Animal Welfare Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE A]
To
Make provision about animal welfare; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Introductory
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Animals to which the Act applies
(1)
In this Act, except subsections (4) and (5), “animal” means a vertebrate other
than man.
(2)
Nothing in this Act applies to an animal while it is in its foetal or embryonic
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form.
(3)
The appropriate national authority may by regulations for all or any of the
purposes of this Act—
(a)
extend the definition of “animal” so as to include invertebrates of any
description;
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(b)
make provision in lieu of subsection (2) as respects any invertebrates
included in the definition of “animal”;
(c)
amend subsection (2) to extend the application of this Act to an animal
from such earlier stage of its development as may be specified in the
regulations.
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(4)
The power under subsection (3)(a) or (c) may only be exercised if the
appropriate national authority is satisfied, on the basis of scientific evidence,
that animals of the kind concerned are capable of experiencing pain or
suffering.
(5)
In this section, “vertebrate” means any animal of the Sub-phylum Vertebrata of
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the Phylum Chordata and “invertebrate” means any animal not of that Sub-
phylum.

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“Protected animal”
An animal is a “protected animal” for the purposes of this Act 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
basis, or
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(c)
it is not living in a wild state.
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Responsibility for animals
(1)
In this Act, references to a person responsible for an animal are to a person
responsible for an animal whether on a permanent or temporary basis.
(2)
In this Act, references to being responsible for an animal include being in
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charge of it.
(3)
For the purposes of this Act, a person who owns an animal shall always be
regarded as being a person who is responsible for it.
(4)
For the purposes of this Act, a person shall be treated as responsible for any
animal for which a person under the age of 16 years of whom he has actual care
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and control is responsible.
Prevention of harm
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Unnecessary suffering
(1)
A person commits an offence if—
(a)
an act of his, or a failure of his to act, causes an animal to suffer,
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(b)
he knew, or ought reasonably to have known, that the act, or failure to
act, would have that effect or be likely to do so,
(c)
the animal is a protected animal, and
(d)
the suffering is unnecessary.
(2)
A person commits an offence if—
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(a)
he is responsible for an animal,
(b)
an act, or failure to act, of another person causes the animal to suffer,
(c)
he permitted that to happen or failed to take such steps (whether by
way of supervising the other person or otherwise) as were reasonable
in all the circumstances to prevent that happening, and
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(d)
the suffering is unnecessary.
(3)
The considerations to which it is relevant to have regard when determining for
the purposes of this section whether suffering is unnecessary include—
(a)
whether the suffering could reasonably have been avoided or reduced;
(b)
whether the conduct which caused the suffering was in compliance
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with any relevant enactment or any relevant provisions of a licence or
code of practice issued under an enactment;
(c)
whether the conduct which caused the suffering was for a legitimate
purpose, such as—
(i)
the purpose of benefiting the animal, or
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(ii)
the purpose of protecting a person, property or another animal;

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(d)
whether the suffering was proportionate to the purpose of the conduct
concerned;
(e)
whether the conduct concerned was in all the circumstances that of a
reasonably competent and humane person.
(4)
Nothing in this section applies to the destruction of an animal in an
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appropriate and humane manner.
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Mutilation
(1)
A person commits an offence if—
(a)
he carries out a prohibited procedure on a protected animal;
(b)
he causes such a procedure to be carried out on such an animal.
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(2)
A person commits an offence if—
(a)
he is responsible for an animal,
(b)
another person carries out a prohibited procedure on the animal, and
(c)
he permitted that to happen or failed to take such steps (whether by
way of supervising the other person or otherwise) as were reasonable
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in all the circumstances to prevent that happening.
(3)
References in this section to the carrying out of a prohibited procedure on an
animal are to the carrying out of a procedure which involves interference with
the sensitive tissues or bone structure of the animal, otherwise than for the
purpose of its medical treatment.
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(4)
Subsections (1) and (2) do not apply in such circumstances as the appropriate
national authority may specify by regulations.
(5)
Before making regulations under subsection (4), the appropriate national
authority shall consult such persons appearing to the authority to represent
any interests concerned as the authority considers appropriate.
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Administration of poisons etc.
(1)
A person commits an offence if, without lawful authority or excuse, he—
(a)
administers any poisonous or injurious drug or substance to a
protected animal, knowing it to be poisonous or injurious, or
(b)
causes any poisonous or injurious drug or substance to be taken by a
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protected animal, knowing it to be poisonous or injurious.
(2)
A person commits an offence if—
(a)
he is responsible for an animal,
(b)
without lawful authority or excuse, another person administers a
poisonous or injurious drug or substance to the animal or causes the
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animal to take such a drug or substance, and
(c)
he permitted that to happen or, knowing the drug or substance to be
poisonous or injurious, he failed to take such steps (whether by way of
supervising the other person or otherwise) as were reasonable in all the
circumstances to prevent that happening.
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(3)
In this section, references to a poisonous or injurious drug or substance include
a drug or substance which, by virtue of the quantity or manner in which it is
administered or taken, has the effect of a poisonous or injurious drug or
substance.

