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Title Citation Summary Type
Scotland - Animal Welfare - 2003 Proposal 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
UK - Animal Welfare - Animal Welfare Act 2006 UK ST 2006 c 45 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 animal’s body, docking a dog’s tail (with certain limited exceptions), administering a poisonous or injurious substance to an animal, and engaging in or attending animal fighting.   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
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 Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.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
UK - Farming - UK General Welfare of Farmed Animals Regs. 2000 Statutory Instrument 2000 No. 1870

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
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
UK - Pets - Pet Animals Act 1951 UK ST 1951 c 35

An Act establishing a licensing structure for pet shops in the United Kingdom . The Act sets forth certain conditions that local authorities may consider in determining whether or not to grant someone a pet shop license. In determining whether or not to grant a license, local authorities may investigate applicants and confirm that animals will be kept in a sanitary and suitable physical environment, that they will be fed and watered regularly, and that they will not be sold before they reach an appropriate age, among other factors.

Statute
UK - Circus - Performing Animals (Regulation) Act 1925 1925 CHAPTER 38

The Performing Animals Act 1925 requires any person who exhibits or trains any performing (vertebrate) animal to be registered with a local authority. This information is kept in the local register. The law also gives power to local authorities to prohibit animal training or exhibition where it is accompanied by cruelty.  Any officer of a local authority duly authorised in that behalf by the local authority and any constable may inspect performance premises during reasonable hours. Failure to become properly registered or concealing an animal to avoid inspection makes a person guilty of an offence.

Statute
Bandeira and Brannigan v. RSPCA CO 2066/99

Where a person has sent a dog into the earth of a fox or sett of a badger with the result that a confrontation took place between the dog and a wild animal, and the dog experienced suffering, it will be open to the tribunal of fact to find that the dog has been caused unnecessary suffering and that an offence has been committed under section 1(1)(a) of the Protection of Animals Act 1911.

Case

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