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United Kingdom Protection of Animals Act 1911
and subsequent Amendments.
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An Act to consolidate,
amend, and extend certain enactments relating to Animals and to
Knackers: and to make further provision with respect thereto.
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[18th
August 1911]
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Be
it enacted by the King’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows:
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| Offences
of cruelty. |
1.-
(1) If any person--
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| (a) |
shall
cruelly beat, kick; ill-treat, over-ride, over-drive, over-load, torture,
infuriate, or terrify any animal, or shall cause or procure,
or, being the owner, permit any animal to be so used, or shall, by wantonly
or unreasonably doing or omitting to do any act, or causing or procuring
the commission or omission of any act, cause any unnecessary suffering,
or,being the owner, permit any unnecessary suffering to be so caused
to any animal; or
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| (b) |
shall
convey or carry, or cause or procure, or, being the owner, permit
to be conveyed or carried, any animal in such manner or position
as to cause that animal any unnecessary suffering; or
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| (c) |
shall
cause, procure, or assist at the fighting or baiting of any animal;
of shall keep, use, manage, or act or assist in the management of,
any premises or place for the
purpose,
or partly for the purpose, of fighting or baiting any animal, or shall
permit any premises or place to be so kept, managed, or used, or shall
receive, or cause or procure any person to receive, money for the
admission of any person to such premises or place; or
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| (d) |
shall
wilfully, without any reasonable cause or excuse, administer, or cause
or procure, or being the owner permit, such administration of, any
poisonous or injurious drug or substance to any anima,l, or shall
wilfully, without any reasonable cause
or excuse,
cause any such substance to be taken by any animal; or
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| (e) |
shall
subject, or cause or procure, or being the owner permit, to be subjected,
any animal to any operation which is performed without due care and
humanity;
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such
person shall be guilty of an offence of cruelty within the meaning
of this Act, and shall be liable upon summary conviction to a fine
not exceeding twenty-five pounds, or alternatively, or in addition
thereto, to be imprisoned, with or without hard labour, for any term
not exceeding six months.
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(2)
For the purposes of this section, an owner shall be
deemed to
have permitted cruelty within the meaning of this Act if he shall
have failed to exercise reasonable care and supervision in respect
of the protection of the animal therefrom:
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Provided
that, where an owner is convicted of permitting cruelty within the
meaning of this Act by reason only of his having failed to exercise
such care and supervision, he shall not be liable to imprisonment
without the option of a fine.
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| 39
& 40 Vict.c. 77. |
(3).
Nothing in this section shall render illegal any act lawfully done
under the Cruelty to Animals Act, 1876, or shall apply
–
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| (a) |
to
the commission or omission of any act in the course of the destruction,
or the preparation for destruction, of any animal as food for mankind,
unless such destruction or such preparation was accompanied by the
infliction of unnecessary suffering; or
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| (b) |
to
the coursing or hunting of any captive animal, unless such animal
is liberated in an injured, mutilated, or exhausted condition; but
a
captive
animal shall not, for the purposes of this section, be deemed to be
coursed or hunted before it is liberated for the purpose of being
coursed or hunted, or after it has
been recaptured,
or if it is under control.
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Power
for court
to order destruction of animals |
2.- Where the owner of an animal
is convicted of an offence of cruelty within the meaning of this Act,
it shall be lawful for the court, if the court is satisfied that it
would be cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal to any suitable
person for that purpose; and the person
to whom such animal is so assigned shall, as soon as possible, destroy
such animal, or cause or procure such animal to be destroyed, in his
presence without unnecessary suffering. Any reasonable expenses incurred
in destroying the animal may be ordered by the court to be paid by
the owner, and thereupon shall be recoverable
summarily as a civil debt:
Provided that, unless the owner assent,
no order shall be made under this section except upon the evidence
of
a duly registered
veterinary surgeon.
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| Power
for court to deprive person convicted of cruelty of ownership of animal. |
3.- If the owner of
any animal shall be guilty of cruelty within the meaning of this Act
to the animal, the court, upon his conviction thereof, may, if they
think fit, in addition to any other punishment, deprive such person
of the ownership of the animal, and may make such order as to the
disposal of the animal as they think
fit under
the circumstances:
Provided that no order shall be made under this section, unless it
is shown by evidence as to a previous conviction, or as to
the character
of the owner, or otherwise, that the animal, if left with the owner,
is likely to be exposed to further cruelty.
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| Compensation
for damage done by cruelty to an animal |
4.- If any person shall, by cruelty
within the meaning of this Act to any animal, do or cause to be done,
any damage or injury to the
animal or
any person or property, he shall upon conviction for
the cruelty
under this Act, be liable upon the
application
of the person aggrieved to be ordered to pay as compensation to the
person who shall sustain damage or injury
as aforesaid,
such sum
not exceeding
ten pounds, as the court before whom he is convicted may consider
reasonable:-
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Provided
that this section shall not –
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| (a) |
prevent
the taking of any other legal proceedings in respect of any such damage
or injury, so that a person be not twice proceeded against in respect
of the same claim; nor
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| (b) |
affect
the liability of any person to be proceeded
against and punished under this Act for an offence of cruelty within the meaning of this Act.
