Section 22 Companion Animals (Pet Animals)
Section 23 Animals Kept for Farming Purposes
Section 24 Animals Used for Experimentation (including Science, Research and Testing)
Section 25 Wildlife and Animals Kept in Zoos/Aquaria
Section 26 Animals Used for Work
Section 27 Animals Used for Sports, Leisure and Entertainment
Section 22 Companion Animals (Pet Animals)
(1) The Competent Authority shall support education and awareness of responsible companion animal ownership, including within schools.
(2) Where there is a problem with stray management, over-population, or concerns connected with animal welfare, rabies or other health/safety problems; there shall be compulsory registration and identification of dogs, cats or any other species of companion animal involved. Where compulsory registration is introduced, the Competent Authority shall establish a public database to record registration information.
(3) The Competent Authority shall introduce compulsory vaccination against any prevalent preventative zoonotic diseases, including rabies.
(4) The Competent Authority shall implement or support services to reduce stray populations, including free or low cost spay-neuter services for feral cats and dogs, and dogs and cats owned by disadvantaged people or kept as community animals.
(5) Any owned dogs, cats, and other animals which are allowed to roam freely shall be spay-neutered, at the owner’s expense if no governmental or other free spay-neuter services are available, to prevent further over-population.
(6) Whenever population control measures are to be undertaken, the most humane and effective methods shall be used at all stages of the process. The Competent Authority shall support and encourage the use of Trap, Neuter and Release (TNR) programmes for feral and wild animals where population control measures are considered necessary and this is deemed to be in the welfare interests of the animals. In such cases neutering must be carried out by a trained veterinarian, and the animals returned to their original habitat after recovery.
(7) In accordance with Section 9 (Prohibition of Killing Animals) it is prohibited to kill a healthy stray companion animal which has the opportunity of being placed in a home or taken by an animal shelter or sanctuary authorised in accordance with Section 29 or to a pound; or, in the case of feral cats and feral dogs, they can be neutered and returned to their habitat.
(8) Animal shelters and pounds have a duty to try to rehome all healthy, animals suitable for adoption, through advertising and awareness, and making these readily available for adoption. Animals must be kept for a reasonable time period for reclaiming or adoption. Public pounds shall be open to members of the public for reclaim or adoption seven days per week.
(9) The Minister responsible, the Ministry or the Competent Authority shall create a list of species which are allowed to be kept as companion animals, based on clear criteria including animal welfare (and other relevant concerns).
(10) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
Section 23 Animals Kept for Farming Purposes
(1) The Competent Authority shall prescribe minimum standards for housing systems for farmed animals, including bird housing and fish farming systems, to ensure that these meet the animal welfare requirements of this Act including, but not limited to, Section 12.
(2) A person shall not manufacture, keep in stock, sell, offer for sale, deliver, or in any manner make use of an animal housing system unless such a system is built, maintained and conforms to the prescribed minimum standards for animal welfare.
(3) The Competent Authority shall establish a scheme of prior approval for commercial animal housing systems and installations in accordance with Section 29. Such prior approval shall be based on application from the manufacturer, importer or retailer of these systems and installations; which shall be accompanied by a report stating how the system meets animal welfare requirements. All modern intensive farming systems shall incorporate a CCTV system to ensure effective monitoring and inspection.
(4) The Competent Authority may revoke a permit issued to a manufacturer, importer or retailer where
- The information submitted at the time of the application was incorrect or misleading in such a manner that, had the information been known at the time the permit was granted, the application would have been rejected; or
- In the opinion of the Competent Authority, circumstances exist which are detrimental to the welfare or safety of any animal.
(5) The Competent Authority may restrict the manufacture, importation, supply, sale or use of any housing system or installation which does not conform to the required animal welfare standards.
(6) The owner and keeper shall ensure that the condition and state of the health of an animal kept for farming purposes shall be thoroughly inspected at intervals sufficient to avoid unnecessary suffering; this shall be at least once a day, and more frequently in the case of animals kept in modern intensive farming systems and/or housing systems.
(7) The technical equipment used in modern intensive farming systems and/or housing systems shall be thoroughly inspected at least once a day; and any defect discovered shall be remedied with the least possible delay. When a defect cannot be remedied forthwith, all temporary measures necessary to safeguard the welfare of the animals shall be taken immediately.
(8) The Competent Authority shall inspect each farm at least once each year, to ensure continued compliance with this Act and any regulations [and ‘Welfare Codes’, standards and guidance] made under it.
(9) The Minister responsible, the Ministry or the Competent Authority shall adopt regulations to prohibit ways of keeping farmed animals, including birds and fish, which are manifestly inconsistent with the principles of animal welfare including, but not limited to, the use of certain types of cages and systems which are known to cause inherent animal welfare problems, such as: veal crates for calves; sow stalls (also known as gestation crates) and tethers for pregnant pigs; farrowing crates for sows; battery cages for egg laying hens; and the permanent confinement of dairy cows.
(10) The Minister responsible, the Ministry or the Competent Authority shall adopt regulations to prohibit the keeping of farmed animals, including birds and fish, for inessential, luxury products; particularly where their production incurs animal welfare problems, restricts their species-specific or behavioural needs, or affects their intrinsic value.
(11) The Minister responsible, the Ministry or the Competent Authority shall issue regulations to prohibit farming practices which are manifestly inconsistent with the principles of animal welfare, including: the keeping of animals in darkness; forced molting; plucking of down from live ducks and geese; force feeding of ducks and geese for ‘foie gras’; and feeding calves with insufficient quantities of fibrous food to maintain them in good health and welfare.
(12) The Minister responsible, the Ministry or the Competent Authority shall create a list of species which are allowed to be kept for farming purposes, based on clear criteria including animal welfare. No new species shall be added to the list unless the Competent Authority is satisfied that there is a case of need; the requirements of this Act can be met at all stages of their life-cycle; and the animals’ welfare can be maintained and provided for in a manner which meets all their species-specific and individual needs.
(13) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
Section 24 Animals Used for Experimentation (including Science, Research, Testing and Education)
(1) No person shall conduct any experiment on an animal without prior authorisation from the Competent Authority in the form of a personal license in accordance with Section 29. A personal license may only be granted where the applicant has the appropriate qualifications, training, experience and character.
(2) No person shall conduct any experiment on an animal without prior authorisation for the project in question from the Competent Authority, in the form of a project license, in accordance with Section 29. This authorisation shall take into account the opinion issued by the Animal Experimentation Sub-Committee referred to in Article 35 (4) of this Act. Such authorisation shall specify the practice for which it has been granted; the species and number of animals involved; the named person responsible for the experiment and the welfare of the animals; details of veterinary supervision; the period of validity of the authorisation; and any restrictions and conditions which the Competent Authority may determine.
(3) An application to carry out an animal experiment must be accompanied by an explanation as to ethical and scientific justification to conduct the experiment; and a full explanation of how the Three Rs have been taken into account in its design and planning.
(4) The Competent Authority shall only grant the authorisation referred to in Section 24 (2) for experiments that are intended to benefit the health or welfare of humans or animals or the protection of the environment; providing these also meet the following requirements:
- There is a clear ethical and scientific justification for the experiment.
- There is clear evidence that the Three Rs have been fully taken into account in the experiment’s design and planning.
- The experiment in question, and the associated keeping and care of the animals, comply with the provisions of this Act in all respects.
- Such experiment complies with all subsequent regulations, ethical rules and standards prescribed by the Competent Authority.
(5) The internationally-recognised ‘Three Rs’ shall be stringently applied to the care and use of live animals for experimentation. These are
- Replacement of animals with non-animal techniques,
- Reduction in numbers of animals, and
- Refinement of experimental methods.
Prime consideration should always be given to the avoidance of any methods using live animals: This means not carrying out any experiments using live animals whenever this could be avoided – by abandoning any non-essential experiments and/or using alternative non-animal methods. A non-animal method is considered to be valid for use if it has been approved. The government will consider on a case by case basis whether an alternative method is acceptable, and where there are standard methods, regularly update the list of animal tests that are no longer permitted due to the availability of alternative methods. Where replacement with an alternative method is not deemed possible, then the numbers of animals used should be reduced as far as possible (for example, by implementing testing strategies, such as the use of in vitro and other methods); and refining the methods, procedures and systems used, and care given to the maximum extent in order to minimise impact on animal welfare.
(6) It is explicitly prohibited to use animals in experiments for the following purposes:
- The testing of weapons, ammunition or associated equipment, war equipment and the effects of radiation;
- The research or development of tobacco products;
- The research or development of alcoholic products and narcotics or other recreational drugs; or
- The research or development of cosmetic products and household products (including chemical cleaning and disinfection products) or ingredients or combinations of ingredients primarily intended for these purposes.
The Competent Authority may add to this list of prohibited uses at any time, through the use of specific regulations.
(7) It shall be prohibited to carry out any experiment on a non-human primate or a cetacean which is not in the animal’s welfare interests or has the potential of affecting the animal’s longevity.
