Agenda Item No.
THE VALE OF GLAMORGAN COUNCIL
CABINET MEETING: 6 JUNE 2007
REPORT OF THE DIRECTOR OF LEGAL, PUBLIC
PROTECTION AND HOUSING SERVICES
ANIMAL WELFARE ACT 2006
Purpose of Report
1.
To inform Members of the main provisions and implications of the
new Animal Welfare Act 2006.
2.
To provide the Director of Legal, Public Protection and Housing
Services with delegated power to enforce and authorise
appropriately trained and competent officers to enforce the
provisions of the Animal Welfare Act 2006 and associated
regulations.
Background
3. The Animal
Welfare Act 2006 came into force on 29th March 2007 in
Wales. The Act consolidates much existing animal
health and welfare legislation and provides new powers to deal with
animal welfare matters by bringing together more than 20 pieces of
animal welfare legislation relating to farmed and non-farmed
animals.
Relevant Issues and Options
4.
The Animal Welfare Act 2006:
- introduces a “duty of care” on people to ensure the needs of
any animal for which they are responsible are met;
- creates a new offence of failing to provide for the needs of
animal in your care;
- allows action to protect animals to be taken much earlier –
rather than have to wait for an animal to show signs of suffering
e.g. enforcers will be able to intervene before suffering begins;
and
- places more emphasis on owners and keepers who will need to
understand their responsibilities and take all reasonable steps to
provide for the needs of their animals.
5. The Act places
specific responsibilities on owners and keepers of animals to
ensure that the welfare needs of their animals are met. These
include the need:
· For a suitable environment (place to
live)
· For a suitable diet
· To exhibit normal behaviour
patterns
· To be housed with, or apart from,
other animals (if applicable)
· To be protected from pain, injury,
suffering and disease
6. The new law also
increases to 16 the minimum age at which a person can buy an animal
and prohibits giving animals as prizes to unaccompanied children
under this age.
7. The Act makes
docking of dogs’ tails an offence except in respect of working dogs
of certain breeds.
8.
The Act also provides for new secondary legislation, some of which
replaces existing laws e.g. licensing of riding schools, animal
boarding and breeding establishments and pet shops, and some of
which may regulate new types of business e.g. pet fairs, animal
sanctuaries and livery yards. New responsibilities are
expected to be resourced by way of locally levied licence fees.
9.
The Act applies to animal health and welfare issues on farms, in
licensed animal establishments and also deals with more general
animal welfare matters such as the keeping of pets in domestic
premises.
10.
The Act in addition to creating new offences, provides officers
with additional powers to deal with matters they find in such
premises. These powers include:-
· Emergency powers in relation to
animals in distress
· Powers of entry and inspection
including the power to seize documents
· Prosecution powers
· Power to serve Improvement
notices
11.
There are new powers under the Act to deal with matters such as
animal fighting but these are mainly the preserve of the Police.
For Local Authorities the key new power is to enforce the duty of
care placed on owners and keepers of animals and the ability to
deal with behaviour likely to cause unnecessary suffering rather
than having to wait until they could show animals had already
suffered. This will assist Trading Standards Animal Health
officers in their work on farms and licensing staff in their work
in animal establishments.
Resource Implications (Financial and
Employment)
12. The Act and
Regulations introduced under it will place additional burdens on
local authorities. DEFRA accepts this and considers that
there needs to be a considerable degree of flexibility in the
powers and duties given by any new schemes introduced under the
Act. It is envisaged that the cost of schemes introduced
under the Act will be met locally by setting the cost of a license
or registration scheme to meet administration and enforcement
costs. There is also provision in the Act to apply for
reimbursement of costs associated with the necessary seizure or
destruction of animals under the Act.
Legal Implications (to include Human Rights
Implications)
13.
Whilst the Animal Welfare Act introduces new powers for local
authority officers in relation to animal welfare, there is no
obligation on local authorities to use these powers. The Act is a
‘common informers’ Act meaning that anyone can bring a prosecution
for an offence. Whilst it is envisaged that the RSPCA will
continue to investigate offences and bring prosecutions,
particularly in relation to companion and domestic animals, RSPCA
inspectors will not have formal enforcement powers under the Act.
So for example, they do not have the power to serve improvement
notices introduced under the Act, or where access to premises
without the owner’s consent is sought, the RSPCA will have to be
accompanied by a local authority officer or police officer.
The government expects that many of the new powers will help
local authority officers carry out their existing duties more
effectively, with an extra focus on prevention of suffering before
it occurs.
Crime and Disorder Implications
14.
Whilst there are no direct Crime and Disorder implications arising
directly from this report the new Act introduces several new
criminal offences in relation to animal welfare.
Equal Opportunities Implications (to include
Welsh Language Issues)
15. There
are no Equal Opportunities implications.
Corporate/Service Objectives
16. The
Animal Welfare Act 2006 will impact on meeting the following
Corporate Objective: -
·
Community Well Being - To make the Vale a safe and
healthy place in which individuals, children and families can live
their lives to the full.
It will also meet the following Regulatory
Services Objective: -
·
To protect the health and safety of the community by ensuring
businesses meet legislative requirements, controlling infectious
disease, encouraging responsible dog ownership, controlling pests
and regulating animal health and welfare.
Policy Framework and Budget
17. This
is a mater for Executive decision by Cabinet.
Consultation (Including Ward Member
Consultation)
Appropriate Scrutiny Committee
19. Corporate
Resources
RECOMMENDATIONS
1. THAT Cabinet
note the new provisions and implications of the Animal Welfare Act
2006.
2. THAT Cabinet
provide the Director of Legal, Public Protection and Housing
Services with delegated power to enforce and authorise
appropriately trained and competent officers to enforce the
provisions of the Animal Welfare Act and Regulations made under
it.
(1&2) To inform members and
ensure officers are appropriately authorised under the Animal
Welfare Act 2006.
Contact Officer – Kate Thompson MSC,
BSc(hons), MCIEH
Operational Manager Public Protection
Tel: 01446 709356
Peter Evans
Director of Legal, Public Protection
and Housing Services