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Animal Welfare Legislation

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Carrie Ijichi

on 26 January 2016

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Transcript of Animal Welfare Legislation

Protected
Animals
History of
Welfare Legislation
Summary
Animal Welfare
Legislation

Tomorrow we will be...
Types of Legislation
Primary
Secondary
Codes of Practice
Learning Outcomes
Judge the effectiveness of current national and international legislation regulating animal welfare
Acts of Parliament or Statutes on
basic legal standards
Non-legally binding guidance
on
how to comply with primary & secondary legislation
Failure to comply can be used as
evidence for prosecution
under Primary or Secondary legislation
Makes
owners & keepers
responsible for ensuring that the
welfare needs
of their animals are met
Anyone who is cruel to an animal, or doesn't provide for its welfare needs, may be
banned from owning animals
,
fined up to £20,000
and/or
sent to prison
UK was the
first country
to implement laws protecting animals - 1822 Act to Prevent Cruel and Improper Treatment of Cattle
First general animal protection law
- Protection of Animals Act introduced 1911 and since updated
Animal Welfare Act 2006
is an overhaul of
pet abuse law replacing the
Protection of Animals Act
Created by
delegated bodies of specialists
who are given powers by legislation to regulate
specific areas and activities
Provides more
detail
and
complements primary legislation
"Animal" means
vertebrate other than man
but not during foetal or embryonic form.
Invertebrates may be included if scientific evidence shows that they
"are capable of experiencing pain or suffering."
An animal is protected if it is -
of a kind commonly
domesticated
under the
control of man
, either permanently or temporarily
or
not living in a wild state
Responsibility
The Act refers to a person who is
responsible for an animal
, either temporarily or permanently.
You are responsible if -
you are in
charge
of it
you are the
owner
you are
responsible for someone
under the age of 16
, who is
responsible for an animal
Aims
To explore the Animal Welfare Act 2006 and its impact on UK welfare
Prevention
of Harm
Promotion
of Welfare
Animals
in Distress
Unnecessary
Suffering
Your act
, or
failure to act
, causes suffering
You
permit
this to happen to an animal you're
responsible for
Unnecessary suffering means it could
have been
reasonably avoided or reduced
This
does not apply
to the destruction
of an animal in an
appropriate
& humane manner
You are implicated if -
Animal Welfare
Act 2006
Mutiliation
Refers to procedures that
interefere with the
sensitive tissues

or
bone structures
, other than for medical treatment
You are implicated if -
you
carry out
the procedure
cause
the procedure to be carried out
you are
responsible for the
animal
and you
permit
this
to be carried out
Tail Docking
It's an offence to
remove the
whole, or part of, a dog's tail
, unless for medical treatment.
Except if you can demonstrate it is a
working dog
and
less than 5 days old
.
Specifically targets
show dogs
Again, it is an offence if -
you
carry it out
cause
it to be carried out
or
allow
it to be carried out
on a dog you are
responsible for
Administration
of Poisons
Cannot
knowingly be administered
to any protected animal, or
cause them to consume it
This includes
overdose
of an otherwise non-toxic substance
However, you can receive
lawful authority
or
reasonable excuse
to do this
Fighting
It is an offence to -
attempt to
cause
an animal fight
knowingly
receive money for admission
publicise
or
provide information
make
or
accept bets
on the outcome
take part
in a fight
possess equipment
for use in a fight
keep
or
train
a fighting animal or
premises
to be used for fighting
supply, publish
or
show a video

This is based on the
5 Freedoms
, although they're referred to as
"needs"
in the act
Duty
A person commits an offence if he
does not take such steps are are reasonable
to ensure the
needs of an animal for which they are responsible
Again, it
does not apply
to the destruction of an animal in an
appropriate and humane manner
Improvement Notices
Serving a Notice
This happens because an inspector feels someone is
failing in their duty
The notice states -
The inspector is of the opinion that there is a
failure of duty
specifies
these failings, the
steps needed to rectify them
and time
period allowed
explains the
consequences
of ignoring this notice
Following the Notice
No action
can be taken until the
end
of the period specified
If the failings are
addressed
within the notice period,
no further action
can be taken
An inspector can
extend
the compliance period
If failing are
not
addressed,
criminal proceedings
can begin
Transfer by
Sale or Prize
It's an offence to sell an animal to someone
under 16
This includes the
transfer of ownership
and the
chance to win
the animal as a prize
This excludes family arrangements
If an inspector or constable
reasonably believes
that a protected animal is suffering, he can take steps to
alleviate
this
If a vet certifies that it is in the
animal's best interests
, the inspector may destroy the animal
In really extreme cases, the inspector may destroy the animal without this certificate if it would be
cruel to wait
for the vet or there is
clearly no alternative
Destruction
Seizure
An inspector or constable may seize an animal if a vet certifies that the animal is
suffering
or
likely to suffer
if its circumstances do not change
However, they can act if it's
not reasonable
to
wait for a vet
They can also take
dependent off-spring
and any that
result from pregnancy
It's an offence to
intentionally obstruct
a person in the exercise of
these powers
A vet
must be allowed to take samples
to
help form their decision
An
inspector or constable
may enter
premises to search for a protected animal if they
believe it is suffering
Welfare legislation has been
developing and improving since 1822
It's very
clearly specified
and
actively enforced
However, in reality it's easier to
remedying existing welfare concerns
but very difficult to
prevent future abuse and neglect.
Looking at
international animal welfare
and how the UK compares
Please bring an
international case
that you think highlights differences (either good or bad) between the focal country and the UK - newspaper story, court case etc
Read "Animal Welfare" (Appleby et al 2011) chapter 18
Laboratory animals are covered in separate legislation and
heavily licensed
http://www.legislation.gov.uk/all?title=animal%20welfare
The Animal Welfare Act 2006
Exploring
laboratory animal welfare
legislation
For tomorrow...
Further reading...
https://www.gov.uk/government/publications/animal-welfare-act-2006-it-s-your-duty-to-care
Animal Welfare Act (Transport)
https://www.gov.uk/government/publications/welfare-of-animals-during-transport
Codes of Practice for the Welfare of Dogs
https://www.gov.uk/government/publications/code-of-practice-for-the-welfare-of-dogs
Last Week We...
Explored the origins of animal welfare
Discussed reasons to care about welfare
Outlined the 5 Freedoms
Looked at some of our personal peceptions of welfare
Do you have and questions or thoughts about this since we last met?
Full transcript