The Competent Authority may add to this list of species prohibited for the purposes of animal experimentation at any time, through the use of specific regulations.
(8) It shall be prohibited to import, export, sell or offer for sale, any products which have been developed or tested using animal experimentation since the date when the use of animals for the said purpose was explicitly prohibited.
(9) A person shall not conduct an experiment on any animal which has not been purpose-bred in a breeding centre licensed by the Competent Authority in accordance with Section 29.
(10) Animal experiments shall only be conducted in premises that have been specifically licensed for this purpose by the Competent Authority in accordance with Section 29.
(11) No person shall work with animals in experimentation unless they have the qualifications, training and competence to satisfy the requirements of this Act and any subsequent regulations, ethical rules and standards prescribed by the Competent Authority.
(12) It shall be the duty of the named person responsible for the experiment to ensure that the experiment on an animal is conducted in accordance with the authorisation provided by the Competent Authority and the provisions of this Act and any subsequent regulations, ethical rules and standards prescribed by the Competent Authority. Every experiment shall have veterinary supervision to ensure the welfare of the animal.
(13) The named person responsible for the experiment shall ensure that, where the animal on which the experiment is being carried out could experience pain, injury, fear or distress as a result of acts carried out without anaesthesia, a general or local anaesthetic is administered to the animal to prevent these adverse states impacting its welfare.
(14) The named person responsible for the experiment shall also ensure that an animal which, if allowed to live, would suffer pain or distress for a prolonged period as a result of an act performed as part of the experiment, is immediately put to death humanely. In no case should any animal be used for more than one experiment unless this is benign research which has not impaired the animal’s welfare in any way.
(15) Detailed records must be kept of the animals bred, sold and acquired for experiments; the number of experiments and procedures carried out on animals and the animals discarded and not subsequently used; including species and numbers of animals involved in each category. These records shall be submitted to the Competent Authority at least once a year in the format required by the Competent Authority.
(16) The results of all animal experiments shall be made available to the Competent Authority to enable them to assess any duplication. The Competent Authority has the authority to make any results available to the public, if this is in the public interests: This includes the need to avoid duplication of animal experimentation and the development of inessential or unnecessary experiments. The Competent Authority shall publish electronically an annual overview of experiments licensed, including the numbers, species and broad areas of use.
(17) The Competent Authority shall inspect each licensed breeding facility and licensed premises where animal experiments are carried out at least once per year. Such inspections shall be aimed at ensuring compliance with the requirements of this Act and any subsequent regulations, ethical rules and standards prescribed by the Competent Authority, and include: physical checks on the premises, facilities and equipment; systems and procedures; the welfare of the animals used in experimentation (including care and housing); and record inspections.
(18) Animals shall not be used for teaching or educational purposes unless their welfare can be protected at all times; the use is considered essential; and alternatives that do not require the use of animals are not available.
(19) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
Section 25 Wildlife and Animals Kept in Zoos/Aquaria
(1) The government and all citizens shall make every effort to prevent and avoid detrimental impacts on the welfare of wild animals at large in nature, or in protected areas (such as national parks, wildlife and marine reserves, and conservation areas) by human activities, development and land use.
(2) The Competent Authority shall introduce and use a system of animal welfare impact assessment as a basis for the identification and evaluation of potential detrimental impacts. It is granted the power to introduce any prohibitions, conditions and requirements deemed necessary to prevent such detrimental impacts.
(3) It is prohibited to harm, harass, wound, mutilate, take or kill any wild animal at large in nature, or in protected areas (such as national parks, wildlife and marine reserves, and conservation areas), unless there is a genuine, ascertainable risk to human/animal health or welfare, which can reasonably be shown to outweigh the interests of the wild animal, and the method used causes the least possible pain, suffering, injury, fear or distress.
(4) Where there is overpopulation of wild animals in nature or protected areas, which could lead to starvation, suffering, fear or distress, every effort should be made to carry out humane population management measures, avoiding unnecessary deaths or welfare impacts. Where all possible alternatives have been fully explored and exhausted, and the conclusion is that there is no alternative but to carry out culling, this should be carried out by a professional hunter in such as manner as to prevent suffering, in accordance with the provisions of this Act. No animal culled as part of a conservation process can be used for commercial purposes. All population management measures should take account of the need to avoid disruption to social hierarchies and/or family groupings.
(5) In order to protect indigenous wildlife and their habitats, the Competent Authority shall strictly control the introduction of non-native species. Only indigenous wildlife shall be kept in nature and protected areas.
(6) It is prohibited to take, remove, destroy, harm or disturb any nests, eggs or breeding sites in the wild.
