in relation to powers of entry, inspection and search) has effect.

§ 54 Power to stop and detain vehicles

  (1) A constable in uniform or, if accompanied by such a constable, an inspector may stop and detain a vehicle for the purpose of entering and searching it in the exercise of a power conferred-

      (a) by section 19(1), or

      (b) by a warrant under section 19(4) or 23(1).

  (2) A constable in uniform may stop and detain a vehicle for the purpose of entering and searching it in the exercise of a power conferred-

      (a) by section 22(2), or

      (b) by a warrant under section 22(4).

  (3) If accompanied by a constable in uniform, an inspector may stop and detain a vehicle for the purpose of entering it and carrying out an inspection in the exercise of a power conferred-

      (a) by section 26(2), 27(2), 28(2) or 29(2), or

      (b) by a warrant under section 28(4).

  (4) A vehicle may be detained for as long as is reasonably required to permit a search or inspection to be carried out (including the exercise of any related power under this Act) either at the place where the vehicle was first detained or nearby.

§ 55 Power to detain vessels, aircraft and hovercraft

  (1) Where an inspector appointed by the appropriate national authority certifies in writing that he is satisfied that an offence under or by virtue of this Act is being or has been committed on board a vessel in port, the vessel may be detained.

  (2) A certificate under subsection (1) shall-

      (a) specify each offence to which it relates, and

      (b) set out the inspector's reasons for being satisfied that each offence to which it relates is being or has been committed.

  (3) Section 284 of the Merchant Shipping Act 1995 (c. 21) (which provides for enforcement of the detention of a ship under that Act by specified officers) shall apply as if the power of detention under subsection (1) were conferred by that Act.

  (4) An officer who detains a vessel in reliance on a certificate under subsection (1) shall as soon as is reasonably practicable give a copy of it to the master or person in charge of the vessel.

  (5) A vessel may be detained under subsection (1) until the appropriate national authority otherwise directs.

  (6) The appropriate national authority may by regulations-

      (a) apply this section to aircraft or hovercraft, with such modifications as the authority thinks fit, or

      (b) make such other provision for the detention of aircraft or hovercraft in relation to offences under or by virtue of this Act as the authority thinks fit.

§ 56 Obtaining of documents in connection with carrying out orders etc.

  (1) Where-

      (a) an order under section 20(1), 33(1) or (2), 35(1) or (2) or 37(1) has effect, and

      (b) the owner of an animal to which the order relates has in his possession, or under his control, documents which are relevant to the carrying out of the order or any directions given in connection with it,

  the owner shall, if so required by a person authorised to carry out the order, deliver the documents to that person as soon as practicable and in any event before the end of the period of 10 days beginning with the date on which he is notified of the requirement.

  (2) Where-

      (a) directions under section 41(3)(b) have effect, and

      (b) the owner of an animal to which the directions relate has in his possession, or under his control, documents which are relevant to the carrying out of the directions,

  the owner shall, if so required by a person authorised to carry out the directions, deliver the documents to that person as soon as practicable and in any event before the end of the period of 10 days beginning with the date on which he is notified of the requirement.

  (3) A person who fails without reasonable excuse to comply with subsection (1) or (2) commits an offence.

§ 57 Offences by bodies corporate

  (1) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of-

      (a) any director, manager, secretary or other similar officer of the body corporate, or

      (b) any person who was purporting to act in any such capacity,

  he (as well as the body corporate) commits the offence and shall be liable to be proceeded against and punished accordingly.

  (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

§ 58 Scientific research

  (1) Nothing in this Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 (c. 14).

  (2) No power of entry, inspection or search conferred by or under this Act, except for any such power conferred by section 28, may be exercised in relation to a place which is-

      (a) designated under section 6 of the Animals (Scientific Procedures) Act 1986 as a scientific procedure establishment, or

      (b) designated under section 7 of that Act as a breeding establishment or as a supplying establishment.

  (3) Section 9 does not apply in relation to an animal which-

      (a) is being kept, at a place designated under section 6 of the Animals (Scientific Procedures) Act 1986 as a scientific procedure establishment, for use in regulated procedures,

      (b) is being kept, at a place designated under section 7 of that Act as a breeding establishment, for use for breeding animals for use in regulated procedures,

      (c) is being kept at such a place, having been bred there for use in regulated procedures, or

      (d) is being kept, at a place designated under section 7 of that Act as a supplying establishment, for the purpose of being supplied for use elsewhere in regulated procedures.

  (4) In subsection (3), "regulated procedure" has the same meaning as in the Animals (Scientific Procedures) Act 1986.

§ 59 Fishing

  Nothing in this Act applies in relation to anything which occurs in the normal course of fishing.

§ 60 Crown application

  (1) Subject to the provisions of this section, this Act and regulations and orders made under it shall bind the Crown.

  (2) No contravention by the Crown of any provision made by or under this Act shall make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.

  (3) Notwithstanding subsection (2), the provisions of this Act and of regulations and orders made under it shall apply to persons in the service of the Crown as they apply to other persons.

  (4) If the Secretary of State certifies that it appears to him appropriate in the interests of national security that powers of entry conferred by or under this Act should not be exercisable in relation to Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises.

  (5) In subsection (4), "Crown premises" means premises held, or used, by or on behalf of the Crown.

  (6) No power of entry conferred by or under this Act may be exercised in relation to land belonging to Her Majesty in right of Her private estates.

  (7) In subsection (6), the reference to Her Majesty's private estates shall be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

§ 61 Orders and regulations

  (1) Any power of the Secretary of State, the National Assembly for Wales or the Scottish Ministers to make orders or regulations under this Act, except the power under section 17(1) of the National Assembly for Wales, is exercisable by statutory instrument.

  (2) No regulations under section 1(3), 5(4), 6, 12 or 13 shall be made by the Secretary of State unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

  (3) No order under section 17(1) shall be made by the Secretary of State unless a draft of the instrument containing the order has been laid before Parliament.

  (4) Subsection (3) does not apply in relation to an order revoking a code of practice in connection with its replacement by a new one.

  (5) A statutory instrument containing regulations under section 55(6) made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

§ 62 General interpretation

  (1) In this Act-

      "animal" has the meaning given by section 1(1);

      "appropriate national authority" means-

            (a) in relation to England, the Secretary of State;

            (b) in relation to Wales, the National Assembly for Wales;

      "enactment" includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));

      "licence" means a licence for the purposes of section 13;

      "local authority" means-

            (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

            (b) in relation to Wales, a county council or a county borough council;

      "premises" includes any place and, in particular, includes-

            (a) any vehicle, vessel, aircraft or hovercraft;

            (b) any tent or movable structure;

      "protected animal" has the meaning given by section 2;

      "'suffering" means physical or mental suffering and related expressions shall be construed accordingly;

      "veterinary surgeon" means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36).

  (2) In this Act, references to the occupier of premises, in relation to any vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in charge of the vehicle, vessel, aircraft or hovercraft, and "unoccupied" shall be construed accordingly.

  (3) In this Act, references to a part of premises which is used as a private dwelling include any yard, garden, garage or outhouse which is used for purposes in connection with it.

  (4) In this Act, references to responsibility, in relation to an animal, are to be read in accordance with section 3.

  (5) In this Act, references to the needs of an animal are to be read in accordance with section 9(2).

  (6) In this Act, references to a "relevant post-conviction power" are to a power conferred by-

      (a) section 33, 34, 37 or 42 of this Act,

      (b) section 4(2) of the Performing Animals (Regulation) Act 1925 (c. 38) (power to remove name from register under Act and disqualify from registration),

      (c) section 5(3) of the Pet Animals Act 1951 (c. 35) (power to cancel licence under Act and disqualify from carrying on licensable activity),

      (d) section 3(3) of the Animal Boarding Establishments Act 1963 (c. 43) (provision corresponding to that mentioned in paragraph (c) above),

      (e) section 4(3) of the Riding Establishments Act 1964 (c. 70) (further corresponding provision),

      (f) section 3(4) of the Guard Dogs Act 1975 (c. 50) (power to cancel licence under Act),

      (g) section 6(2) of the Dangerous Wild Animals Act 1976 (c. 38) (power to cancel licence under Act and disqualify from carrying on licensable activity), or

      (h) section 4(4) of the Zoo Licensing Act 1981 (c. 37) (power to refuse licence under Act for conviction for an offence).

§ 63 Financial provisions

  (1) There shall be paid out of money provided by Parliament-

      (a) any expenditure under this Act of the Secretary of State, and

      (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

  (2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.

§ 64 Minor and consequential amendments

  Schedule 3 (minor and consequential amendments) has effect.

§ 65 Repeals

  The enactments specified in Schedule 4 are hereby repealed to the extent specified.

§ 66 Transition

  (1) Each of the Secretary of State, the National Assembly for Wales and the Scottish Ministers may by order make such transitional provision or savings as are considered necessary or expedient in connection with the coming into force of any provision of this Act.

  (2) Power under subsection (1) includes power to make different provision for different cases.

  (3) Section 34(9) shall apply in relation to a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954 (c. 40) (power to disqualify persons convicted of cruelty to animals) as it applies in relation to a disqualification imposed by an order under section 34(1).

  (4) In relation to a person convicted of an offence under section 34(9) by virtue of breaching a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954, section 35(2) shall have effect with the substitution for the words from "owning" to "keeps" of "having custody of an animal in breach of disqualification under section 1 of the Protection of Animals (Amendment) Act 1954, the court by or before which he is convicted may order that all animals of which he has custody".

  (5) Section 43 shall apply in relation to a person who is disqualified by virtue of an order under section 1 of the Protection of Animals (Amendment) Act 1954 as it applies in relation to a person who is disqualified by virtue of an order under section 34 or 42.

  (6) In its application by virtue of subsection (5), section 43(2)(c) shall have effect with the omission of the words " section 34(6), 42(3) or".

§ 67 Extent

  (1) Subject to the following provisions, this Act extends to England and Wales only.

  (2) Sections 46 to 50 and 68(2) extend to Scotland only.

  (3) The following provisions also extend to Scotland-

      (a) sections 57 and 60(1) and (4) to (7), so far as relating to sections 46 to 50,

      (b) section 61(1), so far as relating to sections 66 and 68,

      (c) section 66(1) and (2), this section and sections 68(1), (3) and (4) and 69,

      (d) paragraphs 2, 12 and 14 of Schedule 3, and section 64 so far as relating to them, and

      (e) such of the repeals in Schedule 4 as are mentioned in subsection (4), and section 65 so far as relating to them.

  (4) The repeals referred to are-

      (a) in section 1(3) of the Protection of Animals Act 1934 (c. 21), the provision about the meaning of "horse" and "bull";

      (b) in the Protection of Animals (Amendment) Act 1954 (c. 40)-

            (i) in section 1(1), the words "the Protection of Animals Act 1911 or", and

            (ii) in section 4(1)(a), the words from ", in relation to England" to "in relation to Scotland,";

      (c) in the Protection of Animals (Anaesthetics) Act 1954 (c. 46), section 2(2) and Part 1 of Schedule 2;

      (d) in the Abandonment of Animals Act 1960 (c. 43)-

            (i) section 2(a), and

            (ii) in section 3(2), the words "the Protection of Animals Acts 1911 to 1960, or" and the words ", as the case may be";

      (e) in section 4(2) of the Animals (Cruel Poisons) Act 1962 (c. 26), the words from "and the Protection of Animals Acts 1911" to "and this Act";

      (f) in the Protection of Animals (Anaesthetics) Act 1964 (c. 39), section 2(1)(a);

      (g) in the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)-

            (i) section 7(3), and

            (ii) in section 8(5), the words "the Protection of Animals Acts 1911 to 1964 or".

  (5) The following provisions also extend to Northern Ireland-

      (a) section 61(1), so far as relating to sections 66 and 68,

      (b) section 66(1) and (2), this section and sections 68(1), (3) and (4) and 69, and

      (c) paragraphs 12 and 14 of Schedule 3, and section 64 so far as relating to them.

§ 68 Commencement

  (1) This section and sections 61, 67 and 69 shall come into force on the day on which this Act is passed.

  (2) Sections 46 to 50 shall come into force on such day as the Scottish Ministers may by order appoint.

  (3) The remaining provisions of this Act-

      (a) so far as relating to England, Scotland or Northern Ireland, shall come into force on such day as the Secretary of State may by order appoint, and

      (b) so far as relating to Wales, shall come into force on such day as the National Assembly for Wales may by order appoint.

  (4) Power under subsection (3) includes power to appoint different days for different purposes.

§ 69 Short title

  This Act may be cited as the Animal Welfare Act 2006.