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| Compliance
by knackers with certain regulations |
5.- (1) Every person
who shall carry on, or assist in carrying on, the trade or business
of a knacker shall observe and conform to the regulations set out
in the First Schedule to this Act, and, if any person, carrying on
or assisting in the carrying on of the said trade or business, contravenes
or fails to comply with, or causes or procures or permits any contravention
or non-compliance with, any such regulation, he shall be liable upon
summary conviction to a fine not exceeding ten pounds.
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(2)
Any constable shall have a right to enter any knacker’s yard at any
hour by day, or at any hour when business is or apparently is in progress
or is usually carried on therein, for the purpose of examining whether
there is or has been any contravention of or non-compliance with the
provisions of this Act, and, if any person refuses to permit any constable
to enter any premises which he is entitled to enter under this section,
or obstructs or impedes him in the execution of his duty under this
section, he shall, upon summary conviction, be liable to a fine not
exceeding five pounds.
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(3)
For the purposes of section one, which relates to offences of cruelty,
of this Act, a knacker shall be deemed to be the owner of any animal
delivered to him.
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(4)
For the purposes of this Act, an animal shall be deemed to have been
delivered to a knacker if it has been delivered either to the knacker
himself, or to any person on his behalf, or at the knacker’s yard.
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| Persons
licensed to slaughter horses not to be horse dealers at same time |
6.- (1) It shall not be
lawful for any person who shall be licensed to slaughter horses, during
the time while such licence shall be in force, to carry on the trade
or business of a dealer in horses. |
(2)
If any person shall act in contravention of this section, he shall
be liable upon summary conviction to a fine not exceeding ten pounds.
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| Animals
in pounds |
7.- (1) Any person who
impounds or confines, or causes to be impounded or confined, any animal
in any pound shall, while the animal is so impounded or confined,
supply it with a sufficient quantity of wholesome and suitable food
and water, and, if he fails to do so, he shall be liable upon summary
conviction to a fine not exceeding five pounds.
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(2)
If any animal is impounded or confined in any pound
and is without
sufficient suitable food or water for six successive hours, or longer,
any person may enter the pound for the purpose of supplying the animal
therewith.
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(3) The reasonable cost of the food and water supplied to any
animal impounded or confined in any pound shall be recoverable summarily
from the owner of the animal as a civil debt.
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| Poisoned
grain and flesh, &c. |
8.- If any person –
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| (a) |
shall
sell, or offer or expose for sale, or give away, or cause or procure
any person to sell or offer or expose for sale or give away, or knowingly
be a party to the sale or offering or exposing for sale or giving
away of any grain or seed which has been rendered poisonous except
for bona fide use in agriculture; or
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| (b) |
shall
knowingly put or place, or cause or procure any person to put or place,
or knowingly be a party to the putting or placing,, in or upon any
land or building any poison, or any fluid or edible matter (not being
sown seed or grain) which has been rendered poisonous,
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such
person shall, upon summary conviction, be liable to a fine not exceeding
ten pounds:
Provided that, in any proceedings under
paragraph (b) of this section, it shall be a defence that the poison
was placed by the accused for the purpose of destroying rats, mice,
or other small vermin, and that he took all reasonable precautions
to prevent access thereto of dogs, cats, fowls, or other domestic
animals.
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| Use
of dogs for purposes of draught |
9.- If any person shall
use, or cause or procure, or being the owner permit, to be used, any
dog for the purpose of drawing or helping to draw any cart, carriage,
truck, or barrow, on any public highway, he shall be liable upon summary
conviction in respect of the first offence to a fine not exceeding
two pounds, and in respect of the second or any subsequent offence
to a fine not exceeding five pounds.
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| Inspection
of traps |
10.-
Any person who sets, or causes or procures to be set, any spring trap
for the purpose of catching any hare or rabbit, or which is so placed
as to be likely to catch any hare or rabbit, shall inspect, or cause
some competent person to inspect, the trap at reasonable intervals
of time and at least once every day between sunrise and sunset, and,
if any person shall fail to comply with the provisions of this section,
he shall be liable, upon summary conviction, to a fine not exceeding
five pounds.
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| Injured
animals |
11.-
(1.) If a police constable finds any animal so diseased or so
severely
injured or in such a physical condition that, in his
opinion,
having regard to the means available for removing the
animal,
there is no possibility of removing it without cruelty, he shall,
if the owner is absent or refuses to consent to the destruction of
the animal, at once summon a duly registered veterinary surgeon, if
any such veterinary surgeon resides within a reasonable distance,
and, if it appears by the certificate of such veterinary surgeon that
the animal is mortally injured, or so severely injured, or so diseased,
or in such physical condition, that it is cruel to keep it alive,
it shall be lawful for the police constable, without the consent of
the owner, to slaughter the animal, or cause or procure it to be slaughtered,
with such instruments or appliances, and with such precautions, and
in such manner, as to inflict as little suffering as practicable,
and, if the slaughter takes place on any public highway, to remove
the carcass or cause or procure it to be removed therefrom.
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(2)
If any veterinary surgeon summoned under this section certifies that
the injured animal can without cruelty be removed, it shall be the
duty of the person in charge of the animal to cause it forthwith to
be removed with as little suffering as possible, and, if that person
fail so to do, the police constable may, without the consent of that
person, cause the animal forthwith to be so removed.