(7) The Competent Authority shall establish a positive list of wild animal species which are permitted to be kept by private individuals and organisations. This list shall only include species for which the requirements of this Act can be met at all stages of their life-cycle. It shall be regularly reviewed in order to take into account any relevant advances in animal welfare science and/or any emergent welfare problems.
(8) Any hunting or killing of captive wildlife on private property shall only be permitted if prior authorisation has been granted by the Competent Authority, in the form of a hunting license specifying the property in question and the species to be hunted in accordance with Section 29. Each hunting premise shall keep full records of all wild animals; including species kept, number, and their origin and disposal.
(9) The only persons who shall be permitted to hunt on licensed hunting premises shall be individuals who have recieved a hunting proficiency certificate issued by the Competent Authority and professional hunters who have an advanced proficiency certificate issued by the Competent Authority. In all cases, hunting must be by, or under the supervision of, a professional hunter. The professional hunter shall be responsible for ensuring that animal welfare requirements and the provisions of this Act are met. Any person, who has been convicted for violating any animal protection provision, or for any act of violence or aggression against humans, shall be considered ineligible for a hunting proficiency certificate.
(10) Hunting with dogs, from horseback, or from vehicles or aircraft is prohibited.
(11) Hunting must always use humane killing methods, which meet the criteria set out in Section 20.
(12) The capture, restraint, entanglement, immobilisation or killing of wild animals by inhumane methods including, but not limited to, snares, leg-hold traps, glue-boards or other adhesive traps, anti-coagulant poisons, bows, crossbows, and explosives other than firearms ammunition is prohibited. The use of methods deemed inhumane and not recommended for authorisation by the Animal Welfare Committee are likewise prohibited; as is the sale, offering for sale, advertising, import and export of such unauthorised catching, trapping or killing devices, including poisons.
(13) Any wild animals injured but not killed during hunting or culling must be immediately found and humanely killed.
(14) The capture, chasing or killing of wild animals for entertainment is prohibited.
(15) The hunting or killing of wild animals for inessential purposes such as trophies; decorations; cosmetic and vanity products; and medicinal products and potions which do not have proven beneficial health effects shall not be permitted. The sale, offer for sale, import or export of such wild animal trophies; decorations; cosmetic and vanity products; medicinal products and potions shall be prohibited.
(16) Where wild animals come into the human domain and are considered to be causing considerable danger, health hazard or nuisance, then every effort should be made to ensure that any deterrent or population management measures are carried out humanely, avoiding unnecessary deaths or adverse welfare impacts. Wherever possible, humane preventative measures must be taken as opposed to remedial action. Where all possible alternatives have been fully explored and exhausted, and the conclusion is that there is no alternative left but to capture, entrap or kill such animals, and there is any reason to believe that if this is not carried out professionally there may be a danger of a breach of the provisions of this subject Act or any regulations made under it, this should only be carried out by a veterinarian, a licensed animal control/‘pest’ control professional or a professional hunter (as appropriate) - who has been trained and certified in humane control methods and authorised in accordance with Section 29 for the species in question. Only methods of capture, entrapment or killing authorised by the Competent Authority, on the advice of the Animal Welfare Committee which has deemed these to be humane and in accordance with the provisions of this Act, shall be used for this purpose.
(17) Wild animals should not be kept in captivity unless there is an ethical justification for their captivity based on a proven and overriding benefit to human or animal life, conservation or welfare; the requirements of this Act can be met at all stages of their life-cycle; and the animal’s welfare can be maintained and provided for in a manner which meets all their species-specific and individual needs; including an environment as close to their natural habitat as possible (which permits the performance of natural behaviours), and the provision of specialist veterinary expertise.
(18) In cases where such use is permitted by the Competent Authority in accordance with Section 29, the authorisation process in Section 16 shall be followed, and the Competent Authority shall closely monitor compliance with this Act, with a view to prohibiting categories of use or individual authorisations in all cases where compliance cannot be ensured.
(19) Zoological gardens (Zoos and Aquaria) shall only be authorised (as per Section 16 and in accordance with Section 29) if they have been accredited by the World Association of Zoos and Aquaria (WAZA), and they can demonstrate that they are carrying out valuable conservation programmes aimed at breeding and reintroducing endangered wild animals back into sustainable wildlife habitats; and are carrying out effective conservation and animal welfare work, including benign wildlife welfare research.
(20) The Competent Authority may authorise the temporary keeping of wild animals for the purpose of providing an injured, damaged or otherwise impaired wild animal with the proper medical and veterinary treatment and necessary care for a recovery to full health in a wildlife rehabilitation centre authorised in accordance with Section 38 before its release back into free nature (or keeping in an authorised animal sanctuary if such release is not possible or in the animal’s welfare interests, given its current physical or psychological condition).
(21) It shall be a requirement of the authorisation for keeping wild animals to keep accurate and up-to-date records of all wild animals held, including species, numbers, births, deaths, acquisitions (and origins) and disposals (and destinations). There shall also be a written programme of veterinary care prescribed by a veterinarian with experience of caring for the species. This data shall be submitted to the Competent Authority in an annual return, and they shall ensure that details are entered onto a centralised system to secure traceability and effective enforcement. The Competent Authority shall check each premise keeping wild animals at least once each year, to ascertain compliance with this Act and that measures are in place to prevent any risks to animal welfare and public health; including necessary veterinary checks. Any movements of wild animals shall be notified to the Competent Authority, and no movements shall take place to persons or premises not authorised to keep wild animals.
(22) It is prohibited to keep or breed wild animals for obtaining furs or other inessential luxury products.
(23) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
Section 26 Animals Used for Work
(1) Only animals of appropriate breeds or species which are able to carry out the designated work without detrimentally affecting their welfare, shall be used for work. No non-domesticated animal shall be kept for work purposes.
(2) An animal shall not be worked when in poor health, or too young or old to be worked without welfare implications. In all such cases, the animal shall be cared for humanely, and in accordance with the requirements of this Act.
(3) There shall be reasonable limitations on the intensity and duration of the work to be performed by a working animal; including appropriate periods of rest and relaxation. No working animal shall be over-worked, over-loaded, over-driven or made to perform any work that stretches their natural capacities.
(4) Animals used for work shall be provided with adequate shade and shelter, a soft lying area which is free from any dangerous objects, and adequate space for relaxation during rest periods. In warm climates, effective measures shall be taken to prevent heat stress in animals used for work.
(5) The equipment and fixtures for animals used for work shall be designed to ease carrying capacity and movement, and prevent any bodily damage, injury, harm or strain. No equipment, harnesses, carts, tethers, saddlery, shoes etc. shall be used that compromise the welfare of animals used for work.
(6) Every possible preventative measure shall be taken to avoid road accidents and traffic hold-ups involving animals used for work. Animal carts and vehicles and burden carrying animals used on roads shall be made well visible; and not used in conditions of darkness without appropriate lighting.
(7) Dogs used for work must be under effective control of the human handler at all times, and muzzled where there is any risk of aggression.
(8) Both the owner and the handler (if different) of any animal used for work shall be responsible for ensuring compliance with these provisions.
(9) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
Section 27 Animals Used for Sports, Leisure and Entertainment
(1) Animals shall only be kept for sports, leisure and entertainment in cases where all the requirements of this Act can be met at all stages of their life-cycle; and the animal’s welfare can be maintained and provided for in a manner which meets all their species-specific and individual needs, including the provision of specialist veterinary expertise.
(2) In cases of commercial use of animals for sports, leisure or entertainment, where such use is permitted by the Competent Authority, the authorisation process in Section 16 shall be followed, in accordance with Section 29, and the Competent Authority shall closely monitor compliance with 21 (1) above, with a view to prohibiting categories of use or individual authorisations in all cases where compliance cannot be ensured.
(3) Keeping any species of wild animal for the purposes of sports, leisure and entertainment is prohibited: This prohibition will include circuses, dolphinaria and variety shows (whether itinerant or stationary).
(4) The organising, promotion or advertising of any sport, leisure or entertainment using wild animals is prohibited.
(5) A person shall not organise any sport or event that tests the speed, strength or endurance of an animal unless such sport or event is held in accordance with regulations made under this Act.
(6) A person shall not promote, arrange, participate in, attend, assist at, receive money for or in any way facilitate any event involving the harassing, harming or tormenting of any animal.
(7) Bullfights and rodeos shall be prohibited.
(8) Animals shall not be used for film, still photographs, video or television productions unless their health and welfare can be assured, in training, during production and post-production.
(9) Both the owner and the handler (if different) of any animal used for the purposes of sports, leisure or entertainment shall be responsible for ensuring compliance with these provisions.
(10) The Competent Authority shall regularly re-evaluate the use of animals for the purposes of sports, leisure or entertainment, with a view to prohibiting any uses which can no longer be justified or have been seen to, or are likely to, impair animal welfare (at any stage of the process – including breeding, training, keeping, transport and killing or disposal).
(11) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.
