Office of Public Sector Information
(1) If an inspector is of the opinion that a person is failing to comply with section 9(1), he may serve on the person a notice which—
(a) states that he is of that opinion,
(b) specifies the respects in which he considers the person is failing to comply with that provision,
(c) specifies the steps he considers need to be taken in order to comply with the provision,
(d) specifies a period for the taking of those steps, and
(e) explains the effect of subsections (2) and (3).
(2) Where a notice under subsection (1) (“an improvement notice”) is served, no proceedings for an offence under section 9(1) may be instituted before the end of the period specified for the purposes of subsection (1)(d) (“the compliance period”) in respect of—
(a) the non-compliance which gave rise to the notice, or
(b) any continuation of that non-compliance.
(3) If the steps specified in an improvement notice are taken at any time before the end of the compliance period, no proceedings for an offence under section 9(1) may be instituted in respect of—
(a) the non-compliance which gave rise to the notice, or
(b) any continuation of that non-compliance prior to the taking of the steps specified in the notice.
(4) An inspector may extend, or further extend, the compliance period specified in an improvement notice.
(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 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
(b) the arrangement is one under which that person has the chance to win an animal as a prize.
(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 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 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.
(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—
(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;
(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 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 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—
(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 23.
(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).
(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
(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—
(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 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 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);
(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) Before making regulations under this section, the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.
(10) Schedule 1 (which makes provision about regulations under this section) has effect.
(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.
(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.
(4) In any proceedings against a person for an offence under this Act or an offence under regulations under section 12 or 13—
(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
(b) compliance with a relevant provision of such a code of practice may be relied upon as tending to negative liability.
(1) Where the Secretary of State proposes to issue (or revise) a code of practice under section 14, he shall—
(a) prepare a draft of the code (or revised code),
(b) consult about the draft such persons appearing to him to represent any interests concerned as he considers appropriate, 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 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 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 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 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 days.
(1) Where the National Assembly for Wales proposes to issue (or revise) a code of practice under section 14, it shall—
(a) prepare a draft of the code (or revised code),
(b) consult about the draft such persons appearing to it to represent any interests concerned as it considers appropriate, and
(c) consider any representations made by them.
(2) The Assembly may issue (or revise) a code either in the form of the draft prepared under subsection (1)(a) or with such modification as it thinks fit.
(3) A code (or revised code) shall come into force in accordance with its provisions.
(4) A code (or revised code) may include transitional provision or savings.
(1) The appropriate national authority may by order revoke a code of practice issued by it under section 14.
(2) An order under subsection (1) may include transitional provision or savings.
(3) Before making an order 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.
(4) Subsection (3) does not apply in relation to an order revoking a code of practice in connection with its replacement by a new one.
(1) If an inspector or a constable reasonably believes that a protected animal is suffering, he may take, or arrange for the taking of, such steps as appear to him to be immediately necessary to alleviate the animal’s suffering.
(2) Subsection (1) does not authorise destruction of an animal.
(3) If a veterinary surgeon certifies that the condition of a protected animal is such that it should in its own interests be destroyed, an inspector or a constable may—
(a) destroy the animal where it is or take it to another place and destroy it there, or
(b) arrange for the doing of any of the things mentioned in paragraph (a).
(4) An inspector or a constable may act under subsection (3) without the certificate of a veterinary surgeon if it appears to him—
(a) that the condition of the animal is such that there is no reasonable alternative to destroying it, and
(b) that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.
(5) An inspector or a constable may take a protected animal into possession if a veterinary surgeon certifies—
(a) that it is suffering, or
(b) that it is likely to suffer if its circumstances do not change.
(6) An inspector or a constable may act under subsection (5) without the certificate of a veterinary surgeon if it appears to him—
(a) that the animal is suffering or that it is likely to do so if its circumstances do not change, and
(b) that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.
(7) The power conferred by subsection (5) includes power to take into possession dependent offspring of an animal taken into possession under that subsection.
(8) Where an animal is taken into possession under subsection (5), an inspector or a constable may—
(a) remove it, or arrange for it to be removed, to a place of safety;
(b) care for it, or arrange for it to be cared for—
(i) on the premises where it was being kept when it was taken into possession, or
(ii) at such other place as he thinks fit;
(c) mark it, or arrange for it to be marked, for identification purposes.
