Animal welfare legislation

Policy: PAC considers the Animal Welfare Act 2006 and Animal Health and Welfare (Scotland) Act 2006 to be effective pieces of legislation and particularly welcomes the duty to protect animals’ welfare, the so-called ‘duty of care’.  However both are enabling Acts that allow governments to introduce secondary legislation on animal welfare issues.  PAC is concerned that very little action is in train to replace much outdated law.

Background: The new legislation is a major step forwards in welfare law as it includes the ability to take action before an animal actually suffers by providing for the animal’s needs, as well as providing for significant penalties for those who cause unnecessary suffering.  The increased penalties and range of penalties for dog fighting are also very welcome.  PAC considers the differences in the Regulations on tail docking between England and Wales and with the Scottish Act to be confusing and consider they should be aligned.

The intention of the Acts was also to enable governments to replace some old legislation with more up to date Regulations made under the Acts and to introduce Codes of Practice as guidance for animal owners.  However, apart from Regulations on mutilations and some Codes, governments have shown little inclination to introduce regulations.  PAC considers that governments should be treating their introduction with a much higher priority.  The Acts that it is intended to replace are:

Performing Animals (Regulation) Act 1925

Pet Animals Act 1951

Animal Boarding Establishments Acts 1963

Riding Establishments Acts 1964 and 1970

Breeding of Dogs Acts 1973 and 1991

Breeding and Sale of Dogs (Welfare) Act 1999