Animal Welfare Act 2006
Questions and answers: Local authority training sessions
From October to December 2006 training sessions were held on the Animal Welfare Act 2006 (“the Act” or “AWA”) for Local Authority employees who would have a direct responsibility for enforcing the Act. Attendees included Environmental Health Officers, Dogs Wardens and other employees with an animal welfare remit. Members of Animal Health and trainers from the RSPCA also attended these events.
- Finance and workload
- Improvement notices
- Powers available in emergency
- DWAA and ZLA
- Prosecution
- Disqualification
- Secondary Legislation, Licensing, Registration, and Codes of Practice
- Pet vending
- Livery yards
- Tail docking of dogs
- Performance animals/zoos
- Boarding
- Sanctuaries
- Training and qualifications
- Role of RSPCA
- Other
Finance and workload
When we seize animals, how will their maintenance be funded?
There are powers for the court under s.35 of the Act to sell or otherwise dispose of animals once seized, and these decisions would be taken on a case by case basis. The court may order reimbursement of expenses incurred when carrying out an order made under s.35 (see s.36(1)(e)).
Why no additional funding if new powers have been introduced?
No additional funding is required because the new Act does not place a duty on local authorities to enforce the welfare and cruelty provisions.
Some members of the public come to local authorities because they can’t get through to the RSPCA. Won’t the Act mean we get even more calls?
The RSPCA anticipate that their national call centre will be able to cope with a potential rise in the volume of calls following the implementation of the Act. Nevertheless, more liaison is encouraged and Defra is working with all main parties who will enforce the Act on an statement of intent regarding enforcement procedures which should improve consistency to some extent. In addition, we would always encourage the development of informal relationships at local level to improve communication. Should there be a rise in the number of calls you take, it’s a matter for you whether you enforce the Act – there is no duty on you to do so.
Will Defra write to LAs making it clear that we don’t have to enforce the cruelty and welfare offences?
No need. The Act is clear that inspectors can rather than shall.
Improvement notices
Why no offence for failing to comply with an improvement notice?
We would need an appeals process in order to be Human Rights compliant if we had such an offence. The right to make an appeal could delay taking action and this would undermine the value of improvement notices.
Can we issue improvement notices for pet shops?
Yes.Is issuing an improvement notice obligatory before prosecuting under the welfare offence?
No.
Does a vet need to be consulted when drawing up a notice?
No, although this may be good practice in many cases.
Will there be a standardised template for improvement notices or will each local authority be responsible for making their own?
Although there is no set template in the Act for an improvement notice, it would be better if there were a standardised format. We will work with Animal Health and LACORS in drawing up a template. We have a precedent in the existing notices used under the Welfare of Farm Animals (England) Regulations 2000.
Powers available in emergency
When do emergency powers come in?
When a protected animal is suffering an inspector or constable is empowered to take whatever steps may be necessary to alleviate that suffering by sections 18 and 19 of the Act.
Can we seize documents as well as animals under powers of seizure?
The power relating to the seizure of documents is set out in paragraph 10(2) of Schedule 2.
How will power to seize animals work under disease restriction movement controls?
It would depend on the controls at the time and could vary depending on the case.
Will LA inspectors be able to get into 'private dwellings' where they are being used for a licensable activity (i.e dog breeding from a garden shed?)
Yes, but 24 hours’ notice needs to be given. See s.26(3) and s.62(3).
DWAA and ZLA
Is the Dangerous Wild Animals Act included?
No. The DWAA was kept outside the AW Act because it is mainly concerned with public protection. A separate review on the DWAA is being carried out.
How does the Act apply to animals licensed under the Zoo Licensing Act?
The same as any other protected animal.
Prosecution
Why is the time limit for a prosecution 6 months?
Section 31 of the Act allows for proceedings to be taken up to three years after the commission of an offence under the Act; the time limit of 6 months relates only to the period between having sufficient evidence to justify proceedings being taken and proceedings starting, not the period of investigation. Nevertheless, it should be noted that as soon as sufficient evidence of an offence has been gathered, the six month time limit starts running. This provision is from the Magistrates’ Courts Act 1980 and applies to most similar legislation.