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Fighting etc
(1)
A person commits an offence if he—
(a)
arranges an animal fight;
(b)
knowingly participates in making, or carrying out, arrangements for an
animal fight;
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(c)
makes or accepts a bet on the outcome of an animal fight or on the
likelihood of anything occurring or not occurring in the course of an
animal fight;
(d)
takes part in an animal fight.
(2)
A person commits an offence if, without lawful authority or excuse, he is
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present at an animal fight.
(3)
In this section, “animal fight” means an occasion on which a protected animal
is placed with an animal, or with a human, for the purpose of fighting,
wrestling or baiting.
Promotion of welfare
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Duty of person responsible for animal to ensure welfare
(1)
A person commits an offence if he 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.
(2)
For the purposes of this Act, an animal’s needs shall be taken to include—
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(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.
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(3)
The circumstances to which it is relevant to have regard when applying
subsection (1) include, in particular—
(a)
any lawful purpose for which the animal is kept, and
(b)
any lawful activity undertaken in relation to the animal.
(4)
Nothing in this section applies to the destruction of an animal in an
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appropriate and humane manner.
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Transfer of animals by way of sale or prize to persons under 16
(1)
A person commits an offence if he sells an animal to a person whom he has
reasonable cause to believe to be under the age of 16 years.
(2)
For the purposes of subsection (1), selling an animal includes transferring, or
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agreeing to transfer, ownership of the animal in consideration of entry by the
transferee into another transaction.
(3)
Subject to subsections (4) to (6), a person commits an offence if—
(a)
he enters into an arrangement with a person whom he has reasonable
cause to believe to be under the age of 16 years, and
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(b)
the arrangement is one under which that person has the chance to win
an animal as a prize.