ANIMAL WELFARE ACT 2006 CHAPTER 45 SCHEDULES

SCHEDULE 1 REGULATIONS UNDER SECTION 13

SCHEDULE PART 1 LICENCES FOR THE PURPOSES OF THE SECTION

INTRODUCTORY

Para 1

This Part has effect in relation to regulations under section 13(7) about licences for the purposes of section 13.

LICENSING AUTHORITY

Para 2

Regulations shall provide for the licensing authority to be-

      (a) a local authority, or

      (b) the appropriate national authority.

Para 3

Where the licensing authority is a local authority, regulations may require the licensing authority to have regard in carrying out its functions under the regulations to such guidance as may be issued by the appropriate national authority.

PERIOD OF LICENCE

Para 4

Regulations may, in particular-

      (a) make provision about the period for which licences are to be granted;

      (b) make provision, in connection with the death of the holder of a licence, for the continuation in force of the licence for such period and subject to such conditions as the regulations may provide.

Para 5

Regulations may not provide for licences to be granted for a period of more than 3 years.

EXERCISE OF LICENSING FUNCTIONS

Para 6

Regulations may, in particular-

      (a) require a licensing authority not to grant a licence unless satisfied as to a matter specified in the regulations;

      (b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

Para 7

Regulations shall make provision requiring a licensing authority not to grant a licence authorising the carrying on of an activity on specific premises unless the premises have been inspected as the regulations may provide.

GRANT OF LICENCE SUBJECT TO CONDITIONS

Para 8

(1) Regulations may, in particular, make provision for the grant of a licence subject to conditions.

(2) Provision of the kind mentioned in sub-paragraph (1) may-

      (a) enable a licensing authority to attach conditions to a licence;

      (b) require a licensing authority to attach to a licence conditions specified in the regulations.

BREACH OF LICENCE CONDITION

Para 9

(1) Regulations may provide for breach of a condition of a licence to be an offence.

(2) Regulations may not provide for an offence of breach of condition of a licence to be triable on indictment or punishable with-

      (a) imprisonment for a term exceeding 51 weeks, or

      (b) a fine exceeding level 5 on the standard scale.

(3) Regulations may provide that an offence of breach of condition of a licence is to be treated as a relevant of-fence for the purposes of section 23.

(4) Regulations may apply a relevant post-conviction power in relation to conviction for an offence of breach of condition of a licence.

APPEALS

Para 10

Regulations may, in particular, make provision for appeals in relation to decisions of a licensing authority under the regulations.

FEES

Para 11

Regulations may include provision for fees or other charges in relation to the carrying out of functions of the licensing authority under the regulations.

SCHEDULE PART 2 REGISTRATION FOR THE PURPOSES OF THE SECTION

INTRODUCTORY

Para 12

This Part has effect in relation to regulations under section 13(7) about registration for the purposes of section 13.

REGISTERING AUTHORITY

Para 13

Regulations shall provide for the registering authority to be-

      (a) a local authority, or

      (b) the appropriate national authority.

Para 14

Where the registering authority is a local authority, regulations may require the registering authority to have regard in carrying out its functions under the regulations to such guidance as may be issued by the appropriate national authority.

EXERCISE OF REGISTRATION FUNCTIONS

Para 15

Regulations may, in particular-

      (a) require a registering authority not to register an applicant for registration unless satisfied as to a matter specified in the regulations;

      (b) require a registering authority to have regard, in deciding whether to register an applicant for registration, to a matter specified in the regulations.

APPEALS

Para 16

Regulations may, in particular, make provision for appeals in relation to decisions of a registering authority under the regulations.

FEES

Para 17

Regulations may include provision for fees or other charges in relation to the carrying out of functions of the registering authority under the regulations.

SCHEDULE PART 3 SUPPLEMENTARY

Para 18

Power to make regulations under section 13(7) includes power-

      (a) to make provision for purposes other than the purpose of promoting the welfare of animals for which a per-son is responsible;

      (b) to make different provision for different cases or areas;

      (c) to provide for exemptions from a provision of the regulations, either subject to specified conditions or with-out conditions.

Para 19

(1) Power to make regulations under section 13 includes power to make incidental, supplementary, consequential or transitional provision or savings.

(2) In the case of provision consequential on the repeal of an enactment specified in section 13(8), the power under sub-paragraph (1) includes power-

      (a) to amend or repeal an enactment;

      (b) to make provision for the purpose of continuing the effect of an enactment repealed under paragraph (a).

(3) The power under sub-paragraph (2)(b) includes power to provide that breach of a provision of the regulations is an offence, but does not include power to create an offence triable on indictment or punishable with-

      (a) imprisonment for a term exceeding 51 weeks, or

      (b) a fine exceeding level 5 on the standard scale.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
SAFEGUARDS ETC. IN CONNECTION WITH POWERS OF ENTRY CONFERRED BY WARRANT

Para 1

(1) Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall have effect in relation to the is-sue of a warrant under section 19(4) or 23(1) to an inspector as they have effect in relation to the issue of a warrant under that provision to a constable.

(2) In their application in relation to the issue of a warrant under section 19(4) or 23(1), sections 15 and 16 of that Act shall have effect with the following modifications.

(3) In section 15-

      (a) in subsection (2), omit the words from the end of paragraph (a)(ii) to the end of paragraph (b);

      (b) omit subsections (2A) and (5A);

      (c) in subsection (5), omit the words from "unless" to the end;

      (d) in subsection (6)(a), omit the words from the end of sub-paragraph (iii) to the end of sub-paragraph (iv);

      (e) in subsection (7), omit the words from "(see" to the end.

(4) In section 16-

      (a) omit subsections (3A) and (3B);

      (b) in subsection (9), omit the words after paragraph (b).

Para 2

(1) This paragraph and paragraph 3 have effect in relation to the issue to inspectors of warrants under section 28(4); and an entry on premises under such a warrant is unlawful unless it complies with this paragraph and paragraph 3.

(2) Where an inspector applies for a warrant, he shall-

      (a) state the ground on which he makes the application,

      (b) state the enactment under which the warrant would be issued, and

      (c) specify the premises which it is desired to enter.

(3) An application for a warrant shall be made without notice and supported by an information in writing.

(4) The inspector shall answer on oath any question that the justice of the peace hearing the application asks him.

(5) A warrant shall authorise an entry on one occasion only.

(6) A warrant shall specify-

      (a) the name of the person who applies for it,

      (b) the date on which it is issued, and

      (c) the enactment under which it is issued.

(7) Two copies shall be made of a warrant.

(8) The copies shall be clearly certified as copies.

Para 3

(1) A warrant may be executed by any inspector.

(2) A warrant may authorise persons to accompany any inspector who is executing it.

(3) A person authorised under sub-paragraph (2) has the same powers as the inspector whom he accompanies in respect of the execution of the warrant, but may exercise those powers only in the company, and under the supervision, of an inspector.

(4) Execution of a warrant must be within three months from the date of its issue.

(5) Execution of a warrant must be at a reasonable hour unless it appears to the inspector executing it that the purpose of entry may be frustrated on an entry at a reasonable hour.

(6) Where the occupier of premises which are to be entered under a warrant is present at the time when an inspector seeks to execute it, the inspector shall-

      (a) identify himself to the occupier and shall produce to him documentary evidence that he is an inspector,

      (b) produce the warrant to him, and

      (c) supply him with a copy of it.

(7) Where-

      (a) the occupier of premises which are to be entered under a warrant is not present when an inspector seeks to execute it, but

      (b) some other person who appears to the inspector to be in charge of the premises is present,

sub-paragraph (6) shall have effect as if any reference to the occupier were a reference to that other person.

(8) If there is no person present who appears to the inspector to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

(9) A warrant which-

      (a) has been executed, or

      (b) has not been executed within the time authorised for its execution,

shall be returned to the designated officer for the local justice area in which the justice of the peace who issued the warrant was acting when he issued it.

(10) A warrant which is returned under sub-paragraph (9) shall be retained by the officer to whom it is returned for 12 months from its return.

(11) If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO PRODUCE EVIDENCE OF IDENTITY

Para 4

(1) This paragraph applies to a power of entry conferred by section 19(1), 22(2), 26(2), 27(2), 28(2) or 29(2).

(2) A person may only exercise a power of entry to which this paragraph applies if on request-

      (a) he produces evidence of his identity and of his entitlement to exercise the power;

      (b) he outlines the purpose for which the power is exercised.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO TAKE PERSONS ONTO PREMISES

Para 5

In exercising a power to which paragraph 4 applies, a person may take with him onto the premises such persons as he thinks appropriate.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO EXERCISE POWER OF ENTRY AT REASONABLE TIME

Para 6

Entry under a power to which paragraph 4 applies shall be at a reasonable time, unless it appears to the person exercising the power that the purpose for which he is exercising the power would be frustrated on entry at a reasonable time.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO REQUIRE ASSISTANCE

Para 7

(1) This paragraph applies to a power of entry conferred by-

      (a) section 19(1), 22(2), 26(2), 27(2), 28(2) or 29(2), or

      (b) a warrant under section 19(4), 22(4), 23(1) or 28(4).

(2) Where a person enters premises in the exercise of a power of entry to which this paragraph applies, he may re-quire any qualifying person on the premises to give him such assistance as he may reasonably require for the purpose for which entry is made.

(3) The reference in sub-paragraph (2) to a qualifying person is to-

      (a) the occupier of the premises;

      (b) any person who appears to the person exercising the power to be responsible for animals on the premises;

      (c) any person who appears to the person exercising the power to be under the direction or control of a person mentioned in paragraph (a) or (b).

(4) In the case of a power under section 26(2), the reference in sub-paragraph (2) to a qualifying person also includes the holder of a licence-

      (a) specifying the premises as premises on which the carrying on of an activity is authorised, or

      (b) relating to an activity which is being carried on the premises.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
POWER TO TAKE EQUIPMENT ONTO PREMISES

Para 8

In exercising a power to which paragraph 7 applies, a person may take with him such equipment and materials as he thinks appropriate.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
DUTY TO LEAVE PREMISES SECURED

Para 9

If, in the exercise of a power of entry to which paragraph 7 applies, a person enters premises which are unoccupied, he shall leave them as effectively secured against entry as he found them.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH INSPECTION AND SEARCH

Para 10

(1) This paragraph applies to-

      (a) a power of inspection conferred by section 26(1), 27(1), 28(1) or 29(1), and

      (b) a power of search conferred by a warrant under section 23(1).

(2) A person exercising a power to which this paragraph applies may-

      (a) inspect an animal found on the premises;

      (b) inspect any other thing found on the premises, including a document or record (in whatever form it is held);

      (c) carry out a measurement or test (including a measurement or test of an animal found on the premises);

      (d) take a sample (including a sample from an animal found on the premises or from any substance on the premises which appears to be intended for use as food for such an animal);

      (e) mark an animal found on the premises for identification purposes;

      (f) remove a carcass found on the premises for the purpose of carrying out a post-mortem examination on it;

      (g) take copies of a document or record found on the premises (in whatever form it is held);

      (h) require information stored in an electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form;

      (i) take a photograph of anything on the premises;

      (j) seize and detain or remove anything which the person exercising the power reasonably believes to be evidence of any non-compliance, or of the commission of any offence, relevant to the purpose for which the inspection or search is made.

(3) A person taken onto premises under paragraph 5 may exercise any power conferred by sub-paragraph (2) if he is in the company, and under the supervision, of a person exercising a power to which this paragraph applies.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH INSPECTION AND SEARCH

Para 11

A person who takes a sample from an animal pursuant to paragraph 10(2)(d) shall give a part of the sample, or a similar sample, to any person appearing to be responsible for the animal, if, before the sample is taken, he is re-quested to do so by that person.

Para 12

(1) Paragraph 10(2)(j) does not include power to seize an item which the person exercising the power has reason-able grounds for believing to be subject to legal privilege (within the meaning of section 10 of the Police and Criminal Evidence Act 1984 (c. 60)).

(2) A person who seizes anything in exercise of the power under paragraph 10(2)(j) shall on request provide a re-cord of the thing seized to a person showing himself-

      (a) to be the occupier of premises on which it was seized, or

      (b) to have had possession or control of it immediately before its seizure.

(3) Subject to sub-paragraph (4), anything which has been seized in the exercise of a power under paragraph 10(2)(j) may be retained so long as is necessary in all the circumstances and in particular-

      (a) for use as evidence at a trial for a relevant offence, or

      (b) for forensic examination or for investigation in connection with a relevant offence.

(4) Nothing may be retained for either of the purposes mentioned in sub-paragraph (3) if a photograph or a copy would be sufficient for that purpose.

Para 13

As soon as reasonably practicable after having exercised a power to which paragraph 10 applies, the person who exercised the power shall-

      (a) prepare a written report of the inspection or search, and

      (b) if requested to do so by the occupier of the premises, give him a copy of the report.