Who can local authorities approach for more advice on the welfare of animals in pursuing a prosecution?
Animal Health (formerly State Veterinary Service) for farm animals, and veterinary surgeons or specialist groups in relation to other animals. You may be able to recover reasonable costs through the courts for any advice that an adviser provides; sections 33(4)(e), 36(1)(e), 38(3)(e) and 39(1) of the Act allow for reasonable costs to be recovered where a court order has been made.
Disqualification
Will there be a database for local authorities to trace those disqualified?
This will be dependent on Defra resources/ IT priorities.
Secondary Legislation, Licensing, Registration, and Codes of Practice
Is the three year licence an absolute or can we issue any licence up to three years’ duration?
It is currently our intention in any new regulation that introduces a licensing regime to stipulate that the maximum interval between licensing inspections should be three years. We would expect most licences to run for a period of 3 years but there would be provision for stipulating shorter periods on a risk managed basis. There would of course be a power to inspect licensed premises at any time if the inspector felt it to be necessary.
How will the old codes of practice and old legislation fit with new/amended versions – when will we use what?
The AWA makes provision for existing legislation and codes to remain in force. Section 13(8) of and Schedule 4 to the AWA set out those Acts or sections of Acts which will eventually be repealed using powers under the AWA and replaced with more up-to-date legislation. There is no inconsistency between the requirements of the AWA and these Acts. However, we recognise that they are in need of modernisation.
The regulation-making powers provided in the Animals (Miscellaneous Provisions) Act 1964 are being retained for the time being. This is to enable the Welfare of Farmed Animals Regulations relating to England and Wales and the codes relating to farmed animals to be revised and replaced.
The Welfare of Livestock (Prohibited Operations) Regulations 1982 do not appear on the list of laws to be repealed by the new Act and yet the ban on mutilations will effectively supersede them.
The Welfare of Animals (Miscellaneous Revocations) (England) Regulations (to be made at the same time as the Mutilations Regulations) will repeal them in so far as they apply in England.
How much guidance will be provided from Defra to local authorities on risk based inspection? Will there be a national risk-rating scheme?
During the preparation and passage of the Bill there was some criticism of what were seen as differing standards of enforcement between local authorities. We consider it is important that there is a uniform standard and to achieve this objective it is essential that regulations are backed up by codes of practice that have been approved by parliament. We would not wish to speculate at this stage as to how the codes would help underpin risk management but clearly this is a matter that will need to be addressed.
Who will audit under self-regulation?
We have identified some areas – greyhound welfare, performing animals, pedigree dog breeding and livery yards – that may be suitable for some degree of self-regulation. Clearly self-regulation can only work if the approved regulatory body can demonstrate that it is open and auditable. It will therefore need to have the respect of the industry, key welfare organisations and other law enforcement agencies. Its integrity will also be open to parliamentary scrutiny at the time that regulations are considered by parliament. These are tough hurdles and it is essential that the regulatory body has in place mechanisms to ensure that an open system of auditing is in place. It is premature to speculate as to what these mechanisms are likely to be but we accept that a system which may work within one body may not necessarily be suitable for other bodies.
How will the mechanism for revoking licences work?
It will be detailed in the regulations. It is not anticipated that the mechanism will be very different from existing mechanisms.
Is 'registration' little more than a licence without conditions?
No - we anticipate that any system of registration will be for a finite period, no more than 5 years, confer a power of entry on inspectors and that applications for registration would need to be endorsed by a veterinary surgeon. There could also be additional conditions that would have to be met in order to achieve registration.
Can licences be varied? i.e. where there is a change in circumstances of the licensee?
Yes, that is possible.
Pet vending
Are poultry fairs considered to be fur and feather auctions?
We will be looking closely at animal auctions when we consider regulation of pet fairs.
