Sunday, 5 September 2010

The Animal Welfare Act - DEFRA

The Animal Welfare Bill received Royal Assent on 8 November 2006 becoming the Animal Welfare Act..

The Animal Welfare Act marks a milestone in animal welfare legislation, and demonstrates an effort by the government to clarify, condense and modernise legislation on animal welfare, some of which has not been addressed since 1911. Amongst other things, the Act will ensure that all vertebrate animals are properly cared for by their owners and allows for preemptive action to be taken against unfit caretakers before an animal suffers. It also simplifies the legislation, consolidating more than 20 pieces of legislation into one.

“The most fundamental piece of legislation for nearly a century has now passed into law. The Government believes by extending the duty of care to non-farmed animals, it will reduce animal suffering in this country. This is the culmination of several years’ work during which the government has worked closely with stakeholders. The result is legislation of which we can all be proud.”

Ben Bradshaw, Animal Welfare Minister, 9th November 2006

For an overview by an Equine Lawyer of what the Animal Welfare Act will mean to horsowners, please click here

The key elements of the Act are:

  • reduce animal suffering by enabling preventive action to be taken before suffering occurs

  • place on people who are responsible for domestic and companion animals a duty requiring them to do all that is reasonable to ensure the welfare of their animals

  • extend the existing power to make secondary legislation to promote the welfare of farmed animals to non-farmed animals, bringing legislation for non-farmed animals in line with that for farmed animals

  • deter persistent offenders by strengthening penalties and eliminating many loopholes in the current system. For example, those causing unnecessary suffering to an animal will face up to 51 weeks in prison, a fine of up to £20,000, or both

  • simplify the legislation for enforcers and animal keepers by consolidating over 20 pieces of legislation into one

  • extend to companion animals welfare codes agreed by Parliament, a mechanism currently used to provide guidance on welfare standards for farmed animals

  • strengthen and amend current offences related to animal fighting

  • increase the effectiveness of law enforcement for animal welfare offences

  • increase from 12 to16 the minimum age at which a child may buy an animal, and prohibit the giving of pets as prizes to unaccompanied children under the age of 16

  • ban mutilations of animals, with certain specified exemptions



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