Policy: PAC considers that the Animal Welfare Act 2006 and Animal Health and Welfare (Scotland) Act 2006 both clarify the responsibility for the care of animals, stating that the owner is always responsible and the person in charge of it is also responsible at the time. 

Background: When the welfare of an animal is adversely affected it is necessary for enforcement agencies to be able to know who is responsible for the animal.  This is now particularly important with the introduction of the ‘duty of care’.  The definition in the Acts makes the situation clear and makes it apparent that the owner’s responsibility is to ensure that whoever is in charge of their animal is competent to do so and has the appropriate facilities.

The new definition of responsibility nullifies previous discussion about the difference between the owner and keeper of an animal and should reduce spurious arguments in defence in courts