How will inspectors be able to tell the difference between a commercial trader and a hobbyist at a pet fair?
This is something we will be addressing when we consider drafting the pet fair regulations.
Why is Scotland not proposing to ban the commercial selling of animals at pet fairs and will their decision provide an inconsistency as well as loopholes?
We are not aware of their final decision on pet fairs yet. There will inevitably be inconsistencies between the different devolved administrations because animal welfare is a devolved matter, but we are liaising closely with Scottish officials.
When will the pet vending regulations come into force?
Our intention is 2008.
Livery yards
If there is a welfare concern at a BHS registered livery yard, who will intervene?
It is premature to offer a definitive answer. No date has been fixed for bringing forward regulations relating to livery yards. We do not know at this stage whether or not the BHS will undertake regulatory work and clearly this is a question that we will need to discuss at the time with key stakeholders.
Who will be responsible if there is a concern of poor welfare at a livery yard – yard owner or horse owner?
Our initial thinking is that there should be a written agreement between yard owner and each horse owner – this would make clear who is responsible for what.
Do livery yards really need to be inspected by a veterinary surgeon? There aren’t many relevantly qualified vets.
The regulations have not yet been finalised, although we do feel it desirable that a vet is involved in the inspection process. It is our intention to further discuss the provision of veterinary support with the professional veterinary associations.
Why has the proposed date for the introduction of a livery yard licensing scheme been put back?
MPs and peers in Parliament focused on welfare issues elsewhere, so our limited resources are now prioritised on work that was considered more urgent.
What types of livery yard will be covered? Will the scheme cover horse racing yards?
Livery is a broad spectrum which could include any responsibility for the horses of others for payment. However, horse racing yards have indicated that they would prefer their own system of self-regulation. This seems reasonable and will need to be discussed with the industry and other key stakeholders.
Will BHS approved Riding Schools be exempt for a Riding Schools licence?
The present system of licensing which involves local authority inspectors and veterinary surgeons appears to work fairly well. We do not anticipate a need to involve other agencies in the licensing process.
Tail docking of dogs
What is happening with tail docking in Scotland?
There will be a complete ban on the docking of dogs with no exemption for working dogs. There is also be a ban on people transporting their dogs to England to be docked.
What would happen if the Council of Docked Breeds submitted evidence to the government that dogs with undocked tails were suffering an increase in tail damage as a result of the ban?
We would have to consider this issue if it arose.
Are all working docked dogs banned from being shown?
They will be allowed to take part in events for which the public is not charged an admission fee. Where the public is charged for admission, docked dogs may only be shown for the purpose of demonstrating their working ability, e.g. in such as field trials.
Why are springer spaniels exempt from docking ban [In relation to police work]?
We understand that the police consider springer spaniels to be one of the most suitable breeds for use as sniffer dogs.
A considerable number of docked dogs are imported from Ireland under poor welfare conditions. Won’t the tail docking ban increase this trade as demand in this country for docked dogs increases?
It won’t be illegal to import a docked dog into this country. Owners of dogs docked in this country must have a certificate from the vet. Owners of imported dogs should have an importation certificate. Dogs imported from other European countries will need to comply with the requirements of the Pet Travel Scheme. However, there will be a ban on showing docked dogs at events to which members of the public are admitted for a fee (unless for the purpose of demonstrating working ability), and we anticipate this will reduce much of the demand for dogs docked for cosmetic reasons.
Performing animals/zoos
What about performing animals in zoos?
Zoos are inspected under the Zoo Licensing Act. We do not anticipate that performance at zoos is an issue that would be addressed in secondary legislation under the Act, although it is an area that needs to be further discussed with officials responsible for the ZLA.
How can circuses provide for the 5 freedoms of any animal?
We are currently looking at the welfare of wild animals in circuses with an intention to regulate by 2008. We are not aware of any scientific evidence that might lead us to conclude that circuses are inherently detrimental to the welfare of domestic animals.
Will the performing animal training licence include amateur performances?
It is far too early to speculate as to how trainers will be regulated and the scope of any regulatory system.
Boarding
Will home boarders need to be licensed?
Yes – there is pressure from stakeholders to include home boarding in the new regulatory system. It is our intention to more clearly define home boarding to assist both enforcers and those running home boarding establishments.
What about animal charity home boarders? (volunteers keep animals in their home before animal is re-homed).
We need to look more closely at that – particularly the argument that they are more akin to sanctuaries than home boarding.
How will home boarders be regulated when arrangements are made through a centralised service provider ?
We will need to consider this when drawing up regulations. However, it would be difficult to see how the organiser can be licensed if they do not keep any animals – it is the premises boarding the dog that need to be inspected and licensed.
Will the boarding of small mammals be licensed?
No plans to - the welfare offence will, of course, apply.
Sanctuaries
Have you a definition for an “animal sanctuary”?
Our working draft is as follows, but we recognise that this will be further refined when we come to look at sanctuaries in more detail, and welcome comments.
“An animal sanctuary is any facility which seeks to admit and care for displaced, injured or unwanted animals on a regular basis, whether companion, farmed, wild or other animals, with a view to either re-homing, rehabilitating or providing long-term care for them.”
Who will register animal sanctuaries?
We envisage that local authorities would register them, although this has not been finalised.
Could we refuse to register a sanctuary?
Yes - and therefore they would have to cease their activities.
Training and qualifications
Are there currently providers of qualifications relating to animal boarding and livery yards? Would only new people be asked to take these qualifications?
All industries recognise the need for their managers to have properly assessed competencies. We have held discussions with LANTRA (the Sector Skills Council for the Environmental and Land-Based Sector) as to how there could be a consistent standard of competence for all people managing licensed activities under the AWA. We see this as an achievable objective provided that we continue to have the support of LANTRA and the industry being regulated.
How do we improve the training for local authority inspectors?
We have provided several training sessions, but ultimately it will be up to local authorities to organise their training. Of course, Defra will provide support where appropriate and where resources permit.
Role of RSPCA
Will RSPCA enforce cruelty/welfare offences?
Yes, the AWA is a common informers’ act, so anyone can prosecute. This is the same as the 1911 Act and a lot of other legislation. They have not been given, nor have they sought, any new powers.
Sometimes find RSPCA unco-operative – we don’t know whether they have already taken action in a particular case.
We know that the relationship between LAs and RSPCA can vary. At present none of those who enforce the Act has a formal obligation to notify other bodies of any action taken, but we are working on a statement of intent which should improve the consistency of procedures to some extent. In addition, we would always encourage the development of informal relationships at local level to improve communication.
LACORS has previously issued guidance on communications between local authorities and the RSPCA specifically in terms of farmed animals. This can be found on the LACORS website.
The RSPCA cannot issue formal improvement notices under the Act. They do, and will continue to, issue their own informal ‘improvement notices’. These are not formal notices under the Act and have no power in law.
Other
Will dog groomers need to be licensed?
No. This is not an appropriate area for government regulation, although it may be a suitable area for industry self-regulation.
Definition of ‘local authorities’ in section 62 of the Act does not include unitary authorities – why?
This represents standard legal drafting according to the Department for Communities and Local Government. Unitary authorities are technically either district or county councils in law. Unitary authorities can therefore enforce the Act.
Who will enforce under the Kennel Club’s Accredited Breeder Scheme?
We consider that the Accredited Breeder Scheme is a good starting point in deciding what needs to be in a modern system of regulation for dog breeding. There might also be scope for self regulation for those who sign up to the Accredited breeder scheme. These are issues that can be considered further once the scheme has been evaluated and a decision made concerning the timing of secondary legislation in this area.
Will pinioning be included in the exemptions regulations to be made under the mutilations section?
Yes.
Will internet horse sales be licensed/included in a code?
This is something we can consider when we draw up regulations and a code on pet vending.
Top
of page
Page last modified: 24 April, 2007