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(3)
Any expense which may be reasonably incurred by any constable in carrying
out the provisions of this section (including the expenses of any
veterinary surgeon summoned by the constable, and whether the animal
is slaughtered under this section or not) may be recovered from the
owner summarily as a civil debt, and, subject thereto, any such expense
shall be defrayed out of the fund from which the expenses of the police
are payable in the area in which the animal is found.
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(4)
For the purposes of this section, the expression " animal " means
any horse, mule, ass, bull, sheep, goat, or pig.
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| Powers
of constables. |
12.- (1) A police constable may apprehend without warrant
any person who he has reason to believe is guilty of an offence under
this Act which is punishable by imprisonment without the option of
a fine, whether upon his own view thereof or upon the complaint and
information of any other person who shall declare his name and place
of abode to such constable
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(2)
Where a person having charge of a vehicle or animal is apprehended
by a police constable for an offence under this Act, it shall be lawful
for that or any other constable to take charge of such vehicle or
animal, and to deposit the same in some place of safe custody until
the termination of the proceedings or until the court shall direct
such vehicle or animal to he delivered to the person charged or the
owner, and the reasonable costs of such detention, including the reasonable
costs of veterinary treatment where such treatment is required, shall,
in the event of a conviction in respect of the said animal, be recoverable
from the owner summarily as a civil debt, or, where the owner himself
is convicted, shall be part of the costs of the case.
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| Employers
and owners to produce drivers or animals if so required |
13.- (1) Where proceedings
are instituted under this Act against the driver or conductor of any
vehicle, it shall be lawful for the court to issue a summons directed
to the employer of the driver or conductor, as the case may be, requiring
him, if it is in his power so to do, to produce the driver or conductor
at the hearing of the case.
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(2)
Where proceedings are instituted under this Act, it shall be lawful
for the court to issue a summons directed to the owner of the animal
requiring him to produce either at, or at any time before, the hearing
of the case, as may be stated in the summons, the animal for the inspection
of the court, if such production is possible without cruelty.
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(3)
Where a summons is issued under either of the foregoing subsections
of this section, and the owner or employer, as the case may be, fails
to comply therewith without satisfactory excuse, he shall be liable
upon summary conviction to a fine not exceeding five pounds for the
first occasion, and not exceeding ten pounds for the second or any
subsequent occasion, on which he so fails, and may be required to
pay the costs of any adjournment rendered necessary by his failure.
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| Appeals |
14.-
(1) An appeal shall lie from any conviction or order (other than an
order for the destruction
of an animal)
by a court of summary jurisdiction under this Act to quarter sessions.
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| 42
& 43 Vict. c.49 |
(2)
Where there is an appeal by the owner of an animal from any conviction
or order by a court of summary jurisdiction under this Act, the court
may direct that the recognisance required to be entered into under
subsection (3) of section thirty-one, which relates to procedure on
appeal to general or quarter sessions, of the Summary Jurisdiction
Act, 1879, shall include an undertaking not to sell or part with the
animal until the appeal is determined or abandoned, and to produce
it on the hearing of the appeal if such production is possible without
cruelty. |
15.- In this Act, except
the context otherwise requires, or it is otherwise expressly provided
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| (a) |
the
expression "animal" means any domestic or captive animal;
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| (b) |
the
expression " domestic animal" means any horse, ass, mule, bull, sheep,
pig, goat, dog, cat, or fowl, or any other animal of whatsoever kind
or species, and whether a quadruped or not which is tame or which
has been or is being sufficiently tamed to serve some purpose for
the use of man;
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| (c) |
the
expression "captive animal" means any animal (not being a domestic
animal) of whatsoever kind or species, and whether a quadruped or
not, including any bird, fish, or reptile, which is in captivity,
or confinement, or which is maimed, pinioned, or subjected to any,
appliance or contrivance for the purpose of hindering or preventing
its escape from captivity or confinement;
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| (d) |
the
expression, " horse " includes any mare, gelding pony, foal, colt,
filly, or stallion; and the expression " bull " includes any cow,
bullock, heifer, calf, steer, or ox, and the expression " sheep" includes
any lamb, ewe, or ram; and the expression " pig" includes any boar,
hog, or sow; and the expression " goat " includes a kid; and the expression
"dog" includes any bitch, sapling, or puppy; and the expression "
cat " includes a kitten; and the expression " fowl " includes any
cock, hen, chicken, capon, turkey, goose, gander, duck, drake, guinea-fowl,
peacock, peahen, swan, or pigeon;
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| (e) |
the
expression "knacker" means a person whose trade or business it is
to kill any cattle not killed, for the purpose of the flesh being
used as butcher’s meat, and the expression "knacker’s yard " means
any building or place used for the purpose, or partly for the purpose,
of such trade or business, and the expression " cattle" includes any
horse, ass, ’mule, bull, sheep, goat, or pig;
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| (f) |
The
expression "pound," used in relation to, the impounding or confining
of animals, includes any receptacle of a like nature
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| Extent
of Act. |
16.- This Act shall not
apply to Scotland.
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| Application
to Ireland |
17.- This Act in its application
to Ireland shall be subject to the following modifications, namely
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| 14
& 15 Vict. c.92. |
(1)
–(a) |
Section twenty-three
of the Summary Jurisdiction (Ireland) Act, 1851 (which gives a right
of appeal), shall apply as respects any conviction or order under
this Act (other than an order for the destruction of an animal), notwithstanding
that the fine imposed does not exceed twenty shillings or that the
term of imprisonment imposed does not exceed one month;
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| 14
& 15 Vict. c.93 |
(b) |
A reference to
section twenty-four of the Petty Sessions (Ireland) Act, 1851, shall
be substituted for the reference to subsection (3) of section thirty-one
of the Summary Jurisdiction Act, 1879,
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(2)
Nothing in section eight of this Act shall prevent owners or occupiers
of land in Ireland from laying or causing to be laid any poison or
poisonous matter as therein described, after a notice has been posted
in a conspicuous place, and notice in writing has been given to the
nearest constabulary station.
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| Repeals |
18.- Except so far as
applying to Scotland, the enactments mentioned in the Second Schedule
to this Act are repealed to the extent mentioned in the third column
of that schedule.
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| Commencement,
saving for pending proceedings, and short title. |
19.- (1) This Act shall
come into operation on the first day of January nineteen hundred and
twelve.
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(2)
This Act shall not apply where proceedings have been instituted before
the commencement of this Act.
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(3)
This Act may be cited as the Protection of Animals
Act, 1911.
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Schedules
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First
Schedule
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1.
The name of the knacker, together with the word " knacker," shall
be painted or affixed in a conspicuous manner over the door or gate
of the knacker’s yard.
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2.
The hair shall be cut from the neck of any horse, ass, or mule directly
the animal has been delivered to the knacker.
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3.
All animals shall be slaughtered, with as little suffering as possible,
within two days from the time they have been delivered to the knacker.
Any animal which is in pain shall be so slaughtered without delay.
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4.
All animals shall be properly fed and watered after they have been
delivered to the knacker.
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5.
No animal shall be used or employed for any work after it has been
delivered to the knacker.
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6.
The knacker shall enter in a book kept for the purpose such a full
and correct description of the colour, marks, and gender of every
animal delivered to him as may clearly distinguish and identify the
same, and the name and address of the owner thereof, and the book
shall be produced by him before any justice of the peace upon the
requirement of such justice, and the knacker shall allow such book
to be inspected and extracts to be made therefrom at all reasonable
times by any police constable or by any other person authorised by
a justice of the peace.
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7.
No person who is under the age of sixteen years shall be admitted
to, or permitted to remain in, the knacker’s yard during the process
of slaughtering or of cutting up the carcass of any animal.
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8.
No animal shall be killed in the sight of any other animal awaiting
slaughter.
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| 9.
The knacker shall not sell or part with alive, or cause or procure
or permit any person to sell or part with alive, any animal which
has been delivered to him. |
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Second Schedule
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Enactments
Repealed
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Session
and Chapter
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Short
title
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Extent
of repeal
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26 Geo.3 c.71 |
The Knackers Act, 1786 -
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Section four. |
7 & 8 Vict. c.87. |
The Knackers Act, 1844 -
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Section three. |
12 & 13 Vict. c.92. |
The Cruelty to Animals Act, 1849. |
The whole Act, so far as not already repealed. |
17 & 18 Vict. c.60. |
The Cruelty to Animals Act, 1854. |
The whole Act. |
26 & 27 Vict. c.113. |
The Poisoned Grain Prohibition Act, 1863. |
The whole Act |
27 & 28 Vict. c.115. |
The Poisoned Flesh Prohibition Act, 1864. |
The whole Act |
39 & 40 Vict. c.13. |
The Drugging of Animals Act. 1876. |
The whole Act |
63 & 64 Vict. c.33. |
The Wild Animals in Captivity Protection Act, 1900. |
The whole Act |
7 Edw. 7 c.5. |
The Injured Animals Act, 1907. |
The whole Act |
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An Act
to amend the Protection of Animals Act, 1911, in respect of its
Imprisonment Penalty.
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[13th
December 1912.]
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Be
it enacted by the King’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows:
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| Diminution
of penalty. 1 & 2 Geo. 5. c.27. s1(1). |
1.-
Subsection (1) of section one of the Protection of Animals Act, 1911,
shall be amended by substituting the word "three " for the word "six."
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| Short
title. |
2.-
This Act may be cited as the Protection of Animals Act (1911) Amendment
Act, 1912. |
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An act to amend the Protection of Animals Act, 1911.
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[1st
July 1921.]
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Be
it enacted by the King’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and. Commons, in
this present Parliament assembled, and by the authority of the same
as follows: –
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Amendment
of Protection of Animals Act, 1911.
1 & 2 Geo. 5.
c. 27. s. 1,
subs. 3(b). |
1.-
The first section of the Protection of Animals Act, 1911, subsection
(3), paragraph (b), shall be amended by the addition thereto of the
following words: –
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"and
a captive animal shall not be deemed to he coursed or hunted
within the meaning of this sub-section if it is coursed or hunted
in an enclosed space from which it has no reasonable chance of escape"
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| Short
title. |
2.-
This Act may be cited as the Protection of Animals Act (1911) Amendment
Act, 1921. |
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An act to amend the Protection of Animals Act, 1911.