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(4)
A person does not commit an offence under subsection (3) if—
(a)
he enters into the arrangement in the presence of the person with whom
the arrangement is made, and
(b)
he has reasonable cause to believe that the person with whom the
arrangement is made is accompanied by a person who is not under the
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age of 16 years.
(5)
A person does not commit an offence under subsection (3) if—
(a)
he enters into the arrangement otherwise than in the presence of the
person with whom the arrangement is made, and
(b)
he has reasonable cause to believe that a person who has actual care and
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control of the person with whom the arrangement is made has
consented to the arrangement.
(6)
A person does not commit an offence under subsection (3) if he enters into the
arrangement in a family context.
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Regulations to promote welfare
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(1)
The appropriate national authority may by regulations make such provision as
the authority thinks fit for the purpose of promoting the welfare of animals for
which a person is responsible, or the progeny of such animals.
(2)
Without prejudice to the generality of the power under subsection (1),
regulations under that subsection may, in particular—
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(a)
make provision imposing specific requirements for the purpose of
securing that the needs of animals are met;
(b)
make provision to facilitate or improve co-ordination in relation to the
carrying out by different persons of functions relating to the welfare of
animals;
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(c)
make provision for the establishment of one or more bodies with
functions relating to advice about the welfare of animals.
(3)
Power to make regulations under subsection (1) includes power—
(a)
to provide that breach of a provision of the regulations is an offence;
(b)
to apply a relevant post-conviction power in relation to conviction for
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an offence under the regulations;
(c)
to make provision for fees or other charges in relation to the carrying
out of functions under the regulations;
(d)
to make different provision for different cases or areas;
(e)
to provide for exemptions from a provision of the regulations, either
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subject to specified conditions or without conditions;
(f)
to make incidental, supplementary, consequential or transitional
provision or savings.
(4)
Power to make regulations under subsection (1) does not include power to
create an offence triable on indictment or punishable with—
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(a)
imprisonment for a term exceeding 51 weeks, or
(b)
a fine exceeding level 5 on the standard scale.
(5)
Regulations under subsection (1) may provide that a specified offence under
the regulations is to be treated as a relevant offence for the purposes of section
20.
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(6)
Before making regulations under subsection (1), the appropriate national
authority shall consult such persons appearing to the authority to represent
any interests concerned as the authority considers appropriate.
(7)
In this section, “specified” means specified in regulations under subsection (1).
Licensing and registration
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Licensing or registration of activities involving animals
(1)
No person shall carry on an activity to which this subsection applies except
under the authority of a licence for the purposes of this section.
(2)
Subsection (1) applies to an activity which—
(a)
involves animals for which a person is responsible, and
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(b)
is specified for the purposes of the subsection by regulations made by
the appropriate national authority.
(3)
No person shall carry on an activity to which this subsection applies unless
registered for the purposes of this section.
(4)
Subsection (3) applies to an activity which—
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(a)
involves animals for which a person is responsible, and
(b)
is specified for the purposes of the subsection by regulations made by
the appropriate national authority.
(5)
Regulations under subsection (2) or (4) may only be made for the purpose of
promoting the welfare of animals for which a person is responsible, or the
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progeny of such animals.
(6)
A person commits an offence if he contravenes subsection (1) or (3).
(7)
The appropriate national authority may by regulations make provision about
licences or registration for the purposes of this section.
(8)
The appropriate national authority may by regulations repeal any of the
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following enactments (which impose licence or registration requirements in
relation to activities involving animals)—
(a)
section 1(1) of the Performing Animals (Regulation) Act 1925 (c. 38);
(b)
section 1(1) of the Pet Animals Act 1951 (c. 35);
(c)
section 1(1) of the Animal Boarding Establishments Act 1963 (c. 43);
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(d)
section 1(1) of the Riding Establishments Act 1964 (c. 70);
(e)
section 1(1) of the Breeding of Dogs Act 1973 (c. 60).
(9)
Schedule 1 (which makes provision about regulations under this section) has
effect.
Codes of practice
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Codes of practice
(1)
The appropriate national authority may issue, and may from time to time
revise, codes of practice for the purpose of providing practical guidance in
respect of any provision made by or under this Act.

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(2)
The authority responsible for issuing a code of practice under subsection (1)
shall publish the code, and any revision of it, in such manner as it considers
appropriate.
(3)
A person’s failure to comply with a provision of a code of practice issued under
this section shall not of itself render him liable to proceedings of any kind.
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(4)
In any proceedings against a person for an offence under this Act or an offence
under regulations under section 10 or 11—
(a)
failure to comply with a relevant provision of a code of practice issued
under this section may be relied upon as tending to establish liability,
and
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(b)
compliance with a relevant provision of such a code of practice may be
relied upon as tending to negative liability.
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Making and approval of codes of practice: England
(1)
Where the Secretary of State proposes to issue (or revise) a code of practice
under section 12, he shall—
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(a)
prepare a draft of the code (or revised code),
(b)
consult such persons about the draft as he thinks fit, and
(c)
consider any representations made by them.
(2)
If following consultation under subsection (1) the Secretary of State decides to
proceed with a draft (either in its original form or with such modifications as
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he thinks fit), he shall lay a copy of it before Parliament.
(3)
If, within the 40-day period, either House of Parliament resolves not to
approve a draft laid under subsection (2), the Secretary of State shall take no
further steps in relation to it.
(4)
If, within the 40-day period, neither House resolves not to approve a draft laid
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under subsection (2), the Secretary of State shall issue (or revise) the code in the
form of the draft.
(5)
A code (or revised code) shall come into force on such day as the Secretary of
State may by order appoint.
(6)
Subsection (3) does not prevent a new draft of a code (or revised code) from
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being laid before Parliament.
(7)
An order under subsection (5) may include transitional provision or savings.
(8)
In this section, “the 40-day period”, in relation to a draft laid under subsection
(2), means—
(a)
if the draft is laid before the Houses on different days, the period of 40
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days beginning with the later of the two days, and
(b)
in any other case, the period of 40 days beginning with the day on
which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or
prorogued or during which both Houses are adjourned for more than four
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days.