Para 14

(1) A person exercising a power of search conferred by a warrant under section 23(1) may (if necessary) use reasonable force in the exercise of powers under paragraph 10 in connection with the execution of the warrant.

(2) A person carrying out an inspection under section 28(1) on premises which he is authorised to enter by a war-rant under section 28(4) may (if necessary) use reasonable force in the exercise of powers under paragraph 10 in connection with the inspection.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
FUNCTIONS IN CONNECTION WITH ENTRY UNDER SECTION 19

Para 15

(1) Where a person enters premises in exercise of a power of entry conferred by section 19(1), or by a warrant under section 19(4), he may-

      (a) inspect an animal found on the premises;

      (b) remove a carcass found on the premises for the purposes of carrying out a post-mortem examination on it;

      (c) remove for those purposes the carcass of an animal destroyed on the premises in exercise of power conferred by section 18(3) or (4);

      (d) take a photograph of anything on the premises.

(2) Where a person exercising a power of entry under section 19(1) takes another person with him under paragraph 5, the other person may exercise any power conferred by sub-paragraph (1) if he is in the company, and under the supervision, of the person exercising the power of entry.

SCHEDULE 2 POWERS OF ENTRY, INSPECTION AND SEARCH: SUPPLEMENTARY
OFFENCES

Para 16

A person commits an offence if he-

      (a) intentionally obstructs a person in the lawful exercise of a power to which paragraph 7 or 10 applies;

      (b) intentionally obstructs a person in the lawful exercise of a power conferred by this Schedule;

      (c) fails without reasonable excuse to give any assistance which he is required to give under paragraph 7.

SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

Para 1 Performing Animals (Regulation) Act 1925 (c. 38)

In section 4 of the Performing Animals (Regulation) Act 1925 (offences and legal proceedings), in subsection (2), after "enactment," insert "or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006".

Para 2 Cinematograph Films (Animals) Act 1937 (c. 59)

In section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of films involving cruelty to animals), in subsection (4), for paragraph (b) substitute-

"(b) in relation to England and Wales, the expression "animal" means a "protected animal" within the meaning of the Animal Welfare Act 2006."

Para 3 Pet Animals Act 1951 (c. 35)

(1) Section 2 of the Pet Animals Act 1951 (pets not to be sold in streets etc.) ceases to have effect.

(2) In section 5 of that Act (offences and disqualifications), in subsection (3), after "1912," insert "or of any of-fence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006,".

Para 4 Protection of Animals (Amendment) Act 1954 (c. 40)

(1) In the Protection of Animals (Amendment) Act 1954, after section 2 insert-

"2A Breach of disqualification order

(1) If a person has custody of any animal in contravention of an order made under this Act by a court in Scotland, he shall be liable on summary conviction to-

      (a) imprisonment for a term not exceeding 51 weeks, or

      (b) a fine not exceeding level 3 on the standard scale.

or to both.

(2) This section applies to orders made before, as well as to orders made after, the coming into force of this section."

(2) In relation to an offence under the inserted section 2A committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (1)(a) of the section to 51 weeks is to be read as a reference to 6 months.

Para 5 Animal Boarding Establishments Act 1963 (c. 43)

(1) In section 1 of the Animal Boarding Establishments Act 1963 (licensing of boarding establishments for animals), in subsection (2), at the end of paragraph (e) insert

"or- (f) under section 34(2), (3) or (4) of the Animal Welfare Act 2006,".

(2) In section 3 of that Act (offences and disqualification), in subsection (3), after "1951," insert "or of any offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006,".

Para 6 Riding Establishments Act 1964 (c. 70)

(1) In section 1 of the Riding Establishments Act 1964 (licensing of riding establishments), in subsection (2), at the end of paragraph (f) insert

"or- (g) under section 34(2), (3) or (4) of the Animal Welfare Act 2006".

(2) In section 4 of that Act (penalties and disqualification), in subsection (3), after "1963," insert "or of any of-fence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006,".

Para 7 Breeding of Dogs Act 1973 (c. 60)

In section 1 of the Breeding of Dogs Act 1973 (licensing of breeding establishments for dogs), in subsection (2), at the end of paragraph (f) insert

"or- (g) under section 34(2), (3) or (4) of the Animal Welfare Act 2006,".

Para 8 Guard Dogs Act 1975 (c. 50)

In section 3 of the Guard Dogs Act 1975 (guard dog kennel licences), in subsection (4), after "1973," insert "or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006,".

Para 9 Dangerous Wild Animals Act 1976 (c. 38)

In section 6 of the Dangerous Wild Animals Act 1976 (penalties), in subsection (2)-

      (a) for "Protection of Animals Acts 1911 to 1964," substitute " Protection of Animals Act 1911,",

      (b) after "1912 to 1964," insert "the Performing Animals (Regulation) Act 1925,",

      (c) after "1951," insert "the Animals (Cruel Poisons) Act 1962,", and

      (d) after "1973," insert "or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006,".

Para 10 Magistrates' Courts Act 1980 (c. 43)

In section 108 of the Magistrates' Courts Act 1980 (right of appeal to the Crown Court), in subsection (3)(c), for " section 2 of the Protection of Animals Act 1911" substitute " section 37(1) of the Animal Welfare Act 2006".

Para 11 Zoo Licensing Act 1981 (c. 37)

In section 4 of the Zoo Licensing Act 1981 (grant or refusal of licence), in subsection (5)-

      (a) for "the Protection of Animals Acts 1911 to 1964" substitute "the Protection of Animals Act 1911",

      (b) after the entry for the Protection of Animals (Scotland) Acts 1912 to 1964, insert- "the Performing Animals (Regulation) Act 1925;",

      (c) after the entry for the Pet Animals 1951, insert- "the Animals (Cruel Poisons) Act 1962;", and

      (d) at the end, insert- " sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006."

Para 12 Animals (Scientific Procedures) Act 1986 (c. 14)

(1) In section 22(5) of the Animals (Scientific Procedures) Act 1986 (penalties for contraventions)-

      (a) for " section 1 of the Protection of Animals Act 1911" substitute "any of sections 4, 5, 6(1) and (2), 7 and 8 of the Animal Welfare Act 2006", and

      (b) at the end insert "(rather than any penalty by way of imprisonment or fine provided for in those Acts)".

(2) In section 26 of that Act (prosecutions), in subsection (1)(b), for " section 1 of the Protection of Animals Act 1911" substitute "any of sections 4, 5, 6(1) and (2) and 7 to 9 of the Animal Welfare Act 2006".

(3) In section 29 of that Act (application to Northern Ireland), for subsection (5) substitute- "(5) In section 22(5) above for the reference to sections 4, 5, 6(1) and (2), 7 and 8 of the Animal Welfare Act 2006 there shall be substituted a reference to sections 13 and 14 of the Welfare of Animals Act (Northern Ireland) 1972.

(5A) In section 26(1)(b) above for the reference to sections 4, 5, 6(1) and (2) and 7 to 9 of the Animal Welfare Act 2006 there shall be substituted a reference to sections 13 and 14 of the Welfare of Animals Act (Northern Ireland) 1972."

Para 13 Wild Mammals (Protection) Act 1996 (c. 3)

For section 3 of the Wild Mammals (Protection) Act 1996 (interpretation) substitute- "3 Interpretation

In this Act "wild mammal" means any mammal which is not a "protected animal" within the meaning of the Animal Welfare Act 2006."

Para 14 Criminal Justice and Police Act 2001 (c. 16)

(1) In section 57 of the Criminal Justice and Police Act 2001 (retention of seized items), in subsection (1), at the end insert-

"(r) paragraph 12(3) of Schedule 2 to the Animal Welfare Act 2006."

(2) In section 66 of that Act (general interpretation of Part 2), in subsection (4), at the end insert-

"(p) sections 26(1), 27(1), 28(1) and 29(1) of the Animal Welfare Act 2006 (inspection in connection with licences, inspection in connection with registration, inspection of farm premises and inspection relating to Community obligations)."

(3) In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50 applies), at the end insert- "Animal Welfare Act 2006 73I The power of seizure conferred by paragraph 10(2)(j) of Schedule 2 to the Animal Welfare Act 2006."

SCHEDULE 4 REPEALS

Para 1

INTRODUCTION

1. These explanatory notes relate to the Animal Welfare Act 2006 which received Royal Assent on 8 November 2006. They have been prepared by the Department for Environment, Food and Rural Affairs (Defra) in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.

BACKGROUND

3. The Act brings together and updates legislation that exists to promote the welfare of vertebrate animals, other than those in the wild. The categories of animals that are protected under the Act depend on the offence in question. For example, the duty to ensure an animal's welfare only applies to animals that are owned or for which someone is otherwise responsible, but the cruelty and fighting offences have a wider application. The Act has only limited application to animals in research establishments, the welfare of which is regulated by the Animals (Scientific Procedures) Act 1986. The Act aligns welfare standards for farmed animals, which have generally kept in line with developments in scientific understanding, and non-farmed animals which are largely protected by laws formulated in the early twentieth century.

4. The legislation that this Act repeals is set out in Schedule 4.

5. A draft Bill was published in July 2004 (Cm 6252). The draft followed a public consultation conducted between 2 January 2002 and 30 April 2002. (Analysis of the responses to that consultation can be found on the Defra website at http:// www.defra.gov.uk/animalh/welfare/domestic/awbillconsultanalysis.pdf.)

6. In the second half of 2004, the House of Commons Select Committee on Environment, Food and Rural Affairs carried out pre-legislative scrutiny of the draft Bill. The Select Committee published its report on 8 December 2004 (HC 52-I and II). On 3 March 2005 EFRA published Defra's response to the Committee's report (HC 385). Both the Report and the response are available on the UK Parliament's website at:

www.publications.parliament.uk/pa/cm200405/cmselect/cmenvfru/cmenvfru.htm. The Committee published a further report on 14 December 2005 (HC 683). This report is available at www.publications.parliament.uk/pa/cm/cmenvfru.htm No response was required as the report contained no recommendations.

OVERVIEW

7. The Act covers various aspects of animal welfare and sections are grouped under 11 headings. These are as follows:

Introductory Sections 1 to 3 set out the scope of the Act and define the different categories of animal to which the Act applies.

Prevention of harm Sections 4 to 8 set out offences relating to cruelty and animal fighting.

Promotion of welfare Sections 9 to 12 set out specific offences which relate to the promotion of welfare. Section 9 imposes a duty to ensure welfare. Section 10 empowers inspectors under the Act to issue improvement notices to those responsible for animals. Section 11 relates to the sale of animals to persons under 16 and the giving of animals as prizes to unaccompanied under 16s. Section 12 provides for the making of regulations for the purpose of promoting the welfare of animals for which a person is responsible.

Licensing and registration Section 13 confers power to make regulations that will require people conducting certain activities involving animals to register or hold a licence, and to deal with existing licensing or registration regimes relating to such activities.

Codes of practice Sections 14 to 17 contain details of the purpose and function of Codes of Practice along with details of how they will be made, amended and revoked.

Animals in distress Sections 18 to 21 describe the powers which an inspector or constable has to enter premises and remove animals which are in distress, including powers to take the animal into possession or to destroy it. Further, they set out the procedure for the treatment, release, sale, other disposal or destruction of animals under these sections.

Enforcement powers Sections 22 to 29 set out the enforcement powers contained in the Act, including the powers of entry and search, seizure of animals and inspection under certain conditions.

Prosecutions Sections 30 and 31 give local authorities the power to prosecute proceedings for any offence under the Act and set time limits for prosecutions.

Post-conviction powers Sections 32 to 45 set out the penalties available on conviction. They include imprisonment, fine, deprivation, disqualification, destruction, forfeiture of equipment and cancellation of a licence or registration.

Scotland Sections 46 to 50 make provision for disqualification orders under the Act to apply across Great Britain and for the powers of the Scottish courts in relation to breach in Scotland of disqualification under the Act.

General Sections 51 to 69

Schedule 1 (Regulations under section 13)

Schedule 2 (Powers of entry, inspection and search: supplementary)

Schedule 3 (Minor and consequential amendments)

Schedule 4 (Repeals)

TERRITORIAL EXTENT

8. The Act extends to England and Wales. It extends to Scotland only in respect of (a) section 46, which enables disqualification orders made by the courts in England and Wales to have force in Scotland, (b) sections 47 to 50, which make provision about the powers of the Scottish courts to enforce in Scotland of disqualification orders under the Act, (c) repeals of certain legislation and (d) commencement orders. It extends to Northern Ireland in respect of certain consequential and minor amendments only.

TERRITORIAL APPLICATION: WALES

9. In relation to England, all of the regulation and order making powers contained in the Act are to be exercised by the Secretary of State. In relation to Wales all of those same powers are to be exercised by the National Assembly for Wales. Unlike for England, the Act does not set out the parliamentary procedure for codes of practice issued by the National Assembly for Wales, although such codes will be subject to scrutiny in accordance with the Assembly's Standing Orders. In all other respects the Act affects England and Wales in the same way.

APPLICATION TO THE SEA

10. The Act will apply to all inland waters (rivers, streams, lakes and ponds) and to estuaries. It will not apply to the sea.

COMMENTARY ON SECTIONS

Introductory

Section 1: Animals to which the Act applies

11. The Act will apply only to vertebrate animals, as these are currently the only demonstrably sentient animals. However, section 1(3) makes provision for the appropriate national authority to extend the Act to cover invertebrates in the future if they are satisfied on the basis of scientific evidence that these too are capable of experiencing pain or suffering.

12. In the case of Wales, the "appropriate national authority" means the National Assembly for Wales, and for England it means the Secretary of State.

Section 2: "Protected animal"

13. This section, together with section 3, establishes the scope of the principal offences under the Act, by defining those animals which the Act will cover. The cruelty and fighting offences (Sections 4-8) extend to "protected animals" as defined in this section, whereas the welfare offence (Section 9) applies to animals for which a person is "responsible" as that word is to be understood under section 3.

14. Animals of a kind commonly domesticated in the British Islands are to be "protected animals", whether they can be said to be under the control of man or not. This ensures that, for example, stray dogs and feral cats are covered. Kinds of animals which are to be considered commonly domesticated in the British Islands are those whose collective behaviour, life cycle, or physiology has been altered as a result of their breeding and living conditions being under human control, in the British Islands, for multiple generations.

15. Animals of a kind not commonly domesticated in the British Islands are only "protected animals" to the extent that they are under the control of man or are not living independently in the wild. "Under control" is intended to be a broader expression than "captive animal", which was used in an equivalent context in the Protection of Animals Act 1911 ("the 1911 Act"). The latter expression was interpreted narrowly in the courts. "Not living in a wild state" is intended to cover those animals which may have ceased to be under the control of man, and therefore do not fall within section 2(b), but are not yet living wild, including (though not limited to) animals which have escaped, for example from a zoo or circus.

Section 3: Responsibility for animals

16. Sections 4(2), 5(2), 6(2), 7(2) and 9 only apply to persons who are "responsible for an animal" as that phrase is understood under this section. Similarly, the power to issue improvement notices in section 10 and the regulation-making power in section 12 can be exercised only in relation to animals for which a person is responsible. The same is true for licensing and registration provisions under section 13.

17. Responsibility for an animal is only intended to arise where a person can be said to have assumed responsibility for its day-to-day care or for its care for a specific purpose or by virtue of owning it. This will include a person who assumes responsibility for the animal temporarily (subsection (1)) such as, for example, a veterinary surgeon taking responsibility for the animals kept in his surgery overnight, staff at boarding premises, and staff at animal sanctuaries.

Prevention of harm

Section 4: Unnecessary suffering

18. The 1911 Act makes it an offence to cause unnecessary suffering to any domestic or captive animal, with limited exceptions including suffering caused under the Animals (Scientific Procedures) Act 1986. The 1911 Act has formed the basis for most prosecutions concerning animal cruelty and has been amended by several subsequent Acts. The provisions of the 1911 Act no longer reflect modern practice. Excepting the restriction to vertebrates, this section is intended to replicate the protection provided by the 1911 Act, but to simplify and update the legislation.

19. Subsection (1) sets out the circumstances in which a person who causes an animal to suffer commits an offence. It will be an offence to cause physical or mental suffering, whether this is by a positive act or an omission, to a protected animal where this is unnecessary and the person knew or could be expected to know that an animal would suffer as a result. The effect of paragraph (b) is to introduce an objective mental element. It will not be necessary to prove that a defendant actually knew his act or failure to act would cause suffering.

20. Subsection (2) provides that a person responsible for an animal who permits another person to cause unnecessary suffering will commit an offence. He will also commit an offence if he fails to take reasonable steps to prevent the suffering from taking place, for example, a failure of supervision. An offence of 'permitting' unnecessary suffering caused by another can only be committed by a person in relation to an animal for which he is responsible. See further section 3.

21. Subsection (3) sets out considerations to which the courts should have regard in determining whether the suffering is unnecessary. Considerations focus on the necessity, proportionality, humanity and competence of the con-duct. The court should take all relevant considerations into account, weighing them against each other as appropriate. Where, for example, a horse suffers while being used for the purpose of riot control, this may well be considered necessary for the purposes of protecting persons or property (one of the considerations specified in the section). Or, where legitimate pest control activities entail an animal suffering, a court may consider whether this was in compliance with a relevant enactment, for a legitimate purpose, and proportionate to that purpose. The court would also consider the extent to which the suffering could reasonably have been avoided or reduced (another of the considerations specified in the section). Where suffering inevitably occurs in the course of complying with any regulations, licence or code of practice an offence would not normally be committed.

Section 5: Mutilation

22. This section prohibits the mutilation (referred to as a "prohibited procedure") of any protected animal unless the procedure has been exempted from the general prohibition by regulations made under subsection (4). The expression "protected animal" is defined in section 2.

23. Subsection (3) defines the term "carrying-out of a prohibited procedure".

24. Subsection (4) makes provision for the Secretary of State and the National Assembly for Wales to specify procedures which will be exempted from subsections (1) and (2).

25. Subsection (5) imposes a duty on the Secretary of State and the National Assembly for Wales to consult before introducing regulations under subsection (4).

26. Subsection (6) makes clear that docking a dog's tail is outside the scope of this section. This is to be considered solely under section 6.

Section 6: Docking of dogs' tails

27. Section 6 prohibits the docking of a dog's tail, otherwise than for the purposes of its medical treatment, the dog is a certified working dog and is not more than 5 days old. It also restricts the showing of docked dogs. A dog docked after this section comes into force can only be shown if it is for the purpose of demonstrating its working abilities.

28. Subsections (1) and (2) make it an offence for a person to dock a dog's tail, or for a person responsible for a dog to cause its tail to be docked or permit it to be docked, otherwise than for the purpose of its medical treatment.

29. Subsections (3) and (4) stipulate that an offence would not be committed under subsection (1) or (2) if the dog was under 5 days old and a vet had certified that he had seen evidence that it was likely to work. This would not affect the Veterinary Surgeons Act 1966 which provides that the docking of a dog's tail can only be done by a vet. Subsections (4), (5) and (6) provide for the appropriate national authority to make regulations specifying both the evidence that a vet must see before he can certify the dog as a working dog, what types of work will qualify a dog as a working dog and the types (breed) of dog that may be exempted from the ban.

30. Subsection (7) sets out a defence available in respect of the subsection (1) and (2) offences. A person who docks a dog's tail, or causes or permits a dog's tail to be docked, will not commit an offence if he reasonably believes that the dog is under 5 days old and that a vet has certified it as a working dog. For example, if a vet docked the tail of a 6 day old police dog, reasonably believing it was 4 days old, he would not commit an offence.

31. Subsection (8) requires a person who owns a dog which was legitimately docked by a vet to ensure that the dog is identified as having been legally docked. The owner will commit an offence if he does not take reasonable steps to ensure that his docked dog is so identified before it is three months old. Subsection (13)(b) allows the appropriate national authority to make regulations about the method of identification required, e.g. micro-chipping.

32. Subsections (9) to (11) introduce a restriction on the showing of docked dogs. Subsection (9) makes it an offence to show a dog at an event to which a fee-paying public is admitted if the dog has had its tail removed. It will be irrelevant, for these purposes, whether the dog's tail was removed in England and Wales or elsewhere. This ban on showing will apply to all dogs whose tail was removed after the date on which this section comes into force.

33. Subsection (10) provides an exemption to that ban if a certified working dog is being shown only for the purpose of demonstrating its working ability. Subsection (11) ensures that a person would not be liable to conviction if he could show that he reasonably believed either that the dog was docked before the section came into force, that the fee paying public was not being admitted or that the dog was a certified working dog demonstrating its working abilities.

34. Subsection (13) allows the appropriate national authority to make regulations about the functions of inspectors in enforcing this section. This will enable the appropriate national authority to make provision, for example, empowering an inspector to inspect a certificate or read a microchip on a dog.

Section 7: Administration of poisons etc.

35. This provision, which replaces section 1(1)(d) of the 1911 Act, creates offences relating to the administration to a protected animal of any poisonous substance or drug where the person has no lawful authority or reasonable excuse.

36. Under subsection (2), when a person is responsible for an animal, he must not permit another person to administer a poisonous or injurious substance or drug to the animal, unless that person has a lawful authority or reasonable excuse. Furthermore, a person responsible for an animal must take reasonable steps to prevent any other person from administering any drug or substance that he knows to be poisonous or injurious to the animal.

37. Under this section it is not necessary to show that the animal did in fact suffer as a result of the prohibited action in order to establish liability. It is, however, necessary to show that the person accused of the offence knew the poisonous nature of the substance administered to the animal. While this mental element relates to the nature of the substance administered, the term "administer" should be understood as indicating a deliberate action. Accidental poisoning will not be caught by section 7.

38. Subsection (3) provides for the offences in subsections (1) and (2) to apply in cases where substances that are otherwise harmless have been administered in a harmful quantity or way.

Section 8: Fighting etc.

39. This section creates a specific offence of animal fighting, which in the 1911 Act was subsumed under the general heading of "offences of cruelty".

40. The offences under the section replace the offences under sections 1(1)(c), 5A and 5B of the 1911 Act.

41. Subsection (1)(a) will penalise a person causing an animal fight, or attempting to do so. Subsections (1)(b)-(i) cover various activities relating to animal fights, such as receiving money for admission, publicising a fight, training an animal to fight and taking part in a fight.

42. Subsection (2) will make it an offence to be present at an animal fight without lawful authority or reasonable excuse.

43. Subsection (3) creates offences relating to recordings of animal fights that took place in Great Britain after this section becomes law. It will be an offence to supply, publish, show, or possess with intent to supply, such a re-cording without lawful authority or reasonable excuse. An exemption from these offences is provided in subsection (5) for recordings used, or intended for use, in a "programme service" as defined in the Communications Act 2003.

44. Subsection (6) makes provision to ensure that the national authority can comply with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (Directive on electronic commerce). The Directive requires that the offence is extended to information society service providers established in the UK but who operate (for ex-ample by publishing) in another EEA State. The government intends to effect this extension by making regulations under section 2(2) of the European Communities Act 1972. Subsection (6) will ensure that the same penalties can be applied to such providers as to others who commit the offence, when the offence is extended.

45. Subsection (7) defines an animal fight as an occasion on which a protected animal is placed with an animal or with a human, for the purpose of fighting, wrestling or baiting. The provision applies to any protected animal which under section 2 includes any animal under the control of man, whether on a permanent or temporary basis. As a result, a person commits an offence in relation to an animal fight even if there is no one who is responsible for the animal or animals involved within the meaning of section 3.

46. Legitimate pest control activities which involve the use of one animal to catch another will not fall within the definition of an animal fight, as the animals are not placed together for the purpose of fighting, wrestling or baiting.

47. Subsection (7) defines a video recording as a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image. This definition will not cover still photographs.

Promotion of welfare

Section 9: Duty of person responsible for animal to ensure welfare

48. The welfare offence in this section extends to non-farmed animals similar provisions found in the Welfare of Farmed Animals (England) Regulations 2000 (made under Part 1 of the Agriculture (Miscellaneous Provisions) Act 1968), which ensure the welfare of livestock situated on agricultural land. A duty to ensure welfare will therefore apply to all animals for which someone is responsible, as defined in section 3. Where someone is responsible for an animal, he has a duty to take steps that are reasonable in all the circumstances to ensure its needs are met to the ex-tent required by good practice (subsection (1)).

49. Note that the duty will apply when a person abandons an animal for which he is responsible. The Abandonment of Animals Act 1960 is repealed and effectively replaced by this section, and anyone who leaves an animal without taking reasonable steps to ensure that it is capable of fending for itself and living independently will commit an offence under section 9. If the animal actually suffers as a result of its abandonment, there may also be an offence committed under section 4.

50. Note also that when a person transfers responsibility for an animal to another temporarily, the duty will apply in so far as he must take reasonable steps to ensure that the person to whom he transfers responsibility will care for it appropriately. Whether he fulfils his duty will depend on whether the steps he took to ascertain the competence of the person to whom he transferred responsibility were "reasonable in all the circumstances" under section 9(1).

51. Subsection (2) specifies some of the needs that a person responsible for an animal is required to meet (to the extent required by good practice), in order to avoid committing an offence under the section.

52. Subsection (3) specifies certain matters to which the courts should have regard, when considering whether a person has committed an offence under this section. The provision recognises that some otherwise lawful practices may prevent or hinder a person from ensuring that all of the welfare needs specified in subsection (2) can be met, and requires the courts to take this into account when considering what is reasonable in the circumstances of the case

53. Note that subsection (3) does not provide those responsible for animals with an absolute defence under this section. It will direct courts to take a lawful purpose or a lawful activity into account as one factor in the balance; it will not mean that no offence can be committed under this section so long as the activity or purpose is lawful.

54. Subsection (4) clarifies that the killing of an animal is not in itself inconsistent with the duty to ensure its welfare, if done in an appropriate and humane manner.

Section 10: Improvement notices

55. Section 10 empowers inspectors under the Act to issue 'improvement notices' to those responsible for animals, if they are of the opinion that the requirements of section 9 are not being met.

56. Subsection (1) stipulates the information that an improvement notice must contain. The inspector must state that he believes the person is failing to comply with section 9 and the respects in which he believes the person is failing to comply; state the steps that should be taken in order to comply and the time in which they must be taken; and explain the effect of subsections (2) and (3).

57. Subsection (2) ensures that no prosecution under section 9 can be initiated in respect of the non-compliance specified in the notice, or any continuation of that non-compliance, until the period for complying with the notice has passed. This will not affect the ability of enforcers to bring prosecutions under section 9 for non-compliance that is not specified in the notice -- for example, a prosecution could still be initiated during the compliance period in relation to animals not specified in the notice (for failure to feed a flock of sheep, if the notice was issued for failure to feed a herd of cattle), or in relation to behaviour not specified in the notice (for failure to water when the notice relates to feed).

58. Subsection (3) provides that, where a person responsible for an animal takes the steps specified in a notice is-sued under subsection (1) within the time specified, no prosecution can be brought under section 9 for the non-compliance in relation to which the notice was issued, or any continuation of that non-compliance prior to the taking of the steps specified in the notice. This means that a person who takes the steps required by an inspector within the specified time will have a shield from prosecution under section 9, in relation to that particular instance of non-compliance with section 9.

59. This section will not affect the ability of enforcers to bring prosecutions under section 9 without issuing a notice first, or their ability to bring prosecutions in respect of non-compliance that is not specified in the notice (e.g. in respect of failure to feed cattle, where the notice relates to failure to feed sheep), or in respect of subsequent non-compliance (e.g. where a person takes the steps required by the notice, but two months later lapses again).

60. Subsection (4) provides that an inspector may extend, or further extend, the compliance period if he considers it appropriate.


EXPLANATORY NOTE

Para 1

Section 11: Transfer of animals by way of sale or prize to persons under 16

61. Subsections (1) and (2) prohibit vendors from selling animals to any person under 16 in circumstances where they have reasonable cause to believe that the person is under 16. The prohibition applies equally to the direct sale of an animal and to any indirect sale that may accompany an otherwise legal transaction. The section extends the scope of the existing offence in section 3 of the Pet Animals Act 1951, which prohibits the sale of pet animals to children under 12.

62. Subsections (3) and (4) make it an offence to enter into an arrangement with a person reasonably believed to be under 16, who is not accompanied by an adult, whereby an animal is to be won as a prize, except in the circum-stances specified.

Section 12: Regulations to promote welfare

63. Section 12 enables the Secretary of State and the National Assembly for Wales to make regulations to promote the welfare of animals for which a person is responsible, or the progeny of such animals. Those regulations made by the Secretary of State will be subject to affirmative resolution in Parliament. Including the progeny of animals in this regulation-making power enables regulations to be introduced governing animal breeding that protect the offspring as well as the parent animal.

64. Subsection (1) creates a general power to make regulations for the purpose of promoting the welfare of animals for which a person is responsible.

65. Subsection (2) provides a non-exhaustive list of purposes for which the regulation-making power in subsection (1) may be exercised. This includes power to make regulations specifying how people responsible for animals should meet their animals' needs (section 62(5) provides that an "animal's needs" are to be understood as including those set out in section 9(2)).

66. Subsection (3) authorises the appropriate national authority to make it an offence to breach specified provisions of the regulations and confers associated powers. The power to apply a "relevant post-conviction power" in relation to conviction for an offence under the regulations enables the regulations to provide that conviction for certain offences will have certain consequences. For example, the regulations could provide that, on conviction for breach of a specified regulation, the court should have power to disqualify a person from owning animals under section 34. The phrase "relevant post-conviction power" is defined at section 62(6).

67. Subsection (6) imposes a duty on the Secretary of State and the National Assembly for Wales to consult interested parties before introducing regulations under this section.

Licensing and registration

Section 13: Licensing or registration of activities involving animals

68. Under subsection (1) regulations made for the purpose of promoting animal welfare may require certain animal-related activities to be licensed by the local authority or appropriate national authority. At present, licensing regimes contain many identical or similar provisions and are to be found in a variety of statutes and secondary legislation.

69. Under subsection (3) activities may be subject to a registration rather than a licensing requirement. The registration procedure would be used in cases where it is necessary for the enforcement authority to know of the existence and location of organisations or individuals who are keeping specific animals or carrying on particular activities, but where the additional controls and costs of a licensing regime are either unnecessary or would be unduly burdensome.

70. Subsection (5) provides that licensing and registration requirements may only be introduced for the purposes of promoting the welfare of animals for which a person is responsible, or the progeny of those animals.

71. Subsection (6) provides that it is an offence to carry on an activity for which a licence or registration is required without being licensed or registered. Schedule 1 makes further provision about licensing and registration under this power; see the relevant explanatory note.

72. Subsection (7) enables the Secretary of State or the National Assembly for Wales to set out the regimes introducing a licence or registration requirement in regulations. As now, licensing and registration will normally be the responsibility of the local authority, though under the Act it would be possible in principle to fulfill this function centrally. Regarding entry and inspection in connection with licensed and registered activities, see the explanatory notes for sections 25 to 27.

73. Subsection (8) enables the Secretary of State or National Assembly for Wales to repeal the provisions of existing Acts that impose licence or registration requirements relating to activities involving animals. Other provisions of the relevant Acts which assume the existence of the licence or registration requirement may be consequentially re-pealed (see paragraph 19(2) of Schedule 1). The power will be exercised where it is decided to replace provision for licensing or registration in an existing Act with provision for licensing or registration in regulations. The power will also enable provision for licensing or registration in an existing Act to be repealed without replacement should that be considered appropriate.

74. Subsection (9) imposes a duty on the Secretary of State and the National Assembly for Wales to consult interested parties before introducing regulations under this section.

Codes of practice

Section 14: Codes of practice

75. Codes of practice are already widely used to promote the welfare of farmed animals and the Act extends their use to non-farmed animals.

76. Codes provide non-binding guidance -- agreed by Parliament after appropriate consultation -- that enforcers and the courts can refer to when making judgments on whether the relevant welfare standards stipulated in the Act have been attained. Owners and keepers of animals may also find the codes a useful resource by which to increase or confirm their understanding of acceptable welfare standards and to regulate their conduct accordingly.

Section 15: Making and approval of codes of practice: England

77. Subsections (1) to (4) of section 15 provide that codes of practice shall only be issued following consultation with interested parties and subject to a negative parliamentary procedure whereby the code is laid before parliament in draft, and cannot be issued if the draft is disapproved within 40 days.

78. Subsection (5) makes provision for the commencement of codes of practice.

Section 16: Making of codes of practice: Wales

79. In relation to animals kept in Wales, the power to make codes of practice lies with the National Assembly for Wales in accordance with its own procedures. Similar consultation procedures must be followed in Wales as in Eng-land before the code is adopted. The code will state the date on which it comes into force.

Section 17: Revocation of codes of practice

80. Codes of practice may be revoked by the Secretary of State or the National Assembly for Wales by order.

81. Section 61 subsections (3) to (5) provide that where a code is revoked without being replaced, a draft of the instrument containing the revocation order must be laid before Parliament.

Animals in distress

Section 18: Powers in relation to animals in distress

82. This section authorises an inspector or police constable who finds a protected animal that is suffering to take those steps that need to be taken immediately to alleviate the animal's suffering (see section 2 for the definition of "protected animal" and section 51 for the definition of "inspector"). Powers of entry are conferred by section 19. Section 18 is wider than the power in the Protection of Animals Act 2000 (which this Act repeals) in three ways. First, the power is available even if no proceedings have been commenced. Secondly, it is not restricted to animals kept for commercial purposes. Thirdly, it allows inspectors to take into possession not only animals which are suffering but also those which are likely to suffer if action is not taken.

83. Under subsection (3), where an animal is suffering to such an extent that there is no alternative but to kill it and a veterinary surgeon issues a certificate to that effect, the enforcement authority (an inspector or police constable) may kill the animal or arrange for it to be killed either where it is or elsewhere, or arrange for those steps to be taken by someone else.

84. Subsection (4) allows an inspector or constable to kill an animal without waiting for a vet. This only applies where the animal is suffering to such an extent that there is no alternative but to kill it immediately.

85. Subsection (5) authorises an inspector or constable to take a protected animal into possession where a veterinary surgeon certifies that it is suffering or is likely to suffer.

86. Subsection (6) authorises the inspector or constable to do the same without the certificate of a veterinary surgeon in an emergency.

87. Subsection (7) ensures that where an animal taken into possession under subsection (5) has dependent off-spring, those offspring can be taken into possession along with it. This ensures that even if the offspring are not themselves suffering or likely to suffer, they can still be taken with the parent.

88. Subsection (8) gives an inspector or constable a right to remove the animal to a place of safety. They also have the power to care for the animal either on the premises where it was being kept or elsewhere. This subsection also allows an animal to be marked so it can be identified, for example if it is being kept with similar animals. Any method used to mark the animal would have to be compatible with the ban on mutilations in section 5 of the Act, and any regulations made under section 5(4).

89. Subsection (10) gives a vet the power to examine and take samples (such as blood or urine) from an animal so that he can decide if it should be killed or taken into possession.

90. Subsection (11) requires an inspector or constable as soon as reasonably practicable to take such steps as are reasonable in all the circumstances to notify the person responsible for the animal that he has taken action under section 18 in relation to that animal. This obligation is only engaged where the inspector or constable acts otherwise than with the knowledge of the person responsible for the animal.

91. Subsection (13) allows a person to apply to the court for an order to reimburse him for expenses he incurs when acting under this section. The court can make an order against the person it considers most appropriate. Subsection (14) allows the person against whom such an order is made to appeal.

Section 19: Powers of entry for section 18 purposes

92. This section confers powers of entry for the purposes of section 18. It authorises an inspector or police constable to enter onto premises to deal with a protected animal that is believed to be suffering or likely to suffer if remedial action is not taken. Obstruction of a person exercising such a power is an offence (paragraph 16 of Schedule 2).

93. Subsection (1) confers a power to enter to search for a suffering animal which the constable or inspector reasonably believes to be there.

94. Subsection (2) provides that the power of entry does not extend to any part of premises which is used as a private dwelling. For example, an inspector could enter the parts of a building used as an office but not those parts which are used for residential purposes unless he first obtains a warrant from a justice of the peace under subsection (4).

95. Subsection (3) authorises the use of reasonable force to effect entry without a warrant, where entry is needed urgently before a warrant can be obtained, for example if an animal is suffering so much that it would be inappropriate to delay. Where there is no such urgency, if force is required to gain entry, a warrant must be obtained from a justice of the peace, as provided for by subsection (4).

96. Subsection (5) sets out the criteria that an application must meet before a justice of the peace may grant a war-rant. There must be reasonable grounds for believing that there is a protected animal on the premises, that is either suffering or likely to do so, and one of the four conditions in section 52 must be met.

Section 20: Orders in relation to animals taken under section 18(5)

97. Where an animal has been taken into possession under section 18(5) and the animal is being retained, this section enables a magistrates' court to make an order for the treatment, giving up, disposal or destruction of the animal.

98. Subsection (1) provides that the court can make an order relating to the treatment, giving up, sale, disposal or destruction of the animal. If a person responsible for an animal considers it was wrongly taken into possession under section 18(5), he could apply under section 20(1)(b) to have the animal returned.

99. In subsection (1)(a) 'treatment' is intended to cover significant interventions such as castration. Routine day-to-day treatment such as worming or routine veterinary attention is considered to be caring for the animal as set out in section 18(8)(b).

100. Subsection (2) provides that orders made under subsection (1) can also apply to the offspring of an animal that was pregnant at the time it was taken into possession under section 18(5).

101. Subsection (3) enables an application to be made to the court for an order under subsection (1), either by the owner of the animal taken into possession or by another person with a sufficient interest in the animal. The court has the discretion to make any order under subsection (1) that it considers appropriate, including an order other than that applied for. For example, the court could hear an application for sale under section 20(1)(c), but determine that the animal should be returned to its owner under section 20(1)(b).