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[22nd
December 1927.]
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Be
it enacted by the King’s most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and. Commons, in
this present Parliament assembled, and by the authority of the same
as follows: –
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Poisoned
grain and flesh, &c.
1 & 2 Geo. 5. c. 27. |
1.- For the proviso of section eight
of the Protection of Animals Act, 1911, there shall be substituted
the following proviso, that is to say:-
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Provided
that, in any proceedings under paragraph (b) of this section, it shall
be a defence that the poison was placed by the accused for the purpose
of destroying insects and other invertebrates, rats, mice, or other
small ground vermin, where such is found to be necessary in the interests
of public health, agriculture, or the preservation of other animals,
domestic or wild, or for the purpose of manuring the land, and that
he took all reasonable precautions to prevent injury thereby to dogs,
cats, fowls, or other domestic animals and wild birds.
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| Short
title. |
2.- (1) This Act may be cited as the Protection of Animals
(Amendment) Act, 1927, and shall be construed as one with the Protection
of Animals Act, 1911, and that Act and this Act may be cited together
as the Protection of Animals Acts, 1911 to 1927.
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| (2)
This Act shall not apply to Northern Ireland. |
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An Act to provide futher protection to certain animals.
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[17th
May 1934.]
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Be
it enacted by the Kings’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows:-
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| Prohibition
of certain public contest, performances, and exhibition with animals. |
1.-(1) No person shall promote, or cause or knowingly permit to take
place any public performance which includes any episode consisting
of or involving-
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| (a) |
throwing
or casting, with ropes or other appliances, any unbroken horse
or untrained bull; or
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| (b) |
wrestling,
fighting, or struggling with any untrained buill; or
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| (c) |
riding,
or attempting to ride, anty horse or bull which by the use of
any appliance or treatment involving cruelty is, or has been,
stimulated with the intention of making it buck during the performance;
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and
no person shall in any public performance take part in any such episode
as aforesaid.
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(2) For the purposes of proceedings under paragraph (a) or paragraph
(b) of the preceding subsection, if an animal appear or is represented
to spectators to be unbroken or untrained it shall lie on the defendant
to prove that the animal is in fact broken or trained.
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In proceedings under paragraph (c) of the said subsection in respect
of the use of any such appliance or treatment as is therein mentioned
upon a horse before or during a performance, it shall be a defence
for the defendant to prove that he did not know, and could not reasonably
be expected to know, that the appliance or treatment was to be or
was used.
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(3) In this section-
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| 1
& 2 Geo.5. c.27. |
the
expressions "horse," and "bull" have, respectively, the same meanings
as in the Protection of Animals Act, 1911;
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the
expression "public performance" does not include a performance presented
to the public by means of the cinematograph.
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(4) In the application of this section to Scotland-
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| 2
& 3 Geo.5 c.14. |
the expression "horse" has the same meaning as in the Protection of
Animals (Scotland) Act 1912; and
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the expression "bull" means ox as defined in that Act.
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| Penalties. |
2. If any person contravenes any of the provisions of the foregoing
section, he shall be liable upon summary convition to a fine not exceeding
one hundred pounds or, alternatively, or in addition thereto, to be
imprisoned for any term not exceeding three months.
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| Short
title and extent. |
3.-(1) This Act may be cited as the Protection of Animals Act, 1934.
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(2) This Act shall not extend to Northern Ireland. |
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An
Act to extend the powers of the courts to disqualify for having
custody of animals persons convicted of cruelty to them and to increase
the maximum fine for offences of cruelty to animals; and for purposes
connected therewith.
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[5th
July, 1954]
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Be
it enacted by the Queen’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows: –
|
Power
to disqualify persons convicted of cruelty to animals
1 & 2 Geo.5. c.27
2 & 3 Geo.5 c.14. |
1.-(1) Where a person who has been convicted under the Protection
of Animals Act, 1911, or the Protection of Animals (Scotland) Act,
1912, of an offence of cruelty to any animal is subsequently
convicted under either of those Acts of such an offence, the court
by which he is convicted on the subsequent occasion may, if it thinks
fit, in addition to or in substitution for any other punishment, order
him to be disqualified, for such period as it thinks fit, for
having custody of any animal or any animal of a kind specified in
the order.
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|
(2) A court which has ordered the disqualification of a person in
pursuance of this section may, if it thinks fit, suspend the operation
of the order –
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| (a) |
for
such period as the court thinks necessary for enabling arrangements
to be made for the custody of any animal or animals to which
the disqualification relates; or
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| (b) |
pending
an appeal.
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|
|
(3) A person who is disqualified by virtue of an order under this
section may, at any time after the expiration of twelve months from
the date of the order, and from time to time apply to the court by
which the order was made to remove the disqualification and on any
such application the court may, as it thinks proper having regard
to the character of the applicant and his conduct subsequent to the
order, the nature of the offence of which he was convicted, and any
other circumstances of the case, either-
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|
| (a) |
direct
that, as from such date as may be specified in the direction,
the disqualification be removed or the order be so varied as
to apply only to animals of a kind specified in the direction;
or
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| (b) |
refuse
the application:
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Provided that where on an application under this section the court
directs the variation of the order or refuses the application, a further
application thereunder shall not be entertained if made within twelve
months after the date of the direction or, as the case may be, the
refusal.
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| Breach
of disqualification order. |
2.- If a person has custody of any animal in contravention
Of an order made under this Act, he shall be liable on summary conviction
to a fine not exceeding fifty pounds or to imprisonment for. a term
not exceeding three months or to both such fine and imprisonment.
|
Increase
in amount of fines under certain provisions of Protection of Animals
Acts.
23 & 24 Geo.5 c.17
24 & 25 Geo.5. c.25. |
3.- The maximum amount of the fine which
may be imposed or a person convicted of an offence under any of the
following enactments, that is to say, subsection (1) of section one
of the Protection of Animals Act, 1911, subsection (1) of section
one of the Protection of Animals (Scotland) Act, 1912, subsection
(4) of section one of the Protection of Animals (Cruelty to Dogs)
Act, 1933, and subsection (4) of section one of the Protection of
Animals (Cruelty to Dogs) (Scotland) Act, 1934 (being respectively
enactments which penalise certain offences of cruelty to animals and
enactments which prohibit a person from keeping a dog or, applying
for or obtaining a dog licence while disqualified by an order of the
court), shall, in the case of a person so convicted after the commencement
of this Act, be increased from twenty-five pounds to fifty pounds.
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| Interpretations,
citation, extent and commencement. |
4.-
(1) In this Act –
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|
| (a) |
expressions
used have, in relation to England and Wales, the same meanings
as in the Protection of Animals Act, 1911, and, in relation
to Scotland, the same meanings as in the Protection of Animals
(Scotland) Act, 1912; and
|
| (b) |
references
to any enactment shall be construed as references to that enactment
as amended by any other enactment, including this Act.
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(2) This Act may be cited as the Protection of Animals (Amendment)
Act, 1954.
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(3) This Act shall not extend to Northern Ireland.
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(4) This Act shall come into operation on the first day of January,
nineteen hundred and fifty-five.
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An
Act to amend the Protection of Animals Act 1911 to increase the penalties
for offences against animals under section 1(1). |
|
[15th
May 1987]
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|
BE
IT ENACTED by the Queen’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this Parliament assembled, and by the authority of the same, as
follows: –
|
Amendment
of
Protection of
Animals Act.
1911 c.27. |
1.-
(1) In section 1(1) of the Protection of Animals Act 1911 (offences
of cruelty to animals), for the words from "shall be liable" onwards
substitute "shall be liable on summary conviction to imprisonment
for a term not exceeding six months or to a fine not exceeding level
5 on the standard scale, or both".
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|
(2) The above amendment does not apply in relation to offences committed
before the commencement of this Act.
|
Short
title,repeals,
commencement
and extent. |
2.- (1) This Act may be cited as the Protection of Animals
(Penalties) Act 1987.
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(2) The following enactments are repealed –
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| 1912
c.17. |
| (a) |
the Protection
of Animals Act (1911) Amendment Act 1912;
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| (b) |
in Schedule
6 to the Criminal Law Act 1977, the entry relating to the Protection
of Animals Act 1911.
|
|
| 1977
c.45. |
|
(3) This Act shall come into force at the end of the period of two
months beginning with the day on which it is passed.
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(4) This Act does not extend to Scotland or Northern Ireland.
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Protection
of Animals (Amendment) Act 1988
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An
Act to enable a court to disqualify a person for having custody of
an animal on a first conviction of cruelty; and to increase the penalties
for offences relating to animal fights, and to make further provision
with respect to attendance at such fights, in England and Wales and
to penalise attendance at such fights in Scotland. |
|
[29th
July 1988]
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|
Be
it enacted by the Queen’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows: –
|
Disqualification
orders on first conviction of cruelty.
1954 c. 40. |
1.- (1) In section 1(1) of the Protection of Animals (Amendment)
Act 1954 (power of court to disqualify a person for having custody
of an animal on a subsequent conviction for an offence of cruelty
under the Acts for the protection of animals) for the words from the
beginning to "the court by whom he is convicted on the subsequent
occasion may" there shall be substituted the words "Where a person
has been convicted under the Protection of Animals Act 1911 or the
Protection of Animals (Scotland) Act 1912 of an offence of cruelty
to any animal the court by which he is convicted may".
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|
(2) This section does not affect the powers of a court on a conviction
for an offence committed before the coming into force of this Act.
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Offences
relating to animal fights.
1839 c.47
1839 c. xciv
1847 c. 89 |
2.-1)
In section 47 of the Metropolitan Police Act 1839, section 31 of the
City of London Police Act 1839 and section 36 of the Town Police Clauses
Act 1847 (penalties for offences relating to animal fights) for the
references to level 1 on the standard scale there shall be substituted
references to level 4 on that scale.
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| 1911
c. 27 |
(2)
After section 5 of the Protection of Animals Act 1911 there shall
be inserted –
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|
"Attendances
at
animal fights. |
5A. |
A
person who, without reasonable excuse, is present when animals
are placed together for the purpose of their fighting each other
shall be liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
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Advertising
of
animal fights |
5B. |
If
a person who publishes or causes to be published an advertisement
for a fight between animals knows that it is such an advertisement
he shall be liable on summary conviction to a fine not exceeding
level 4 on the standard scale."
|
|
| 1912
c. 14 |
(3)
After section 1 of the Protection of Animals (Scotland) Act 1912 there
shall be inserted –
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|
"Offence
of being
present at animal fights |
1A |
(1) A person
who is present when animals are placed together for the purpose
of their fighting each other shall be guilty of an offence and
liable on summary conviction to a penalty not exceeding level
4 on the standard scale.
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|
|
(2) It
shall be a defence for a person charged with an offence under
subsection (1) above to prove that he had a reasonable excuse
for being so present.
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Offence
of
advertising of
animal fights. |
1B. |
If a person
who publishes or causes to be published an advertisement for
a fight between animals knows that it is such an advertisement
he shall be guilty of an offence and liable on summary conviction
to a penalty not exceeding level 4 on the standard scale."
|
|
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(4)
Subsection (1) above does not affect the punishment for an offence
committed before the coming into force of this Act.
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Short
title, repeals,commencement and extent.
|
3.-
(1) This Act may be cited as the Protection of Animals (Amendment)
Act 1988.
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|
(2)
The enactments mentioned in the Schedule to this Act are hereby repealed
to the extent specified in the third column of that Schedule.
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|
(3)
Those repeals do not affect the operation of the enactments mentioned
in that Schedule in relation to any disqualification order made before
the coming into force of this Act under either of the first two Acts
there mentioned.
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|
(4)
This Act shall come into force at the end of the period of two months
beginning with the day on which it is passed.
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|
(5)
This Act does not extend to Northern Ireland.
|
| Section
3(2) and (3). |
Schedule
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|
Repeals
|
|
Chapter
|
Short
title
|
Extent
of repeal
|
|
23
& 24 Geo.5 c.17 |
The
Protection of Animals (Cruelty to Dogs) Act 1933. |
The
whole Act. |
|
24
& 25 Geo.5 c.25. |
The
Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934. |
The
whole Act. |
|
2
& 3 Eliz.2 c.40. |
The
Protection of Animals (Amendment) Act 1954. |
Section
3, so far as unrepealed. |
|
1963
c.43. |
The
Animal Boarding Establishment Act 1963. |
Section
1(2)(c) and (d). |
|
1964
c.70. |
The
Riding Establishments Act 1964. |
Section
1(2)(b) and (c). |
|
1973
c.60. |
The
Breeding of Dogs Act 1973. |
Section
1(2)(c) and (d). |
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|
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|
Protection against Cruel Tethering Act 1988
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|
An
Act to protect horses, asses and mules against cruel tethering; and
for purposes connected therewith. |
|
[29th
July 1988]
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows: –
|
Offence
of cruel tethering
1911 c.27 |
1.-
In section 1 of the Protection of Animals Act 1911 there shall be
added in subsection (1) the following words after paragraph (e) "or
|
|
| (f)
|
shall tether
any horse, ass or mule under such conditions or in such manner
as to cause that animal unnecessary suffering;"
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|
| Short
title and commencement |
2.-(1)
This Act may be cited as the Protection against Cruel Tethering Act
1988.
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|
(2) This Act shall come into force at the end of the period of two
months beginning with the day on which it is passed.
|
|
Protection
of Animals (Amendment) Act 2000 |
2000
Chapter 40
|
| An Act to enable provision to be made for the care, disposal or slaughter
of animals to which proceedings under section 1 of the Protection
of Animals Act 1911 relate; and for connected purposes. |
[30th
November 2000]
|
ARRANGEMENT
OF CLAUSES
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|
|
1. |
Application of Act. |
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|
2. |
Orders for the care, disposal or slaughter of animals. |
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|
3. |
Powers of entry, etc. |
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|
4. |
Other supplementary provisions. |
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|
5. |
Short title, interpretation, commencement and extent. |
|
BE
IT ENACTED by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the
same, as follows:-
|
| Application of Act. |
1.
- (1) Sections 2 to 4 apply where-
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|
|
a
person who is mentioned in subsection (3) (referred to in this Act
as "the prosecutor") has brought proceedings for an offence under
section 1 of the Protection of Animals Act 1911 (referred to in this
Act as "the 1911 Act") against the owner of the animals to which the
offence relates; and
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| (b) |
the
proceedings have not been discontinued or otherwise disposed of
|
(2)
But those sections only apply in relation to an animal which the owner
keeps or has kept for commercial purposes.
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(3)
The persons referred to in subsection (1) are-
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| (a)
|
the Director of
Public Prosecutions;
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| (b)
|
a Crown Prosecutor;
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| (c)
|
a government department;
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| (d) |
a
local authority;
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| (e) |
in
relation to a prosecution in England, a person who, at the request
of the Minister of Agriculture, Fisheries and Food, has entered into
a written agreement under which he may perform the functions conferred
on a prosecutor by virtue of this Act;
|
| (f) |
in
relation to a prosecution in Wales, a person who, at the request of
the National Assembly for Wales, has entered into a written agreement
under which he may perform the functions conferred on a prosecutor
by virtue of this Act.
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| Orders
for the care, disposal or slaughter of animals. |
2.
- (1) If, on the application of the prosecutor, it appears to the
court from evidence given by a veterinary surgeon that it is necessary
in the interests of the welfare of the animals in question for the
prosecutor to do one or more of the things mentioned in subsection
(2), the court may make an order authorising him to do so.
|
(2)
Those things are-
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| (a) |
taking
charge of the animals and caring for them, or causing or procuring
them to be cared for, on the premises on which they are kept or at
some other place;
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| (b) |
selling
the animals at a fair price;
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| (c) |
disposing
of the animals otherwise than by way of sale;
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| (d) |
slaughtering
the animals, or causing or procuring them to be slaughtered.
|
(3)
In determining what to authorise by the order, the court must have
regard to all the circumstances, including the desirability of protecting
the owner's interest in the value of the animals and avoiding increasing
his costs.
|
(4)
An order under this section ceases to have effect on the discontinuance
or other disposal of the proceedings under section 1 of the 1911 Act;
but this is without prejudice to anything done before, or done in
pursuance of a contract entered into before, the order ceases to have
effect.
|
| Powers
of entry, etc. |
3.
- (1) Where-
|
| (a) |
the
prosecutor has given notice to the court of his intention to apply
for an order under section 2; and
|
| (b) |
he
is of the opinion that the animals need to be marked for identification
purposes,
|
the
prosecutor, or a person authorised by him, may enter the premises
on which the animals are kept and mark them for those purposes.
|
(2)
Where an order is made under section 2, the prosecutor, or a person
authorised by him, may-
|
| (a) |
enter
the premises on which the animals are kept for the purpose of exercising
the powers conferred by the order;
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| (b) |
mark
the animals (whether by the application of an ear tag or by any other
means); and
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| (c) |
in
the case of an order making any provision mentioned in section 2(2)(a),
make use for that purpose of any equipment on the premises.
|
(3)
Any person who obstructs the prosecutor, or a person authorised by
him, in the exercise of powers conferred by subsection (1) or (2)
or an order under section 2 is guilty of an offence and liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
|
(4)
Nothing in this section authorises a person to enter a dwellinghouse.
|
(5)
A person entering any premises in the exercise of powers conferred
on him by this section must, if so required by the owner or occupier
or person in charge of the premises-
|
| (a) |
produce
to him some duly authenticated document showing that he is, or is
a person authorised by, the prosecutor; and
|
| (b) |
state
in writing his reasons for entering.
|
| Other
supplementary provisions. |
4.
- (1) Where an order is made under section 2-
|
| (a) |
the
prosecutor is entitled to be reimbursed for any reasonable expenses
incurred by him in the exercise of the powers conferred by virtue
of the order; and
|
| (b) |
subject
to that, in the case of an order making any provision mentioned in
subsection (2)(b), (c) or (d) of that section, the prosecutor must
pay to the owner the proceeds of any disposal or slaughter of the
animals.
|
(2)
Any amount for which the prosecutor is entitled to be reimbursed under
subsection (1) may be recovered by him from the owner summarily as
a civil debt.
|
(3)
Where-
|
| (a) |
an
order under section 2 makes any provision mentioned in subsection
(2)(b), (c) or (d) of that section; and
|
| (b) |
the
owner has in his possession or under his control documents-
|
|
(i)without
which the animals cannot be slaughtered for human consumption; or
|
|
(ii)
which are otherwise relevant to the condition or value of the animals,
|
the
owner must, as soon as practicable and in any event within 10 days
of the making of the order, deliver those documents to the prosecutor.
|
(4)
If the owner without reasonable excuse fails to deliver any documents
as required by subsection (3), he is guilty of an offence and liable
on summary conviction to a fine not exceeding level 3 on the standard
scale.
|
(5)
The prosecutor may, if the owner fails to deliver as required by subsection
(3) any documents within paragraph (b)(i), apply to the person by
whom the documents were issued for replacement documents to be issued
and that person must, if he has sufficient information to do so, issue
replacement documents to the prosecutor.
|
(6)
An application under subsection (5) is to be accompanied by-
|
| (a) |
a
copy of the order under section 2; and
|
| (b) |
such
reasonable fee (if any) as is determined by the person to whom the
application is made.
|
(7)
In this section, "owner" means the owner against whom the proceedings
were brought.
|
| Short
title, interpretation, commencement and extent. |
5.
- (1) This Act may be cited as the Protection of Animals (Amendment)
Act 2000.
|
(2)
In this Act-
|
|
"the
1911 Act" means the Protection of Animals Act 1911;
|
"local
authority"-
|
| (a) |
in
relation to England, means a county council, a district council, a
London borough council, the Common Council of the City of London or
the Council of the Isles of Scilly;
|
| (b) |
in
relation to Wales, means a county council or a county borough council;
|
|
"prosecutor"
has the meaning given by section 1(3);
|
"veterinary
surgeon" means a person registered in the register of veterinary surgeons,
or the supplementary veterinary register, kept under the Veterinary
Surgeons Act 1966;
|
and
expressions which are used in the 1911 Act have the same meanings
as in that Act.
|
(3)
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.
|
(4)
This Act extends to England and Wales only.
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|
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