[F1(1)If any operation to which this section applies is performed on any animal without the use of an anaesthetic so administered as to prevent any pain during the operation, that operation shall be deemed for the purposes of the principal Act to be an operation which is performed without due care and humanity.
[F2(1A)An operation to which this section applies that is performed on an animal without the use of an anaesthetic administered so as to prevent pain during the operation is, for the purposes of section 21 of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), to be regarded as being performed without due care and humanity.]
(2)This section applies to any operation with or without the use of instruments which involves interference with the sensitive tissues or the bone structure of an animal, other than—
(a)the making of injections or extractions by means of a hollow needle; or
(b)an operation included in the First Schedule to this Act.
(3)The Minister of Agriculture and Fisheries and [F3the Secretary of State for Scotland and the Secretary of State for Wales], acting jointly, may, after consultation with the Royal College of Veterinary Surgeons and with such persons appearing to [F3those Ministers] to represent agricultural interests as may appear to [F3those Ministers] appropriate, by order amend any of the ages specified in paragraph 6 of the said First Schedule; and any order under this subsection—
(a)shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
(b)may be varied or revoked by a subsequent order thereunder.
(4)This Act shall be construed as one with the principal Act, so, however, that in this Act the expression “animal” shall not include a fowl or other bird, fish or reptile.
(5)In this section, the expression “the principal Act” means—
(a)in relation to England and Wales, the M1Protection of Animals Act, 1911; and
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as amended by or under any other enactment.]
Textual Amendments
F1Act repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) and s. 2(2) and Sch. 2 Pt. 1 repealed (E.W.S.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(m); S.I. 2007/499, art. 2(2)(m)
F2S. 1(1A) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), sch. 2 para. 7(a) (with s. 54); S.S.I. 2006/482, art. 2
F3Words substituted by S.I. 1978/272, Sch. 5 para. 5
F4S. 1(5)(b) repealed (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), sch. 2 para. 7(b) (with s. 54); S.S.I. 2006/482, art. 2
Modifications etc. (not altering text)
C1Style and title of Minister of Agriculture and Fisheries now changed to Minister of Agriculture, Fisheries and Food: S.I. 1955/554 (1955 I, p. 1200)
C2Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2
Marginal Citations
[F1(1)This Act may be cited as the Protection of Animals (Anaesthetics) Act, 1954.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act and the Acts specified in Part II of the said Second Schedule may be cited together as the Protection of Animals (Scotland) Acts, 1912 to 1954.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(5)This Act shall not extend to Northern Ireland.
(6)This Act shall come into operation on the first day of September, nineteen hundred and fifty-four.]
Textual Amendments
F1Act repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) and s. 2(2) and Sch. 2 Pt. 1 repealed (E.W.S.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(m); S.I. 2007/499, art. 2(2)(m)
F5S. 2(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI