The Animal Welfare Act 2006

The Animal Welfare Act sets out a number of guidelines to help promote the safekeeping and welfare of animals by individuals and groups of people. The act outlines the types of actions that are illegal and the punishments and prosecutions that can be given to those who breach to law.

The following article explains the Animal Welfare Act more thoroughly, detailing what is contained within the legislation, who the act applies to and which authorities are given powers to react to breaches.

What is the Animal Welfare Act 2006?

The Animal Welfare Act 2006 was established in order to provide welfare to animals and to extend protection to related areas. The act makes clear definitions as to what provisions are catered for and sets out the ways in which animals should be treated, considered and cared for throughout Britain. Under the Act, an animal is defined as “a vertebrate other than man”.

Which animals are protected by the Act?

Some of the contents of the Animal Welfare Act apply to all animals, and some areas of the Act relate to ‘protected animals' only. Protected animals are those which are acknowledged as being commonly domesticated and controlled by humans on a permanent or temporary basis or those animals that do not live in the wild. Animals that are fetuses or embryos are not protected by the contents of the Act.

Which people does the Act apply to?

The Act applies to all people who have a responsibility of care to an animal, either temporarily or on a permanent basis. The Act sets out that the animal owner will be recognised as the person who is responsible for the welfare of the creature. If the carer and controller of the animal is under 16 years of age, they will still be treated as the person who is responsible for the animal.

The Prevention of Harm to Animals

The Act sets out that it is a criminal offence for a protected animal to be allowed to suffer unnecessarily. The Act sets out that actual actions by a person as well as allowing situations to happen that result in harm to the animal are both considered as breaches of the law. The Act demands that those who are responsible for an animal's welfare are required to act diligently, and they should take reasonable measures to avoid risks to their animal.

There are certain provisions set out in the Animal Welfare Act that relate specifically to organised fighting of protected animals.

Promoting Welfare of Animals

If a person does not honour their legal duty to take care of and protect animals that they are responsible for, the law sets out that they will be guilty of a crime. The act extends this demand further to make it a legal requirement for animal owners to maintain good practices with regards to the upkeep and care of their animals. This means that it is a legal requirement for animal owners to make suitable provisions for the feeding, medical care and accommodation of animals.

If an inspection determines that a person is failing in their duty of care to their animal, the act makes provisions for an "improvement notice" to be served on the owner or responsible party. This notice sets out the ways in which the person needs to change their care practices and within what time period the measures must be made.

The Animal Welfare Act sets out that it is a legal offence for any person to give away an animal by way of a prize to a recipient who is believed to be under the age of 16 years old.

Registration and Licensing of Animal Activity

There is the requirement for a person to obtain a licence in order to engage in specific activities that involve animals. The act is recognised as being somewhat vague in that there is not a specific list of activities that are considered to require a licence or registration. Rather, these are set out in a number of other separate regulatory pieces.

Codes of Practice

The codes of practice that are set out in the Act can be amended as per the authority given to the relevant national authority which, in the case of England, is The Secretary of State. This enables the authority to amend or revoke the contents of the act to ensure that it remains current and appropriate in all instances.

It is not a criminal offence for a person to not comply with a code of practice. That said, if a code of practice is not followed by a person, this failure can be used to establish the liability of that person for offences that are set out in the act.

Distressed Animals

The Animal Welfare Act gives authority to an inspector to enter a property if they reasonably believe that an animal is in distress and needs to be protected. This enables the inspector to eliminate or shorten an animal's suffering.

Prosecutions

The Animal Welfare Act gives power to local authorities which enables them to initiate prosecution proceedings against a person who violates any of the laws set out in the act. The act also details any time limits that must be observed with regards to a prosecution being brought.

Powers Given for Post-Conviction

The Act sets out the powers that are given following the conviction of a person who has breached animal welfare laws, including appropriate punishments. The act communicates that a person who has broken such laws can be subjected to a prison sentence or fine. When it is believed that the future welfare of animals may be at risk, a convicted person may also be deprived of the authority to own an animal in the future.

If the welfare of the animal dictates, the act gives authority to the court to order the destruction of the animal. This will only be used in cases where the animal's health means that they will continue to suffer and destruction is considered to be a kinder option.