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Draft Animal Welfare Bill

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 PDF document (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 PDF document (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.

 

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Page modified: July 21, 2004

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