102. Subsection (4) provides that an order cannot be made unless either the owner has been given an opportunity to be heard, or the court is satisfied that it is not reasonably practical to communicate with him.

103. Subsection (5)(b) enables the court to make directions for carrying out an order under subsection (1).

104. Subsection (6) provides that the court, when deciding how to exercise its powers under the section, must consider the financial effect the decision will have on the owner of the animal and on others.

105. Subsection (8) provides that, where a court orders that the animal taken into possession under section 18(5) be sold, the proceeds of the sale to which the owner is entitled are to be reduced so as to take account of the expenses incurred by the person who seized or cared for the animal under section 18(5), and the expenses incurred by any person carrying out the order for sale.

Section 21: Orders under section 20: appeals

106. Where a court has made an order under section 20(1) in relation to an animal, section 21(1) allows the animal's owner to appeal to the Crown Court against the order.

107. Subsection (2) suspends the operation of orders made under section 20(1) until the possibility of a successful appeal has expired. Subsection (3) provides that if an order is suspended under subsection (2), the court may, nevertheless, give directions as to how the animal(s) should be dealt with during the suspension. Subsection (4) gives examples of the kinds of directions the court may give under subsection (3)(b) to provide for the animal's welfare pending the determination of the appeal.

108. Subsection (5) also allows the animal's owner a right of appeal where the court has refused to grant an order which he has applied for. So if the court, for example, refuses to return the animal, the owner can appeal against that decision.

109. Subsection (6) provides that a person against whom an order for the reimbursement of expenses is made under section 20(5) shall also have a right of appeal to the Crown Court.

Enforcement Powers

Section 22: Seizure of animals involved in fighting offences

110. This section confers on a police constable power to take possession of an animal in relation to which an offence under section 8(1) or (2) has been committed. The use of this power would ensure that a seized animal could not be involved in further fighting offences. The provision will also improve the chances of enforcing a deprivation or destruction order upon conviction. The Police (Property) Act 1897, which provides that a court may order the return of property seized by the police on application by the owner, will apply to animals seized under this power. This will achieve the same outcome as an order under section 20(1)(b) would for an animal seized under section 18(5).

111. The effect of subsections (3) to (5) is that the power contained in subsection (1) may be exercised in relation to parts of premises used as a private dwelling only if a justice of the peace has issued a warrant authorising entry to them.

112. Subsection (5) provides that, before a justice of the peace issues a warrant, he must be satisfied that there are reasonable grounds for believing that an animal used in connection with a fighting offence is to be found on the premises. One of the four conditions set out in section 52 must also be met.

113. Subsection (6) provides that the power to seize extends to any animal which took part in the fight in relation to which an offence under section 8(1) or (2) has been committed. So, where an offence under section 8(2) is reasonably suspected, for example, the power to seize extends to the animals used in the fight at which the person was present.

Section 23: Entry and search under warrant in connection with offences

114. This section provides that a justice of the peace may issue a warrant authorising an inspector or a constable to enter premises to search for evidence of offences relating to cruelty, mutilations, tail docking, administration of poi-sons, fighting, welfare, carrying out relevant activities without a licence or registration, or breaching a disqualification imposed under section 34 (these offences are listed in subsection (3)).

115. Paragraph 10 of Schedule 2 confers a number of additional powers on a person exercising a power of entry under a warrant under this section. The effect of paragraph 14 of the Schedule is that a warrant authorises a person to use reasonable force in the exercise of those additional powers. Note that paragraph 1 of the Schedule imposes a number of safeguards in relation to warrants under the Act.

Section 24: Entry for purposes of arrest

116. This section adds the most serious offences under this Act (those in sections 4, 5, 6(1) and 6(2), 7 and 8(1) and 8(2)) to the list of offences in section 17(1)(c) of the Police and Criminal Evidence Act 1984. This ensures the police have power to enter and search premises for the purposes of effecting an arrest in connection with these of-fences.

Section 25: Inspection of records required to be kept by holder of licence

117. Subsection (1) enables an inspector to require that the holder of a licence, granted under regulations made under section 13, produce any records that he is required to keep by a condition of a licence.

118. Subsection (2) deals with records stored electronically, for example on a computer. In this case, the inspector may require records to be printed or to be saved onto a disc or similar device. This is to enable them to be taken away and considered without removing the computer on which they are stored.

Section 26: Inspection in connection with licences

119. This section concerns powers of inspection in relation to activities for which it is necessary to obtain a licence under section 13(1). It provides that routine inspections may be carried out to check that licence conditions are being complied with. Currently, in relation to some activities that require a licence, inspections can only be made when inspectors suspect an offence has been committed.

120. Subsection (1) sets out the purposes for which the power of inspection may be exercised. Inspectors can check that any licence conditions are being complied with. They are also able to check that the general requirements of the Act and any secondary legislation made under it are also being complied with.

121. Subsection (2) confers powers to enter and inspect licensed premises and premises where the inspector reasonably believes a licensed activity is going on. In both cases, the inspector may enter a private dwelling only if he gives 24 hours' notice (subsection (3)).

122. There is no power for an inspector to apply for a warrant under this section. Powers to apply for a warrant to enter will be available elsewhere in the Act if the inspector reasonably believes that an animal in distress is to be found on the premises (under section 19(4)) or if he reasonably believes an offence has been committed on the premises (under section 23(1)). Other than in these situations, secondary legislation under which the licensing regimes are adopted will give an inspector the power to revoke a licence, or amend its conditions, should a request to enter premises in order to carry out an inspection be unreasonably refused.

Section 27: Inspection in connection with registration

123. This section concerns powers of inspection in relation to activities for which it is necessary to register under section 13(3).

124. Subsection (1) provides that inspections may be carried out to check compliance with any provision in the Act or in secondary legislation relating to an activity for which registration is required.

125. Subsection (2) confers powers on an inspector to enter premises if he reasonably believes that someone who is registered to carry on an activity is carrying on the registered activity there.

126. A private dwelling may only be entered if 24 hours' notice is given (subsection (3)).

Section 28: Inspection of farm premises

127. This section allows inspectors to enter and inspect farm premises in order to check compliance with regulations made under the Act and in order to ascertain whether an offence under the Act has been committed.

128. Subsection (2) enables an inspector to enter premises to carry out an inspection if he reasonably believes that animals are bred or kept there for farming purposes.

129. The effect of subsections (3) and (4) is to prohibit entry into any parts of premises used as private dwellings, other than on the authority of a warrant issued by a justice of the peace. They also enable an inspector to use reason-able force to secure entry to premises if a warrant authorises this.

130. Paragraph 10 of Schedule 2 confers a number of additional powers on a person exercising a power of entry under a warrant under this section. The effect of paragraph 14 of the Schedule is that a warrant authorises a person to use reasonable force in the exercise of those additional powers. Note that paragraphs 2 and 3 of the Schedule impose a number of safeguards in relation to warrants under section 28(4).

Section 29: Inspection relating to Community obligations

131. This section provides a power for inspectors to enter and check compliance with regulations under section 12 made in order to comply with European Community obligations. This power mirrors a power contained in the Animal Health Act 1981. It does not extend to any parts of premises used as private dwellings (subsection (3)).

Prosecutions

Section 30: Power of local authority to prosecute offences

132. The right to launch private prosecutions derives from the common law. This Act does not limit that right in respect of offences committed under this Act. In addition, local authorities are given a power to prosecute offences under the Act.

Section 31: Time limits for prosecutions

133. Under the existing law, which requires that a prosecution be commenced within 6 months of the date of the offence being committed, it has sometimes proved difficult to prosecute for cruelty to animals when evidence of the offence has not been discovered until some considerable time after the offence was committed. For example, if a recording of an animal fight was discovered and the enforcer wished to bring a prosecution under section 8(1).

134. Subsection (1) authorises prosecutions to be commenced within three years of the date the offence was allegedly committed, in the rare circumstance where evidence of the alleged offence has not come to light within the usual six month time limit, provided the proceedings are brought within six months of the date when sufficient evidence to mount a prosecution comes to the prosecutor's knowledge.

135. Subsection (2) provides that if a prosecutor certifies the date on which he learnt of the relevant evidence, that date shall be the starting point for calculating the period within which proceedings must be commenced.


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Post-Conviction Powers

Section 32: Imprisonment or fine

136. This section prescribes the penalties for offences under the Act. It distinguishes (at subsection (5)) between the penalties available for offences committed before and after the commencement of section 281(5) of the Criminal Justice Act 2003. The new provision for punishment by custodial sentence under the Criminal Justice Act is commonly known as 'custody plus'. It provides for a short term of imprisonment combined with a period of release on licence, the combined periods totaling not more than 51 weeks. Until this provision comes into force, the maximum term of imprisonment for offences under the Act is six months.

137. The section also ensures that all offences under the Act, or which may be created by regulations under it, are to be dealt with by a magistrates' court.

138. Subsection (1) sets the maximum penalty for an offence under sections 4, 5, 6(1) and (2), 7 and 8 of the Act (cruelty and fighting offences) as imprisonment for a term not exceeding 51 weeks or a fine of up to £20,000, or both. The option of a very high fine is intended for use in very serious cases.

139. Subsection (2) sets the maximum penalty for an offence under section 9 (failure to ensure welfare of animals), section 13(6) (carrying on an activity as specified by regulations without a licence or without being registered) or section 34(9) (breaches of disqualifications) as imprisonment for a term not exceeding 51 weeks or a fine up to level 5 on the standard scale (currently £5,000), or both.

140. Subsection (3) applies to offences under regulations made under sections 12 (for the promotion of welfare) and 13 (licensing and registration) of the Act. Those regulations may prescribe penalties by way of imprisonment or fine. Section 12(4) provides that a maximum term of imprisonment of 51 weeks and a fine up to level 5 on the standard scale (currently £5,000) or both may be set for offences under regulations made under section 12 for the pro-motion of welfare. The reason for this is that some breaches of section 12 regulations may be the equivalent of a welfare offence under section 9 and warrant the same penalty. Paragraph 9 of Schedule 1, which applies to regulations made under section 13, provides the same upper limit in relation to breach of licence conditions.

141. Subsection (4) provides that all other offences under the Act attract a maximum penalty of 51 weeks' imprisonment or a fine up to level 4 on the standard scale (currently £2,500), or both. These offences include obstruction of inspectors.

Section 33: Deprivation

142. The aim of this section is to enable the courts to confiscate an animal from an owner who has been convicted of an offence in relation to that animal. A deprivation order is limited to cases where there is a clearly identifiable animal in respect of which the offence was committed.

143. In cases where a court has convicted a person of (a) a cruelty offence, (b) a fighting offence, (c) breach of the duty of care in relation to animal welfare, or (d) breach of a disqualification order (i.e. offences under sections 4, 5, 6(1) and 6(2), 7 to 9 and 34(9)), subsections (1), (2) and (3) give the court power to make an order depriving him of ownership of the animals in respect of which the offence was committed, and any dependent offspring of those animals, and to make an order for the disposal of those animals. Disposal in this section includes slaughter of the animal. Deprivation of ownership of animals may be ordered in addition to or instead of other penalties.

144. Subsection (4) confers ancillary powers to appoint someone to carry out the deprivation order, to require de-livery of relevant animals and to confer additional powers on the person appointed to carry out the order, including powers of entry. The offender can also be made to meet the costs of carrying out the order.

145. Subsection (6) requires a court to give reasons if it decides not to make a deprivation order against a convicted person. By way of exception to this, subsection (7) provides that reasons for not imposing a deprivation order do not have to be given if a disqualification order is made under section 34(1).

146. Subsection (8) makes it clear that where a person is convicted of an animal fighting offence, the power to make a deprivation order is exercisable in relation to any animal which took part in the fight.

Section 34: Disqualification

147. Under the Protection of Animals Act 1954 a person convicted of an offence under the Protection of Animals Act 1911 may be disqualified from 'having custody of' specified animals for a specified period. However, it has proved difficult in practice to determine in many cases when a disqualified person 'has custody of' animals, so as to place him in breach of a disqualification order; and this has limited the effectiveness of such orders. Furthermore, the 1954 Act does not give any power to make consequential orders to provide for the welfare of animals kept or owned by a disqualified person nor does it provide for removal of such animals on conviction for breach of the disqualification. The lack of such a power was commented upon by the Court of Appeal in Worcestershire County Council v Tongue (CA 17th February 2004). This section and section 35 are designed to make good this omission.

148. Subsection (1) confers a power on the court to disqualify a person from doing the things mentioned in subsection (2), (3) or (4) or any combination of those subsections.

149. Subsection (5) provides that disqualification may be imposed in relation to animals generally or to one or more kinds of animal. Thus a court may, for example, use its discretion under this subsection to disqualify a person who has been convicted of organising dog fights from owning or keeping dogs, but not any other kind of animal.

