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Animal Welfare Act 2006

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Changes over time for: Section 8

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Version Superseded: 12/11/2009

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8Fighting etc.E+W

This section has no associated Explanatory Notes

(1)A person commits an offence if he—

(a)causes an animal fight to take place, or attempts to do so;

(b)knowingly receives money for admission to an animal fight;

(c)knowingly publicises a proposed animal fight;

(d)provides information about an animal fight to another with the intention of enabling or encouraging attendance at the fight;

(e)makes or accepts a bet on the outcome of an animal fight or on the likelihood of anything occurring or not occurring in the course of an animal fight;

(f)takes part in an animal fight;

(g)has in his possession anything designed or adapted for use in connection with an animal fight with the intention of its being so used;

(h)keeps or trains an animal for use for in connection with an animal fight;

(i)keeps any premises for use for an animal fight.

(2)A person commits an offence if, without lawful authority or reasonable excuse, he is present at an animal fight.

(3)A person commits an offence if, without lawful authority or reasonable excuse, he—

(a)knowingly supplies a video recording of an animal fight,

(b)knowingly publishes a video recording of an animal fight,

(c)knowingly shows a video recording of an animal fight to another, or

(d)possesses a video recording of an animal fight, knowing it to be such a recording, with the intention of supplying it.

(4)Subsection (3) does not apply if the video recording is of an animal fight that took place—

(a)outside Great Britain, or

(b)before the commencement date.

(5)Subsection (3) does not apply—

(a)in the case of paragraph (a), to the supply of a video recording for inclusion in a programme service;

(b)in the case of paragraph (b) or (c), to the publication or showing of a video recording by means of its inclusion in a programme service;

(c)in the case of paragraph (d), by virtue of intention to supply for inclusion in a programme service.

(6)Provision extending the application of an offence under subsection (3), so far as relating to the provision of information society services, may be made under section 2(2) of the European Communities Act 1972 (c. 68) (powers to implement Community obligations by regulations) notwithstanding the limits imposed by paragraph 1(1)(d) of Schedule 2 to that Act on the penalties with which an offence may be punishable on summary conviction.

(7)In this section—

  • animal fight” means an occasion on which a protected animal is placed with an animal, or with a human, for the purpose of fighting, wrestling or baiting;

  • ‘ “commencement date” means the date on which subsection (3) comes into force;

  • information society services” has the meaning given in Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (Directive on electronic commerce);

  • programme service” has the same meaning as in the Communications Act 2003 (c. 21);

  • video recording” means a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image.

(8)In this section—

(a)references to supplying or publishing a video recording are to supplying or publishing a video recording in any manner, including, in relation to a video recording in the form of data stored electronically, by means of transmitting such data;

(b)references to showing a video recording are to showing a moving image reproduced from a video recording by any means.

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Commencement Information

I1S. 8(1)(2)(7)(8) in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(b)

I2S. 8(1)(2)(7)(8) in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(d)

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