Animals (Penalty Notices) Act 2022

Legal background

The aim of the Animal Welfare Act 2006 ("the 2006 Act") is to promote the welfare of "protected animals", except animals used in scientific procedures which are subject to the Animals (Scientific Procedures) Act 1986. Vertebrate animals of a kind commonly domesticated in the British Islands are deemed to be "protected animals", whether they can be said to be under the control of man or not. This ensures that, for example, stray dogs and feral cats are covered. Animals of a kind not commonly domesticated, such as wildlife, in the UK are only protected animals to the extent that they are under the control of man or are not living independently in the wild.
The 2006 Act makes it an offence for any person who is responsible for a kept animal to cause the animal unnecessary suffering or to fail to provide for the animal’s welfare needs. It also provides for additional specific animal welfare protections to be introduced under secondary legislation and provides for the publication of statutory welfare codes that enable practical guidance to be provided to keepers on how to care for their animals. These codes can be used to inform prosecutions (although the codes themselves are not all legally enforceable).

The 1981 Act consolidates the Diseases of Animals Act 1935, the Diseases of Animals Act 1950, the Ponies Act 1969, the Rabies Act 1974, the Diseases of Animals Act 1975, and certain related enactments.
The 2002 amendments to the Act have two main purposes. The first is to provide additional powers to tackle Foot and Mouth Disease (FMD) and for these powers to be extendable to other animal diseases by order. The second is to provide additional powers to deal with transmissible spongiform encephalopathies (TSEs) in sheep. The Act also makes a number of amendments to the enforcement provisions of the Animal Health Act 1981.

An offence under regulations made under section 2(2) of the European Communities Act 1972 which the Secretary of State considers relates to animals or animal products.

Certain species of wild animals kept in Great Britain, which are considered to be dangerous should they escape, fall under the Dangerous Wild Animals Act 1976. This legislation, which provides for the keeping of some dangerous primates, is primarily concerned with public safety rather than animal welfare and requires keepers of dangerous wild animals to be licensed and inspected by the local authority.

An Act outlining restrictions on keeping dog breeds bred for fighting and dogs presenting a serious public danger, in addition to outlining provisions for the proper control of dogs. This is a UK wide Act and a reserved matter in Wales. Only a constable can issue a penalty notice under section 1, 3 or 4(8) of the Dangerous Dogs Act 1991.