The Animal Welfare Act 2006 came into effect on the 6 April 2007 (England) and in Wales from 27 March 2007.
As with most legislation the Act covers many aspects of animal welfare, however the parts most relevant to dog owners are Section 4 (Prevention of Harm), Section 6 (Docking of dogs’ tails) and Section 9 (Promotion of Welfare).
Section 4 - 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,
(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—
(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
(d) the suffering is unnecessary.
Section 6 - Docking of dogs’ tails:
(1) A person commits an offence if—
(a) he removes the whole or any part of a dog’s tail, otherwise than for the
purpose of its medical treatment;
(b) he causes the whole or any part of a dog’s tail to be removed by another
person, otherwise than for the purpose of its medical treatment.
(2) A person commits an offence if—
(a) he is responsible for a dog,
(b) another person removes the whole or any part of the dog’s tail,
otherwise than for the purpose of its medical treatment, 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
in all the circumstances to prevent that happening.
(3) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.
(4) For the purposes of subsection (3), a dog is a certified working dog if a veterinary surgeon has certified, in accordance with regulations made by the appropriate national authority, that the first and second conditions mentioned below are met.
(5) The first condition referred to in subsection (4) is that there has been produced
to the veterinary surgeon such evidence as the appropriate national authority
may by regulations require for the purpose of showing that the dog is likely to
be used for work in connection with—
(a) law enforcement,
(b) activities of Her Majesty’s armed forces,
(c) emergency rescue,
(d) lawful pest control, or
(e) the lawful shooting of animals.
(6) The second condition referred to in subsection (4) is that the dog is of a type specified for the purposes of this subsection by regulations made by the appropriate national authority.
Section 9 - 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.
As a pet owner, you are legally bound to comply with Section 9, subsections 1 and 2, subsection 2 is referred to as a 'Duty of Care'.
Duty of Care - the Five Key Elements are:
- To provide your dog with a suitable living environment (for its age, breed and size)
- To provide your dog with a suitable diet (for the breed and age etc.)
- To allow your dog the ability to exhibit normal behaviour patterns (running, walking, sniffing, playing etc.)
- To provide living accommodation with or apart from other animals (as appropriate)
- To protect your dog from pain, suffering, injury or disease (by good management, veterinary treatment, worming and vaccinations etc.)
DEFRA have published a useful booklet which explains the five key elements, to view a copy click here.
To read the Animal Welfare Act 2006 in full please visit this government site.
