1Harming a service animal
1
The Animal Welfare Act 2006 is amended as follows.
2
In section 4 (offence of causing unnecessary suffering to a protected animal), after subsection (3) insert—
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.
3
In section 61(2) (regulations subject to affirmative resolution procedure), after “section 1(3),” insert “
4(3C),
”
.