Defra is responsible for policy on general animal welfare, which covers
the welfare of all domestic and captive animals. We have previously consulted
on what should be contained in future animal welfare law - for more information
please consult Analysis
of the Replies to the Public Consultation
(1.8MB). Hard copies are available from the Defra library, price £5
and on CD ROM £5, telephone 020 7238 6003.
In the light of this consultation we have now prepared a draft Animal
Welfare Bill. The Bill will mark a milestone in animal welfare legislation.
It will bring together and modernise all welfare legislation relating
to farmed and non-farmed animals. Among other things it will introduce
a duty on owners and keepers of all vertebrate animals - not just farmed
animals - to promote the welfare of animals in their care. It will mean
that where necessary those responsible for the enforcement of welfare
laws can take action where an animal although not currently suffering
is in a situation where its welfare is compromised. Further details can
be obtained from the Official
Documents Website.
The House
of Commons Environment, Food and Rural Affairs Committee has decided
to conduct pre-legislative scrutiny of the draft Bill. The Committee will
invite written evidence on the draft Bill and, at this stage, expects
to take oral evidence on the draft Bill in September. The Environment,
Food and Rural Affairs (EFRA) Select Committee is releasing its own press
notice containing details of how to submit evidence on the draft Animal
Welfare Bill.
Please also see the review
of the scientific aspects and veterinary opinions relating to tail docking
in dogs
(137 KB).
Proposed secondary legislation under the Animal Welfare Bill
Background
Promoting welfare is about how an animal ought to be housed, treated
and cared for. These are matters that are considered when under existing
laws a local authority inspector decides whether a pet shop or a riding
school or an animal boarding establishment or a dog breeder should be
licensed. The Bill will provide us with an opportunity to modernise these
laws and to consider bringing other keepers of animals within the licensing
system.
Promoting welfare also needs to be underpinned through welfare codes
for different animal types, e.g., a reptile code or a dog code, that stem
directly from the welfare offence as defined in the Bill. These codes
will be put in place to help guide animal keepers and will also assist
enforcement agencies when it is necessary for them to become involved
in cases where it is clear that improvements are necessary to the way
that an animal is being cared for.
Benchmarks for good welfare are also set through setting standards for
permissible mutilations (as exceptions to the general ban on mutilations
set out on the face of the Bill).
The first part of the secondary legislation to make a significant impact
on the public will be our proposals to improve the existing legislation
relating to riding schools and dog and cat boarding establishments. This
first tranche will also include the regulation of pet shops and pet fairs
and a list of permitted mutilations (including the tail docking issue).
The essence of our outline proposals for these activities is that we are
looking at the quality of the services that are being provided rather
than the quantity of inspections. We want to see fewer visits but a greater
involvement by professionally qualified people in licensing visits. For
example, a cattery inspection would in future always include a veterinarian
and therefore allow the person being licensed to talk to him about matters
such as health care plans etc. which fall outside the expertise of the
local authority welfare inspector.
Timetable for the secondary legislation
The intention is that secondary legislation under the Bill will be introduced
in two tranches:
Possible first tranche (within a year
of the Bill receiving royal assent) |
Licensing of Dog and Cat Boarding
Licensing of Livery Yards
Licensing of Riding Schools
Pet Shops and Pet Fairs
Regulations and Code of Practice for Game Rearing
Exemptions to a ban on mutilations
Regulations to define the promotion of welfare offence
Code on Tethering |
Possible second tranche (by the end
of the decade) |
Animal Sanctuaries
Performing Animals
Racing greyhounds
Dog Breeding |
Annexed to this note is a paper setting out an outline of the contents
of the secondary legislation. Discussion on the outline plans is likely
to occur during the course of the consultation run by the EFRA Select
Committee and the passage of the Bill through Parliament.
We must emphasise that this is not a formal consultation on the secondary
legislation and codes. This will take place after the Bill becomes law
when our proposals are more fully developed.
The Animal Welfare Bill
The outline of first tranche regulations and codes
The proposed secondary legislation
|
Licensing of Dog and Cat Boarding
- Should be based on the Animals Boarding Establishments Act 1963.
- Should provide for licensing by the local authority.
- Should (like the 1963 Act) be limited to dogs and cats.
- Licensing (with inspections by the local authority every 18
months) is preferred to a hybrid scheme involving registration
for home breeders.
- Greater use should be made of veterinarians when undertaking
licensing visits.
- All establishments in the business of providing boarding should
be licensed (with a numerical lower limit).