(9) A person acting under subsection (8)(b)(i), or under an arrangement under that provision, may make use of any equipment on the premises.
(10) A veterinary surgeon may examine and take samples from an animal for the purpose of determining whether to issue a certificate under subsection (3) or (5) with respect to the animal.
(11) If a person exercises a power under this section otherwise than with the knowledge of a person who is responsible for the animal concerned, he must, as soon as reasonably practicable after exercising the power, take such steps as are reasonable in the circumstances to bring the exercise of the power to the notice of such a person.
(12) A person commits an offence if he intentionally obstructs a person in the exercise of power conferred by this section.
(13) A magistrates' court may, on application by a person who incurs expenses in acting under this section, order that he be reimbursed by such person as it thinks fit.
(14) A person affected by a decision under subsection (13) may appeal against the decision to the Crown Court.
(1) An inspector or a constable may enter premises for the purpose of searching for a protected animal and of exercising any power under section 18 in relation to it if he reasonably believes—
(a) that there is a protected animal on the premises, and
(b) that the animal is suffering or, if the circumstances of the animal do not change, it is likely to suffer.
(2) Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling.
(3) An inspector or a constable may (if necessary) use reasonable force in exercising the power conferred by subsection (1), but only if it appears to him that entry is required before a warrant under subsection (4) can be obtained and executed.
(4) Subject to subsection (5), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises for the purpose mentioned in subsection (1), if necessary using reasonable force.
(5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied—
(a) that there are reasonable grounds for believing that there is a protected animal on the premises and that the animal is suffering or is likely to suffer if its circumstances do not change, and
(b) that section 52 is satisfied in relation to the premises.
(1) A magistrates' court may order any of the following in relation to an animal taken into possession under section 18(5)—
(a) that specified treatment be administered to the animal;
(b) that possession of the animal be given up to a specified person;
(c) that the animal be sold;
(d) that the animal be disposed of otherwise than by way of sale;
(e) that the animal be destroyed.
(2) If an animal is taken into possession under section 18(5) when it is pregnant, the power conferred by subsection (1) shall also be exercisable in relation to any offspring that results from the pregnancy.
(3) The power conferred by subsection (1) shall be exercisable on application by—
(a) the owner of the animal, or
(b) any other person appearing to the court to have a sufficient interest in the animal.
(4) A court may not make an order under subsection (1) unless—
(a) it has given the owner of the animal an opportunity to be heard, or
(b) it is satisfied that it is not reasonably practicable to communicate with the owner.
(5) Where a court makes an order under subsection (1), it may—
(a) appoint a person to carry out, or arrange for the carrying out, of the order;
(b) give directions with respect to the carrying out of the order;
(c) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;
(d) order a person to reimburse the expenses of carrying out the order.
(6) In determining how to exercise its powers under this section, the court shall have regard, amongst other things, to the desirability of protecting the animal’s value and avoiding increasing any expenses which a person may be ordered to reimburse.
(7) A person commits an offence if he intentionally obstructs a person in the exercise of any power conferred by virtue of this section.
(8) If the owner of the animal is subject to a liability by virtue of section 18(13) or subsection (5)(d) above, any amount to which he is entitled as a result of sale of the animal may be reduced by an amount equal to that liability.
(1) Where a court makes an order under section 20(1), the owner of the animal to which the order relates may appeal against the order to the Crown Court.
(2) Nothing may be done under an order under section 20(1) unless—
(a) the period for giving notice of appeal against the order has expired, and
(b) if the order is the subject of an appeal, the appeal has been determined or withdrawn.
(3) Where the effect of an order is suspended under subsection (2)—
(a) no directions given in connection with the order shall have effect, but
(b) the court may give directions about how any animal to which the order applies is to be dealt with during the suspension.
(4) Directions under subsection (3)(b) may, in particular—
(a) appoint a person to carry out, or arrange for the carrying out, of the directions;
(b) require any person who has possession of the animal to deliver it up for the purposes of the directions;
(c) confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the directions;
(d) provide for the recovery of any expenses which are reasonably incurred in carrying out the directions.
(5) Where a court decides on an application under section 20(3)(a) not to exercise the power conferred by subsection (1) of that section, the applicant may appeal against the decision to the Crown Court.
(6) Where a court makes an order under section 20(5)(d), the person against whom the order is made may appeal against the order to the Crown Court.
