EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 6th April 2018 as the day on which the new Code of Practice for the Welfare of Cats, the new Code of Practice for the Welfare of Dogs and the new Code of Practice for the Welfare of Horses, Ponies, Donkeys and their Hybrids come into force in England.

Article 3 revokes the previous Codes of Practice and the associated provisions of the Animal Welfare (Codes of Practice) (Appointed Day) (England) Order 2010 (S.I. 2010/383).

Article 4 provides that the new Codes of Practice will not apply to proceedings relating to any alleged act causing unnecessary suffering to an animal committed before 6th April 2018. In such cases, the previous Codes of Practice will continue to apply. This is for the purposes of section 14(4) of the Animal Welfare Act 2006 (c. 45), which provides that failure to comply with a relevant provision of a code of practice may be relied upon as tending to establish liability, and compliance with a relevant provision of such a code of practice may be relied upon as tending to negative liability.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.