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Displaying 11 - 20 of 51
Title Citation Summary Type
UK- Wildlife - Wildlife and Countryside Act 1981 Chapter 69 An Act prohibiting and limiting actions involving wild animals, and the primary piece of legislation for wildlife protection in the UK. Prohibitions include taking, injuring, killing and disturbing. It is also an offence to disturb places used for shelter and protection. Provides protections for wild bird nests and eggs, as well as for animal species. Proof of intention is required for an offence under the Act. Statute
R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd. CO/467/93

Although a local authority may not adopt a policy of not enforcing certain laws or not enforcing them against certain types of parties, it may nevertheless make rational choices with respect to the use of its enforcement powers in order to deploy its limited resources in the most efficient and effective manner.

Case
Scotland - Animal Welfare - 2003 Proposal 2003 Proposal, Protection of Animals (Scotland) Act 1912 For historical purposes only. Law has been repealed and/or replaced. The Scottish Executive (SE) issued a consultation paper on 21st March 2003 on proposals to amend the Protection of Animals (Scotland) Act 1912. These proposals were aimed at addressing the specific problem of the lack of statutory powers available to local authorities to remove neglected farm livestock, which are suffering or at risk of suffering, to a place of safely. The responses from a number of organisations to that paper have shown a clear desire for a much wider reform of our existing animal welfare legislation. Ministers now wish to consider expanding the proposed amendment to the Protection of Animals (Scotland) Act 1912 and to introduce wider legislation aimed at consolidating and updating much of the existing animal welfare legislation in Scotland. The purpose of any new legislation will be to prevent cruelty to any animal and to set out the obligations of people to promote the welfare of all animals (including domestic pets) for which they are either permanently or temporarily responsible. This will include owning, managing, or in any way keeping any animal, including buying, selling and transporting. Statute
Johnson v. Needham [1909] 1 KB 626

The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

Case
Chalmers v. Diwell 74 LGR 173

Defendant was an exporter of pet birds. He kept birds at a premises in the course of his business. Usually the birds remained on the premises for less than 48 hours before continuing their journey to their purchasers but on occasion birds had remained on the premises for up to 12 days. A magistrates' court acquitted him of keeping a pet shop without a licence (contrary to Pet Animals Act 1951, s.1). Prosecutor appealed. Result: appeal allowed. Held: even though the premises was being used as no more than a holding center, the defendant was carrying on from that premises a business of selling pets and the premises therefore required a pet shop license.

Case
R (on the application of Patterson) v. RSPCA EWHC 4531 The defendants had been convicted of a number of counts of animal cruelty in 2011, to include unnecessary suffering pursuant to Section 4, and participation in a blood sport under Section 8 of the Animal Welfare Act 2006. Mr Patterson was found to have breached an attached disqualification order under Section 34 of the Animal Welfare Act 2006, on which this appeal is based. The order covered all types of animals for a period of five years. This prohibited him from owning, keeping, participating in the keeping of, or being a party to an arrangement under which he would be entitled to control or influence the way in which animals are kept. A number of animals were found and seized at the home. The appeal was allowed on the basis that Mr Patterson was not entitled to control or influence the way in which the animals were kept by his wife on the facts. Case
R. (on the application of Petsafe Ltd) v Welsh Ministers 2010 WL 4503327

Pet product manufacturer challenged a Welsh ban on the use of electric collars on cats and dogs  under the Animal Welfare Regulations 2010. The High Court held that the Regulations were not beyond the powers of the Welsh Ministers, and that the ban was not irrational, unreasonable or perverse. The High Court also held that any restriction on the free movement of goods under Article 34 of the EU Treaty was proportional and necessary, due to the fact that it was not targeted at trade, but rather meant to further social policy promoting animal welfare. Similarly, any interference with Article 1 of the First Protocol of the European Convention on Human Rights (ECHR) was also justifiable.

Case
Rapa Ltd. v. Trafford Borough Council

Section 2 of the Pet Animals Act 1951 states that a person shall be guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". Small transparent cubes containing water and live fish were sold as novelty items, known as 'aquababies', from a barrow in a thoroughfare of a large indoor shopping mall. The Court found that this activity involved the carrying on of a business of selling pets in a "public place" and was therefore prohibited by section 2.

Case
Ward v RSPCA [2010] EWHC 347 (Admin) RSPCA inspectors attended Mr Ward’s smallholding to find two horses in a severely distressed condition, with a worm infestation. Veterinarian advice had not been sought following failed attempts to home treat. The farmer was convicted of unnecessary suffering pursuant to section 4 of the Animal Welfare Act 2006, and disqualified from owning, keeping, participating in the keeping of, or controlling or influencing the way horses or cattle are kept for a three year period, pursuant to section 34 of the Animal Welfare Act 2006. The defendant brought an appeal to the Crown Court and the High Court in respect of the disqualification. The High Court dismissed the appeal and held that the Animal Welfare Act 2006 was intended to promote the welfare of animals and part of the mechanism of protection is the order of disqualification following convictions for offences under the Act. Case
UK - Farming - UK General Welfare of Farmed Animals Regs. 2000 Statutory Instrument 2000 No. 1870

For historical purposes only. Law has been repealed and/or replaced. The UK's general animal welfare legislation affecting any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes.

Statute

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