Search Legislation

Animal Welfare Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 4

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Animal Welfare Act 2006, Section 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

4Unnecessary sufferingE+W

This section has no associated Explanatory Notes

(1)A person commits an offence if—

(a)an act of his, or a failure of his to act, causes an animal to suffer,

(b)he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,

(c)the animal is a protected animal, and

(d)the suffering is unnecessary.

(2)A person commits an offence if—

(a)he is responsible for an animal,

(b)an act, or failure to act, of another person causes the animal to suffer,

(c)he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and

(d)the suffering is unnecessary.

(3)The considerations to which it is relevant to have regard when determining for the purposes of this section whether suffering is unnecessary include—

(a)whether the suffering could reasonably have been avoided or reduced;

(b)whether the conduct which caused the suffering was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment;

(c)whether the conduct which caused the suffering was for a legitimate purpose, such as—

(i)the purpose of benefiting the animal, or

(ii)the purpose of protecting a person, property or another animal;

(d)whether the suffering was proportionate to the purpose of the conduct concerned;

(e)whether the conduct concerned was in all the circumstances that of a reasonably competent and humane person.

[F1(3A)In determining for the purposes of subsection (1) whether suffering is unnecessary in a case where it was caused by conduct for a purpose mentioned in subsection (3)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if—

(a)the animal was under the control of a relevant officer at the time of the conduct,

(b)it was being used by that officer at that time, in the course of the officer’s duties, in a way that was reasonable in all the circumstances, and

(c)that officer is not the defendant.

(3B)In subsection (3A) “relevant officer” means—

(a)a constable;

(b)a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;

(c)a prisoner custody officer within the meaning of Part 4 of the Criminal Justice Act 1991.

(3C)The Secretary of State may by regulations amend subsection (3B).

Only a person in the public service of the Crown may be specified in subsection (3B) by virtue of regulations under this subsection.]

(4)Nothing in this section applies to the destruction of an animal in an appropriate and humane manner.

Textual Amendments

Commencement Information

I1S. 4 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(a)

I2S. 4 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources