Animal Welfare & Legislation

Question 1

What is the primary animal welfare legislation?

Answer 1

Animal Health and Welfare (Scotland) Act 2006

Question 2

What is a primary legislation called?

Answer 2

An act

Question 3

What is a secondary legislation called?

Answer 3

A regulation/order

Question 4

What are the 4 purposes of the act?

Answer 4

• to promote the welfare of animals and prevent harm and suffering
• introduce a duty of care on those responsible for the animal
• owners and keepers have a responsibility to ensure the five animal welfare needs are met as their duty of care
• any animals either suffering or in danger of suffering to be removed

Question 5

What is the duty of care?

Answer 5

• owners have a duty of care to provide for their animals basic needs, such as adequate food and water, veterinary treatment, and an appropriate environment in which to live

Question 6

What are the 5 welfare needs?

Answer 6

• a suitable environment
• a suitable diet
• ability to exhibit normal behaviours
• ability to interact with other animals
• be protected from suffering, pain, injury and disease

Question 7

What are the codes of practice?

Answer 7

• this is species-specific
• it is based upon the welfare needs and ensures the duty of care is met by anyone owning or caring for the species

Question 8

What do the codes of practice exist for?

Answer 8

• dogs
• cats
• rabbits
• equine species
• pet travel scheme (includes dogs, cats, ferrets)

Question 9

How do the codes of practice help to maintain the welfare standards?

Answer 9

• easily understandable
• considers all welfare needs
• specific to species
• accessible to most
• clear/concise information
• includes details regarding legislation relevant to the species

Question 10

What is the Animal Welfare (sentience) Act 2022?

Answer 10

• it recognises the sentience and welfare needs of all vertebrates and some invertebrates

Question 11

What does the Animal Welfare (sentience) Act 2022 enforce?

Answer 11

• it requires policy makers to consider animal sentience when creating or changing laws
• interests of animals must be considered when laws are made

Question 12

What is included in the Protected Criteria?

Answer 12

• vertebrates
  (mammals, birds, reptiles, amphibians, fish)
• excludes animals in foetal or embryonic form
• under control of humans, on a temporary or permanent basis
• not living in wild states

Question 13

Who is responsible for the welfare of animals?

Answer 13

• the animals owner
• can be shared with another owner (even temporarily)
• parents are if the person is under 16
• keepers in the workplace
• a number of people can be at any one time

Question 14

What is unnecessary suffering?

Answer 14

• its an offence to cause a protected animal unnecessary suffering by any act or failure to act

Question 15

What is also considered as an offence?

Answer 15

• where a person responsible for an animals fails to take reasonable steps to prevent another person from causing unnecessary suffering

Question 16

What are the 7 offences under the act?

Answer 16

Neglect - to take reasonable steps to ensure welfare
Cause - a protected animal unnecessary suffering
Carry Out - mutilations or cruel operations
Administer - poisons
Abandon - an animal
Use - for fighting or as a prize
Sell - to children

Question 17

What are reasons for abandonment?

Answer 17

• financial factors
• unwanted litters
• behavioural problems
• loss of interest
• lack of space or time
• relocation
• death or illness of owner
• allergies
• birth of child or divorce
• changes in legislation

Question 18

How is animal fighting described?

Answer 18

• a prohibited animal fight is defined as a scenario where a protected animal is placed with an animal or human for the purpose of fighting, wrestling or baiting

Question 19

In regards to animal fighting what are offences?

Answer 19

• to attend a fight
• to organise or bet on an animal fight
• to allow a premises to be used for a fight
• to possess animal fighting equipment
• to make a recording of a fight in the UK

Question 20

What are the rules for sales of animals to children?

Answer 20

• an offence to sell an animal to someone under 16, however someone under 16 can own an animals
  (allows them to enter shows)

Question 21

What are the rules for using animals as prizes?

Answer 21

• is an offence for a person to offer or give another person an animal as a prize

Question 22

What are prohibited procedures?

Answer 22

• is an offence to carry out a prohibited procedure on a protected animal
• also an offence if a person responsible for an animal fails to prevent another person from carrying out a prohibited procedure

Question 23

What regulation do prohibited procedures fall under?

Answer 23

Prohibited Procedures on Protected Animals (exemptions) (Scotland) Amendment Regulations 2017

Question 24

What is mutilation?

Answer 24

• interference with the sensitive tissues or bone structure of the animal
• tail docking or ear cropping
• medical treatment is excluded

Question 25

Explain the different factors around tail docking?

Answer 25

• evidence shows it causes severe and long lasting pain
• deprives them of a form of communication
• exemptions for certified working dogs up to 5 days
• must be carried out by qualified vet and certificate signed

Question 26

Why may a secondary legislation be preferred?

Answer 26

• easier and faster to add on this to an act rather than write a whole new separate act (law)

Question 27

What is Microchipping of Dogs (Scotland) Regulation 2016?

Answer 27

• states all keepers of dogs in Scotland must have their dogs microchipped and registered with a government approved microchipping database
• this must be within 8 weeks of birth

Question 28

How does the microchipping dogs regulation improve welfare?

Answer 28

• it increases traceability of dogs
• it encourages responsible ownership

Question 29

What are rules around taking possession of an animal?

Answer 29

• a protected animal can be removed if a vet certifies that the animal is suffering

Question 30

What is the Animals and Wildlife (penalties, protections, powers) (Scotland) Act 2020?

Answer 30

• the law increase the maximum available penalties (5 years of imprisonment) (unlimited fine)
• provides fixed penalties in relation to welfare, health and offences
• courts to consider making disqualification orders
• increases powers on inspectors, to take possession of an abused animal without the need to obtain a court order