PART 5GENERAL
51AF1Service animals
1
Subsections (2) and (3) apply when it is being determined in connection with section 4(1) whether suffering is unnecessary in a case where the suffering was caused by conduct for the purpose mentioned in section 4(3)(c)(ii).
2
The fact that the conduct was for the purpose mentioned in section 4(3)(c)(ii) is to be disregarded if—
a
the animal was—
i
under the control of a relevant officer at the time of the conduct, and
ii
being used by the officer at the time of the conduct, in the course of the officer’s duties, in a way that was reasonable in all the circumstances, and
b
the conduct was that of someone other than the officer.
3
A relevant officer is—
a
a constable (but see subsection (4)),
b
a person (other than a constable)—
i
employed for the purposes of the police, or
ii
engaged to provide services for the purposes of the police, or
c
a prisoner custody officer as defined in Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994.
4
A reference in this section to a constable excludes a member of the Naval, Military or Royal Air Force Police.
5
The Department of Agriculture, Environment and Rural Affairs may by regulations amend this section so as to alter the meaning of a relevant officer in this section.
6
Only a person in the public service of the Crown may be included within the meaning of a relevant officer in this section by virtue of regulations under this section.