(1) A constable may seize an animal if it appears to him that it is one in relation to which an offence under section 8(1) or (2) has been committed.
(2) A constable may enter and search premises for the purpose of exercising the power under subsection (1) if he reasonably believes—
(a) that there is an animal on the premises, and
(b) that the animal is one in relation to which the power under subsection (1) is exercisable.
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.
(4) Subject to subsection (5), a justice of the peace may, on the application of a constable, issue a warrant authorising a constable to enter and search premises, if necessary using reasonable force, for the purpose of exercising the power under subsection (1).
(5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied—
(a) that there are reasonable grounds for believing that there is on the premises an animal in relation to which an offence under section 8(1) or (2) has been committed, and
(b) that section 52 is satisfied in relation to the premises.
(6) In this section, references to an animal in relation to which an offence under section 8(1) or (2) has been committed include an animal which took part in an animal fight in relation to which such an offence was committed.
(1) Subject to subsection (2), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises, if necessary using reasonable force, in order to search for evidence of the commission of a relevant offence.
(2) The power to issue a warrant under subsection (1) is exercisable only if the justice of the peace is satisfied—
(a) that there are reasonable grounds for believing—
(i) that a relevant offence has been committed on the premises, or
(ii) that evidence of the commission of a relevant offence is to be found on the premises, and
(b) that section 52 is satisfied in relation to the premises.
(3) In this section, “relevant offence” means an offence under any of sections 4 to 9, 13(6) and 34(9).
In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (power of constable to enter and search premises for purpose of arresting a person for offence under specified enactments), at end insert—
“(v) any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);”.
(1) An inspector may require the holder of a licence to produce for inspection any records which he is required to keep by a condition of the licence.
(2) Where records which a person is so required to keep are stored in electronic form, the power under subsection (1) includes power to require the records to be made available for inspection—
(a) in a visible and legible form, or
(b) in a form from which they can readily be produced in a visible and legible form.
(3) An inspector may inspect and take copies of any records produced for inspection in pursuance of a requirement under this section.
(1) An inspector may carry out an inspection in order to check compliance with—
(a) the conditions subject to which a licence is granted;
(b) provision made by or under this Act which is relevant to the carrying on of an activity to which a licence relates.
(2) An inspector may, for the purpose of carrying out an inspection under subsection (1), enter—
(a) premises specified in a licence as premises on which the carrying on of an activity is authorised;
(b) premises on which he reasonably believes an activity to which a licence relates is being carried on.
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling unless 24 hours' notice of the intended entry is given to the occupier.
(1) An inspector may carry out an inspection in order to check compliance with provision made by or under this Act which is relevant to the carrying on of an activity to which a registration for the purposes of section 13 relates.
(2) An inspector may, for the purpose of carrying out an inspection under subsection (1), enter premises on which he reasonably believes a person registered for the purposes of section 13 is carrying on an activity to which the registration relates.
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling unless 24 hours' notice of the intended entry is given to the occupier.
(1) An inspector may carry out an inspection in order to—
(a) check compliance with regulations under section 12 which relate to animals bred or kept for farming purposes;
(b) ascertain whether any offence under or by virtue of this Act has been or is being committed in relation to such animals.
(2) An inspector may enter premises which he reasonably believes to be premises on which animals are bred or kept for farming purposes in order to carry out an inspection under subsection (1).
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.
(4) Subject to subsection (5), a justice of the peace may, on the application of an inspector, issue a warrant authorising an inspector to enter premises, if necessary using reasonable force, in order to carry out an inspection under subsection (1).
(5) The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied—
(a) that it is reasonable to carry out an inspection on the premises, and
(b) that section 52 is satisfied in relation to the premises.
(1) An inspector may carry out an inspection in order to check compliance with regulations under section 12 which implement a Community obligation.
(2) An inspector may enter any premises in order to carry out an inspection under subsection (1).
(3) Subsection (2) does not authorise entry to any part of premises which is used as a private dwelling.
A local authority in England or Wales may prosecute proceedings for any offence under this Act.
(1) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), a magistrates' court may try an information relating to an offence under this Act if the information is laid—
(a) before the end of the period of three years beginning with the date of the commission of the offence, and
(b) before the end of the period of six months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his knowledge.
(2) For the purposes of subsection (1)(b)—
(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to his knowledge shall be conclusive evidence of that fact, and
(b) a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.
Animal Welfare Act 2006