150. Subsection (6) allows the court to decide the period which must expire before the person who is the subject of a disqualification order may apply to have it lifted. Under the current law, applications can be made after one year, and every subsequent year thereafter (see further section 43).

151. Subsection (7) provides for suspension of a disqualification order pending appeal. It also gives the court power to suspend a disqualification order to give the disqualified owner or keeper time to make arrangements for the animal.

152. Subsection (10) provides that disqualification orders can be imposed for offences including those relating to cruelty, fighting, welfare, operating without a required licence or without registering where this is required and for a breach of a previous disqualification order.

Section 35: Seizure of animals in connection with disqualification

153. Subsection (1) enables a court to combine a disqualification order with an order that any animals owned or kept by the person disqualified be seized, where continued ownership or possession would put him in breach of the disqualification. Such an order could be made by the court when a person was convicted of any of the offences under the sections relating to cruelty, fighting, welfare or operating without a required licence or without registering where this is required or of a breach of a previous disqualification order.

154. Subsection (2) deals with the case where a person is disqualified under section 34 from owning or keeping animals and is then convicted of the offence under section 34(9) of breaching the disqualification. It provides for the seizure of all animals that are owned or kept by that person in breach of the disqualification.

155. A seizure order made under section 35(1) or 35(2) differs from a deprivation order made under section 33(2) in that a deprivation order may only be made against a convicted owner. A seizure order under these subsections may also be made against a person who keeps an animal in breach of a disqualification order.

156. A further distinction between a seizure order made under section 35(1) or 35(2), and a deprivation order made under section 33(2), is that the former does not involve depriving the owner of his economic interest in it. Unlike an owner who is the subject of a deprivation order, an owner whose animal is seized under section 35 continues to be entitled to any disposal proceeds (less any relevant expenses).

157. The effect of subsections (3) and (4) is that if an animal seized under subsection (1) or (2) is owned by the disqualified person, it automatically falls to be disposed of. But, if it is not, the court must order how it can be disposed of. Subsection (5) ensures in this case that the owner has a chance to intervene. Subsection (6) enables the owner to appeal against any order for disposal that may be made.

Section 36: Section 35: supplementary

158. Subsection (1) sets out powers of the court when it makes an order under section 35. These include appointing a person to carry out the order and a power to give directions concerning the carrying out of the order. It can also provide that the owner of the animal or any other person the court thinks fit must reimburse costs incurred, and can confer additional powers, including powers of entry, on the person appointed to carry out the order.

159. Subsection (2) clarifies the extent of the court's powers to give directions under subsection (1). It includes delegating the decision on the method of disposal to the person appointed by the court under subsection (1).

160. Subsections (3) and (4) require the court and the person carrying out the order to have regard to protecting the value of the animal and to limiting the costs which may be payable under a reimbursement order under subsection (1)(e). If a reimbursement order is made against an owner for the costs of carrying out a section 35 order, subsection (5) allows the amount to be deducted from any amount due to the owner from sale of the animal.

Section 37: Destruction in the interests of the animal

161. This section replaces the power previously in section 2 of the 1911 Act.

162. Subsection (1) gives the court power, where it is persuaded by a vet that it is appropriate in the interests of the animal, to order the destruction of an animal in respect of which a cruelty, fighting or welfare offence under section 4, 5, 6(1) or 6(2), 7, 8(1) or 8(2) or 9 has been committed.

163. Subsection (2) gives the owner the opportunity to be heard before a destruction order is made, unless the court decides it is not reasonably practicable to communicate with him.

164. Under subsection (3), the court can make orders relating to practical arrangements for carrying out the destruction order and require the offender or any other person to meet the costs of carrying out the order.

165. Subsections (4) and (5) confer a right of appeal on the offender or owner (if the owner is not the offender) unless the court considers the welfare of the animal requires it to be destroyed without delay.

Section 38: Destruction of animals involved in fighting offences

166. Subsection (1) allows the court to order the destruction of fighting animals, otherwise than in the interests of the animal, where there has been a conviction for a fighting offence under section 8(1) or (2). This power is wider than that accorded in section 37, on the basis that there may be circumstances in which it is appropriate to order the destruction of an animal otherwise than in its interests; for example, if the animal is considered to be a danger to public safety. Section 38 is not the only power available to a court to deal with fighting animals, and a fighting animal will not necessarily be subject to a destruction order. This is simply an additional power to ensure the court has sufficient discretion to dispose of animals that have been involved in fights or trained to fight.

167. Subsection (3) provides that the court can make orders relating to practical arrangements for carrying out the destruction order and require the offender or any other person the court thinks fit to meet the costs of its implementation, including keeping the animal until it is destroyed.

168. Subsection (4) allows the owner (if different from the person convicted) to appeal the order made under subsection (1).

169. Subsection (5) provides that destruction orders may be made against any animal which took part in an animal fight, in relation to which any offence under section 8(1) or (2) has been committed.

Section 39: Reimbursement of expenses relating to animals involved in fighting offences

170. This section provides that a court which has convicted a person of an offence under section 8(1) or (2) can require that person, or another person as appropriate, to reimburse police for expenses they have incurred in looking after an animal involved in that offence. This includes animals that took part in the fight in relation to which the of-fence was committed.

Section 40: Forfeiture of equipment used in offences

171. This section gives the court power, where a person is convicted of an offence under sections 4, 5, 6(1) or (2), 7 or 8, to order equipment that it considers to have been used in the offences for which the offender has been convicted to be forfeited and destroyed (or otherwise dealt with).

172. Subsection (3) provides that a court shall not order the forfeiture of any equipment if the owner, or someone claiming an interest in it, has applied to the court to be heard, and has not already had the opportunity to show cause why the forfeiture order should not be made.

Section 41: Orders under section 33, 35, 37, 38 or 40: pending appeals

173. Subsection (1) suspends the operation of various orders relating to animals and equipment under the Act until the possibility of a successful appeal has expired. Subsection (3) provides that if an order is suspended under subsection (1), the court may, nevertheless, give directions as to how the animal(s) should be dealt with during the suspension. Subsection (4) gives examples of the kinds of directions the court may give under subsection (3)(b) to provide for the animal's welfare pending the determination of the appeal.

174. Subsection (5) provides that costs which a court directs a person to pay will be recoverable as a civil debt.

Section 42: Orders with respect to licences

175. Subsection (1) provides that where a person is convicted of a cruelty, fighting, or welfare offence, an offence in connection with transferring an animal by way of sale or prize to a person under sixteen, or an offence against regulations made under section 13, the court may cancel his licence and make an order disqualifying him from holding such a licence.

176. Subsection (3) enables a court to decide the length of time that must expire before the person who is the subject of an order disqualifying him from holding a licence may apply to have it lifted (see further section 43).

Section 43: Termination of disqualification under section 34 or 42

177. Subsection (1) enables a person subject to a disqualification order under section 34 or 42 to apply to the court for termination of the disqualification, but subsection (2) imposes restrictions on the right to apply. An application cannot be made until one year has elapsed since the disqualification order was made (subsection (2)(a)). Where a previous application for termination of a disqualification order has been made under this section, the application cannot be made until one year after the determination of that application (subsection (2)(b)). In addition to this, applications cannot be made until a period specified by the court under sections 34(6), 42(3) or subsection (5) of this section has elapsed (subsection (2)(c)).

178. Subsection (3) sets out the court's powers in relation to an application to terminate a disqualification order. The court may terminate the disqualification, make it less onerous, or refuse the application. Subsection (5) provides that, if a court dismisses the application, it may specify a longer period than the period given at subsection (2)(b) in which the offender may not make an application for termination of the disqualification order. The court may also order the applicant to pay all or part of the costs of the application.

179. Subsection (7) specifies the court to which application must be made.

Section 44: Orders made on conviction for reimbursement of expenses

180. This section clarifies that where a court makes an order for the care or disposal of an animal under section 33(4)(e), 36(1)(e), 37(3)(e), 38(3)(e) or 39(1), and a person incurs expenses in carrying out that order, their expenses are recoverable as a civil debt. They are not to be treated as a fine imposed on conviction for the purposes of the Magistrates' Courts Act 1980.

Section 45: Orders for reimbursement of expenses: right of appeal for non-offenders

181. This section provides that where an order for the reimbursement of expenses is made under section 36(1)(e), 37(3)(e), 38(3)(e) or 39(1) against a person other than the person convicted of an offence under the Act, that person will have a right of appeal against the order. The convicted person will already have such a right of appeal by virtue of the Magistrates Courts Act 1980.

Scotland

Section 46: Effect in Scotland of disqualification under section 34

182. The disqualification provision in section 34 replaces, for England and Wales, that under the Protection of Animals (Amendment) Act 1954 (c.40). Because the 1954 Act extends to Scotland, as well as to England and Wales, the position at present is that a disqualification order made by a court in England and Wales has effect in Scotland. Since section 34 only extends to England and Wales, it is necessary to make further provision in this section to secure the result that disqualification orders made by a court in England and Wales also have effect in Scot-land.

183. Subsection (1) ensures that disqualification orders imposed by courts in England and Wales have effect in Scotland. Subsections (2) and (3) provide that breach of a disqualification order constitutes an offence and set down the penalties that apply. As the 'custody plus' scheme (see section 32) does not extend to Scotland, the maximum prison term there will be six months.

Section 47: Deprivation orders in connection with offence under section 46(2)

184. This section gives a Scottish court power to deprive a person of ownership or possession (or both) and order disposal of an animal to which a conviction under section 46(2) for breach of a disqualification order relates.

185. Subsection (2) gives the court power not only to deprive a person of ownership or possession of the animal but also to order that the animal be disposed of, including destruction or sale.

186. Subsection (6) gives the court ancillary powers when making a deprivation order, such as the power to appoint a person to carry it out, and a power to require the person in possession of the animal to give it up. Subsection (7) provides that these powers may include a provision ordering the convicted person to reimburse the expenses of the person carrying it out, and a provision depriving the convicted person of the proceeds of the animal's disposal.

187. Subsection (8) stipulates that destruction of the animal may only be ordered where it is in the animal's interests.

Section 48: Seizure orders where disqualification breached: Scotland

188. This section provides that an inspector may make an application to a court in Scotland for seizure of animals that are being kept in Scotland in breach of a disqualification order made in England and Wales. Unlike under section 47, subsection (2) provides that criminal proceedings for breach of the disqualification need not have been initiated against the person, nor need there be any intention of doing so. However, the court will have to be satisfied that a person owns or is keeping animals in breach of the disqualification order concerned.

Section 49: Appeals against deprivation orders and seizure orders

189. This section provides the mechanism by which orders made under section 47 or 48 can be appealed and also ensures that no orders made under section 47 or 48, can be given effect until the period for giving notice of appeal against the order or conviction has expired, or if notice of appeal is given, until the appeal has been withdrawn or decided.

190. Subsection (5) provides for the court to make interim orders in relation to the animal's keeping while the order under section 47 or 48 is suspended.

Section 50: Deprivation orders, seizure orders and interim orders: offences

191. Subsection (1) makes it an offence to sell or dispose of an animal that is subject to a suspended deprivation order.

192. Subsection (2) makes it an offence to obstruct a person carrying out a deprivation, seizure or interim order.

General

Section 51: Inspectors

193. Subsection (1) defines the term "inspector" for the purposes of the Act. An inspector is a person appointed either by a local authority or by the appropriate national authority (either the Secretary of State or the National Assembly for Wales). In practical terms, an inspector of the appropriate national authority is currently likely to be a State Veterinary Service inspector.

194. Subsection (2) requires local authorities, when appointing inspectors for the purposes of the Act, to have regard to any guidance that may be issued by the Secretary of State or National Assembly for Wales. It is expected that such guidance would, for example, set out relevant criteria (qualifications, experience etc.) for the appointment of inspectors.

195. Under subsection (3) the Secretary of State or National Assembly for Wales may also issue a list of approved persons who are considered suitable for appointment as inspectors by local authorities.

196. Subsection (4) provides that a person may be included on the list kept under subsection (3) either for all the purposes of the Act or for limited specified purposes.

197. Subsection (5) provides immunity for inspectors for actions taken outside their powers, so long as in purporting to act under their powers, they acted reasonably and in good faith.

Section 52: Conditions for grant of warrant

198. The Act makes provision for warrants in order to obtain entry to premises in a variety of circumstances. A justice of the peace can issue warrants under sections 19(4) (animals in distress), 22(4) (seizure of animals involved in fighting), 23(1) (entry and search for evidence of offences) and 28(4) (inspection of farm premises)

199. In all of the cases cited above, one of four conditions set out in this section must be met before a magistrate can grant a warrant to allow a constable or inspector to enter. Subsections (4) and (5) apply equally to private dwellings and other premises.

