Overview of the United Kingdom's 2006 Animal Welfare Act Amendments
Rebecca Wisch (2011)
The United Kingdom (UK) was one of the first countries to enact a comprehensive anti-cruelty law in 1911. For approximately 90 years, this law remained relatively untouched save for some minor amendments. In 2006, the UK Parliament introduced some sweeping changes to the law. The most significant change involved placing a "duty of care" on owners of companion animals. Now, owners must legally meet the welfare needs of their companion animals.
The 2006 amendments to the Animal Welfare Act changed the definition of what animals are covered under the Act. Previously, the 1911 act covered "any domestic or captive animal." The 2006 Animal Welfare Act now applies to any "vertebrate other than man" except subsections 4 (unnecessary suffering provision) and 5 (mutilation provision). Previously, courts in the UK grappled with how to interpret the definitions for "domestic" or "captive" animal under the old law (see the Detailed Discussion of the former 1911 law for more on this).
The most important change to the law was the addition of a the duty of care provision. Owners are now responsible to make sure that the needs of their animals are met.
These include the need:
For a suitable environment (place to live)
For a suitable diet
To exhibit normal behaviour patterns
To be housed with, or apart from, other animals (if applicable)
To be protected from pain, injury, suffering and disease
Other notable changes in the law include the banning of cosmetic tail docking for dogs and an increase in the age to buy a pet from age 12 to 16.
The new law also increased the penalties for a person who commits cruelty. A person may now be fined up to £20,000 or sent to prison for up to 51 weeks, or both, if he or she is cruel to an animal or does not provide for an animal's welfare needs. In addition, Section 34 states that a person convicted of cruelty may be banned ("disqualified" under the Act) from owning animals.
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Overview of UK Cruelty Law
Alan Bates (2002); updated by Rebecca F. Wisch (2011)
Animals Covered by the Cruelty Law
In the original 1911 act, former Section 15 defined “animal” to mean “any domestic or captive animal.” The offences of cruelty therefore protected any animal that was either domestic or captive. This definition, however, failed to cover any undomesticated (wild) animals.
The new 2006 Animal Welfare Act now defines "animal" as "any vertebrate other than man" excluding animals in their "foetal or embryonic form."
Some sections of the act are limited to only "protected animals." An animal is a "protected animal" 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
(c) it is not living in a wild state
Notably, the Act also covers farm stock in the duty of care provision.
1. Unnecessary Suffering
A person commits an offence if he or she commits an act, or fails to act, and this causes a protected animal to experience "unnecessary suffering." A person can also commit an offense if he or she is responsible for an animal (not limited in Section 4(2)(a) to a "protected animal") and commits and act or fails to act, and this causes unnecessary suffering.
As with the above unnecessary suffering provision, this section is limited to either protected animals or an animal for which a person is responsible. A person who carries out a "prohibited procedure" (defined as "interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment") commits an offence.
3. Docking of Dogs' Tails
This section prohibits the non-medically necessary docking of dogs' tails. The Act excludes certified working dogs no more than 5 days old.
4. Administration of Poisons
A person commits an offence if, without lawful authority or reasonable excuse, he or she administers any poisonous or injurious drug or substance to a protected animal, knowing it is poisonous or injurious.
5. Animal Fighting
Actions prohibited under the animal fighting prohibition include:
- knowingly receiving money for admission to an animal fight;
- knowingly publicizing a proposed animal fight;
- providing information about an animal fight with the intention of enabling or encouraging attendance at the fight;
- making or accepting a bet on the outcome or occurrence of an animal fight
- taking part in an animal fight
- possession of animal fighting paraphernalia
- keeping or training of animals used for fighting
- keeping of premises used for fighting
The section also prohibits being present at an animal fight without lawful authority or reasonable excuse, and videotaping of a fight.
What Constitutes “Unnecessary Suffering”?
Whether an animal has suffered is a plainly a question of fact. Where it is not unquestionably possible to infer from the circumstances of the case that an animal suffered, the prosecution will usually call expert testimony from a veterinary surgeon or animal behaviorist.
The leading case on what constitutes “unnecessary suffering” is Ford v. Wiley. Hawkins J, who adopted an established definition of “cruelly” as meaning “the unnecessary abuse of an animal”, stated:
‘To support a conviction then, two things must be proved - first, that pain or suffering has been inflicted in fact. Secondly, that it was inflicted cruelly, that is, without necessity, or, in other words, without good reason.’
Where no legitimate object exists in pursuit of which the suffering was inflicted, the suffering is clearly not necessary. Where, however, the suffering was inflicted in the pursuit of a legitimate object, there must be proportionality between the suffering caused and the benefit sought. The necessity of the defendant’s conduct is judged objectively, by the standards of a reasonably humane and caring person.
The Offences of Cruelty under the Abandonment of Animals Act 1960
Section 1 of the Abandonment of Animals Act 1960 makes it an offence for any person being the owner or having charge of control of any animal to without reasonable cause or excuse abandon it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering, or cause or procure or, being the owner, permit it to be so abandoned.
What Constitutes Abandonment?
To obtain a conviction for the offence of abandonment, the prosecution must prove that the defendant had relinquished, or wholly disregarded, or given up his duty to care for the animal. Where a person responsible for an animal leaves it by the side of the road and drives away, or is absent temporarily and makes no arrangements for the animal’s welfare, it may be relatively easy to say that he has abandoned it. Where a person leaves the animal for a period and makes some, albeit inadequate, arrangements, however, it will probably not be possible to obtain a conviction for abandonment, because the defendant has not totally disregarded his duty of care.
The Animal Welfare Act 2006 contains some exclusions in its scope of coverage. These are:
- Section 58: Scientific Research: Nothing in this Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 (c. 14).
- Section 59: Fishing
- Section 60: Crown activities
Duty to Provide Care
Section 9 states that a person commits an offense if he or she "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."
These needs 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.
A person may now be fined up to £20,000 or sent to prison for up to 51 weeks, or both, if he or she is cruel to an animal or does not provide for an animal's welfare needs. In addition, Section 34 states that a person convicted of cruelty may be banned ("disqualified" under the Act) from owning animals.
Codes of Practice
In the UK, codes of practice give owners and keepers practical guidance on how to meet the welfare needs of their animals. While violation of a code of practice is not itself a violation of the law, it can be used as evidence in cruelty proceedings. Alternatively, complinace with a code of practice can be used to counter a cruelty prosecution (used as "negative liability" under Section 14(4)(b) of the law). The codes for the 2006 Animal Welfare Act apply only to England (Wales and Scotland have their own codes). The codes are published by the UK Department for Environment Food and Rural Affairs (DEFRA).
Welfare of Dogs (pdf file - 1.3 MB)
Welfare of Cats (pdf file - 1.9 MB)
Welfare of Horses, Ponies, Donkeys and their Hybrids (pdf file - 600 KB)
Welfare of Privately Kept Non-Human Primates (pdf file - 73KB)
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