- A defra code of practice to support local authorities and boarding
establishments.
|
Licensing of Livery Yards
- The definition of a livery yard should exclude arrangements
where a small number of horses are being looked after for a short
period of time but may include other types of livery arrangements
associated with sport.
- All new owners/managers of livery yards will require a minimum
qualification in horse care.
- Thought should be given to introducing a minimum age requirement
for owners and managers of livery yards (subject to the requirements
of equal opportunities legislation).
- Licensing visits should take place at intervals of no less than
18 months.
- A veterinarian should be present at every other licensing visit.
- The yard should maintain a record of every horse received into
the yard in between inspections.
|
Licensing of Riding Schools
- This will be based on the Riding Establishment Acts.
- There should be a minimum qualification in both horse care and
tuition for all new owners/managers of riding schools.
- There should be a minimum age requirement for managers (subject
to the requirements of equal opportunities legislation).
- Licensing visits should take place at intervals of no less than
18 months.
- A veterinarian should be present at every licensing visit.
- Riding Schools should keep a record of any new horses introduced
into the yard in between inspections.
|
Pet or Animal Fairs and Pet
Shops
- This is entirely new legislation.
- Private/ Member only events run by hobbyists should be allowed
to take place without licensing.
- Exhibition Shows where the principal activity is competitive
showing and no commercial trading should be allowed to take place
without licensing.
- Hobbyist Open Shows where there is commercial trading should
be licensed.
- Commercial Animal Fairs run by commercial interests where there
is commercial trading should be licensed.
- All Pet or Animal Fairs - whether regulated or not should abide
by a code of practice.
- The Pet or Animal Fair Licence would be distinct from a pet
shop licence.
- The competency level required from managers of Pet Shops will
be raised.
- Written advice addressing the welfare needs of the animal being
sold will be made available to buyers at Pet or Animal Fairs and
Pet Shops.
|
Regulations and code of practice
on the rearing of gamebirds
- A defra research project to inform the regulations and code
is currently being considered. The size and scope of the project
to be agreed.
|
Exemptions to a ban on mutilations
- Exemptions will only be permitted where they can be justified
for welfare or good management reasons. We do not anticipate making
changes to existing practices other than a ban on the docking
of dog's tails. A possibility will be an exemption for certain
working breeds traditionally involved in sporting shooting.
|
Regulations to support the
duty to promote the welfare of animals.
- Ministers have not yet reached a final decision as to whether
additional legislation is needed to help define the promotion/furtherance
of animal welfare.
- In addition codes of Practice will be prepared in order that
guidance can be given on the care of animal types, eg, dog code,
cat code, reptile code, to help underpin the promotion/furtherance
of animal welfare.
|
Tethering Code
- Will be introduced as part of the first tranche regulations.
|
The outline of second tranche regulations and codes
Animal Sanctuaries
- Sanctuaries that are registered charities should be licensed.
These are usually the largest sanctuaries. All other sanctuaries
will be required to register with the local authority.
- Licensed sanctuaries will be subject to licensing inspections
at least every 18 months.
- There will be a right of entry for licensing inspectors to registered
charities.
- A veterinarian will be present at the first inspection and every
other inspection thereafter.
- Rehoming/rehabilitation policies will be required from all sanctuaries
regardless of the types of animal that they care for.
- All sanctuaries will be required to produce a veterinarian plan.
This will involve agreeing with a veterinarian that the health
and welfare needs of the animals are being properly addressed.
|
Performing Animals
- Regulations and codes to set standards.
- Trainers to be licensed.
- The regulations would allow an inspector to visit premises where
animals are normally kept (eg, circus winter quarters) or are
performing.
- Introduction of a minimum qualification for trainers (with possible
'grandfather's rights'.
- Regulations to cover film, tv, circuses, advertising, theatres
and raptor centres/displays.
- Only animals provided by a professional trainer would be permitted
to perform (possible exemption for amateur performances).
- Licensing visits to take place at least every 18 months and
the licensing inspector should normally be accompanied by an independent
expert.
- Performing animals should not be disadvantaged when compared
with other types of animal, eg, non domesticated animals kept
in zoos.
|
Racing greyhounds
- The scope of regulations will be deferred pending the outcome
of the work currently being done within the industry to raise
welfare standards.
|
Dog Breeding
- Regulations and codes to be prepared in the light of an evaluation
of the Kennel Club Accredited Breeder Scheme which started earlier
this year.
|
Further information is available on our Help
page about downloading or reading Adobe Acrobat
documents.
|