Section 53: Powers of entry, inspection and search: supplementary

200. This section gives effect to Schedule 2, which sets out supplementary powers and duties relating to powers of entry, inspection or search conferred by the Act, or conferred by warrants under the Act.

Section 54: Power to stop and detain vehicles

201. Where there is a right of entry for constables and inspectors under the Act, the definition of premises includes vehicles and various moveable structures (see definition in section 62(1)). In order to facilitate searches of this kind, section 54 creates powers to stop and detain vehicles.

202. Subsection (1) allows a constable, or an inspector if he is accompanied by a constable, to stop and search vehicles to search for animals in distress and gather evidence where there is reasonable suspicion that a relevant of-fence has been committed. Subsection (3) allows an inspector, if accompanied by a constable in uniform, to stop and detain a vehicle in order to search it in connection with the exercise of his powers of inspection in relation to li-censed activities, registration, inspection of farm premises and compliance with EC obligations. These subsections also apply where the constable or inspector is acting under a relevant warrant.

203. Subsection (2) allows a constable to stop and detain a vehicle for the purposes of seizing an animal used in connection with a fighting offence if he reasonably believes that it contains such an animal or he is acting under a warrant for these purposes.

204. Subsection (4) provides that the vehicle can be detained for as long as is reasonably required to enable a search or inspection to be carried out (including the exercise of any other related power, e.g. to take tests or samples).

Section 55: Power to detain vessels, aircraft and hovercraft

205. Subsection (1) provides that a vessel can be detained in port if an inspector believes that an offence is being or has been committed on board. He must put his reasons in writing. He must present a copy of this as soon as practicable to the person in charge of the vessel (subsection (4)).

206. Subsection (3) allows the detention of the ship to be enforced. Section 284 of the Merchant Shipping Act 1995 provides various penalties should the ship leave port before it has been granted permission to do so.

207. Subsection (6) allows the Secretary of State or National Assembly for Wales to make regulations extending this section to aircraft or hovercraft, or to make other provision for detaining aircraft or hovercraft that they consider appropriate.

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Section 56: Obtaining of documents in connection with carrying out orders etc.

208. This section requires the owner of an animal in relation to which any of the various orders under the Act has been made to deliver relevant documents relating to that animal to the person who is authorised to carry out the or-der. The documents must be delivered as soon as practicable and, in any event, within 10 days of the person being informed of the requirement.

209. Subsection (2) imposes a similar duty on the owner to deliver documents to a person who is authorised to carry out a direction made during a period when the effect of an order is suspended pending appeal (see further section 41).

Section 57: Offences by bodies corporate

210. Subsection (1) gives flexibility in the exercise of enforcement powers. It authorises simultaneous proceedings to be brought against a corporate body and individuals who are associated with the corporate body. This may either be as employees (but only if they are, or purport to be, holders of a relevant office) or directors or officers who were responsible for the conduct in relation to which the offence was committed.

211. By deeming members of a corporate body who have responsibility for the affairs of the organisation to be in an equivalent position to a director in relation to the management activities they undertake, subsection (2) makes it possible for a criminal prosecution to be brought against a member or members of a corporate body where they are responsible for the action or omission that constitutes an offence under the Act.

Section 58: Scientific research

212. Scientific procedures on animals are governed by the Animals (Scientific Procedures) Act 1986 ("ASPA"), which makes provision for the licensing of people, projects and places where research is carried out on animals. Nothing in this Act applies to anything lawfully done under that Act.

213. Subsection (2) provides that powers of entry conferred by this Act do not apply in relation to places designated under sections 6 and 7 of ASPA. The only exception to this is the power of entry to inspect farming premises. Some ASPA premises are 'dual purpose'; they operate both as designated premises, and also as farms. The power under section 28(2) to inspect farm premises will only be exercisable in relation to animals which are reasonably believed to be bred or kept for farming purposes i.e. the power will not extend to those animals on the premises which are being bred, kept or used for experimental or scientific purposes.

214. Subsection (3) provides that section 9 of the Act (duty to ensure welfare) does not apply to animals at a designated place which are kept for use in regulated procedures, or which have been bred for such a use, or which are kept for breeding offspring to be used in regulated procedures.

215. Section 9 of this Act does apply to any animals that are at a designated place but which are not covered by ASPA, whether because they are of a type that is not listed in the schedules to ASPA or because they are not being used in connection with the scientific research covered by the ASPA licence.

Section 59: Fishing

216. This section provides that anything which occurs in the normal course of fishing is not covered by this Act. A fish may be a protected animal if under the control of man. The effect of this exception is that, where a fish is under the control of man in the course of fishing, the Act has no application to anything that happens to the fish in the normal course of fishing. So, for example, whilst they are normal fishing practices the use of livebait and the practice of catch and release will not be subject to the Act.

217. The term 'fishing' should be understood as applying to ordinary activities of fishermen and anglers, and also the ordinary activities of those who own and run stocked ponds in allowing fishing activities to take place on their ponds.

Section 60: Crown application

218. Under subsection (1) the Act and regulations made under it, once enacted, apply to the Crown. This means that they will bind all Government departments and other public bodies that are part of the Crown. It will not be possible for the Queen herself to be personally sued or prosecuted under the Act, as the courts are the Queen's Courts and consequently have no jurisdiction over her personally.

219. In accordance with normal practice, subsection (2) provides that the Crown is not subject to criminal liability if it contravenes the requirements of the Act. Instead, the court has power to make a declaration that the conduct is unlawful.

220. Under subsection (3) the fact that the Crown cannot itself be found criminally liable under the Act does not prevent criminal convictions being made against individuals, such as civil servants who are in the service of the Crown as public servants. They can be prosecuted under the Act in the same way as private individuals, private organisations and their staff.

221. Subsections (4) and (5) provide that powers of entry conferred under the Act may not be exercised at specified premises held or used by or on behalf of the Crown if the Secretary of State certifies that this would be contrary to the interests of national security.

222. Subsection (6) disapplies the powers of entry granted to constables and inspectors under the Act in respect of land belonging to Her Majesty as Her private estates. Offences under this Act may still be committed on Her private estates, but in the interests of security, constables and inspectors will require permission to enter Her land. Subsection (7) defines Her Majesty's private estates.

Section 61: Orders and regulations

223. Subsection (1) provides for all order and regulation-making powers of the Secretary of State, the National Assembly for Wales or the Scottish Ministers under the Act to be exercisable by statutory instrument (other than the power of the National Assembly for Wales under section 17 to revoke codes of practice).

224. Subsection (2) provides for regulations made by the Secretary of State under sections 1(3) (extension of definition of "animal"), 5(4) (specified exemptions to the prohibition on mutilations), 6 (regulations about the docking of working dogs' tails), 12 (regulations to promote welfare) or 13 (licensing or registration activities involving animals) to be subject to the affirmative resolution procedure.

225. Subsection (5) provides that regulations made by the Secretary of State under section 55(6) (extension of the power to detain aircraft) are to be subject to negative resolution procedure.

226. Subsections (3) and (4) provide that where a code is to be revoked under section 17, and not be replaced, a draft of the instrument which contains the revocation order shall be laid before Parliament.

227. Orders for commencement and transition, made by the Secretary of State under section 66(1) and section 68, are not subject to any Parliamentary control.

Section 66: Transition

228. Subsections (3)-(6) make transitional provision for those disqualification orders, made under the Protection of Animals Act 1954, that are still in force.

Schedule 1-- Regulations under section 13

229. Schedule 1 is divided into three parts: Part 1 deals with licensing, Part 2 with registration and Part 3 contains general provisions.

230. The Schedule has effect in relation to regulations that can be made under section 13. Paragraph 2 provides that the "licensing authority" (the particular authority which has responsibility for enforcing the regulations) will either be the relevant local authority or the appropriate national authority (in England, the Secretary of State or in Wales, the National Assembly for Wales). Paragraph 5 stipulates that licences cannot run for more than 3 years.

231. Paragraph 7 requires that regulations provide that a licensing authority must inspect premises before granting a licence.

232. Paragraph 8 provides that regulations may allow a licensing authority to attach conditions to a licence, or re-quire it to do so.

233. Paragraph 9 provides that breach of a licence condition may be made an offence under the regulations, and that regulations may apply a relevant post-conviction power in relation to conviction for an offence. The expression "relevant post-conviction power" is defined in section 62 (general interpretation), and is explained further in the explanatory note for section 12.

234. Provisions in Part 2 (registration) mirror those in paragraphs 1, 2, 3, 6, 10 and 11 of Part 1 (licensing)

235. Part 3 (supplementary) contains provisions which expand the regulation-making powers under section 13. Paragraphs 18(a) and 19(2) and (3) enable existing licensing regimes for the licensing of activities involving animals, to be reproduced by regulations under section 13, even though not required for the purpose of promoting animal welfare (for example, the requirement under section 1(4A)(d) of the Riding Establishments Act 1964, which makes it a licence condition that the keeper of a riding establishment should have appropriate insurance). Paragraph 18(a) enables regulations under section 13(7) to include an equivalent licence condition in any new licensing regime substituted by the regulations for an existing regime. Alternatively, if the existing licensing regime is simply re-pealed by regulations under section 13(8), paragraph 19(2) and (3) enable regulations to make consequential provision for the purpose of continuing the effect of the old licence condition, i.e. that the keeper of a riding establishment is required to have appropriate insurance.

Schedule 2 -- Powers of entry, inspection and search: supplementary

236. This Schedule specifies the powers and duties of those exercising powers of entry, inspection or search under the Act.

237. Paragraph 1(1) provides that the safeguards in relation to the issue of warrants to constables contained in the Police and Criminal Evidence Act 1984 (c.69), apply to inspectors for the purposes of the issue of warrants under sections 19(4) or 23(1).

238. Paragraphs 2 and 3 apply the safeguards in relation to the issue of warrants to constables contained in sections 15 and 16 of the Police and Criminal Evidence Act 1984, to inspectors exercising a right of entry under section 28(4). These paragraphs reflect sections 15 and 16 to the extent that they are relevant to the issue of warrants under section 28(4) -- they do not reflect the provisions that relate to search. Multiple entry or multiple premises warrants (available to constables under the 1984 Act) are not available to inspectors.

239. Paragraph 4(2) requires the person entering to show evidence of his identity and his authority to enter, and to give information about his reasons for entering. There needs to be a request for these things before there is a requirement to provide them.

240. Paragraph 5 contains a power to take other persons onto the premises. This is at the discretion of the inspector or constable who is entering. For example, it may be necessary to take a veterinary surgeon onto the premises. In such a case, an accompanying veterinary surgeon will have powers to examine the animals under paragraph 10(2)(a) and to take samples, tests etc under paragraph 10(2)(d) (see paragraph 10(3)). The powers set out in paragraph 10, which also include the power to seize documents, apply to entry for the purpose of inspecting licensed and registered activities, inspection of farmed animals and checking compliance with European legislation. They also apply to en-try and search where there is reasonable suspicion that an offence is being, or has been committed.

241. Paragraph 6 imposes a duty to ensure that a search or inspection is undertaken at a reasonable time, unless it appears to the constable or inspector that the purpose of the search or inspection would be frustrated if the power was exercised at a reasonable time.

242. Paragraph 7 imposes an obligation to give assistance. This is imposed on the occupier, anyone appearing to be the owner or keeper of animals there, or anyone appearing to be under the direction or control of the owner or keeper. In the case of entry to inspect licensed activities under section 26, the obligation to give assistance extends to the licence holder.

243. Paragraph 8 will allow an inspector or constable entering premises under the powers specified in paragraph 7(1) to take equipment onto the premises with him.

244. Paragraph 10 outlines the powers of inspection, search, and seizure which an inspector or constable will have once he has entered premises under section 26(1), 27(1), 28(1) or 29(1), or under a warrant conferred under section 23(1). Paragraph 15 outlines the more limited powers of inspection and seizure which an inspector or constable will have when he has entered to search for an animal in distress under section 19.

245. Paragraph 14 provides for the use reasonable force in the exercise of certain powers under paragraph 10.

246. Paragraph 16 makes it an offence to obstruct a person lawfully exercising a power of entry or a power under the Schedule, or to fail to give assistance as required under paragraph 7.

CONCLUDING SECTIONS

Commencement

247. Section 68 sets out the Act's commencement provisions.

248. Sections 61 (orders and regulations), 67 (extent), 68 (commencement) and 69 (short title) came into force on Royal Assent.

249. Sections 46 to 50 (Scotland) will be brought into force by commencement orders made by the Scottish Ministers.

250. All other provisions will be brought into force by orders made by the Secretary of State or the National Assembly for Wales.

HANSARD REFERENCES

251. The following table sets out the dates and Hansard references for each stage of this Act's passage through Parliament.

 



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