ANIMAL WELFARE LEGISLATION: PROTECTING PETS

Guidance and legislation covering pet welfare and animal cruelty.

Animal Welfare Act 2006

The Animal Welfare Act 2006 is the principal animal welfare legislation.
Under the Animal Welfare Act 2006, powers exist for secondary legislation and codes of practice
to be made to promote the welfare of animals. The government is considering a number of
specific issues including updating or bringing in new regulations or codes. Until such new
provisions are made, existing laws will continue to apply.

Guidance for pet owners

Buying a cat or dog
Protecting the welfare of pet dogs and cats during journeys - advice for owners on
how to identify and avoid overheating in animals
Protecting the welfare of pet animals (cats and dogs) during journeys: advice for
carriers
Leaflet: Fireworks and animals - How to keep your pets safe

Codes of practice

There are codes of practice for the welfare of dogs, cats, horses (including other equidae)
and privately kept non-human primates. They provide owners and keepers with information on
how to meet the welfare needs of their animals, as required under the Animal Welfare Act 2006.
They can also be used in courts as evidence in cases brought before them relating to poor
welfare. The codes apply to England only (Wales and Scotland have their own equivalent codes),
and are in force from 6 April 2010.

Welfare
Welfare
Welfare
Welfare

of
of
of
of

dogs
cats
horses, ponies, donkeys and their hybrids
privately kept non-human primates (PDF, 772KB, 24 pages)

The Performing Animals (Regulation) Act 1925

The welfare of performing animals is provided for in the general provisions to avoid
suffering and ensure welfare in the Animal Welfare Act 2006. In addition the training and
exhibition of performing animals is further regulated by the 1925 act which requires trainers and
exhibitors of such animals to be registered with the local authority.
Under this act, the police and officers of local councils, who may include a vet, have power
to enter premises where animals are being trained and exhibited, and if cruelty and neglect is
detected, magistrates courts can prohibit or restrict the training or exhibition of the animals and
suspend or cancel the registration granted under the act. Under this act councils are required to
send copies of any certificates to Defra.
Copies of certificates should be sent to:
Hugh Togher
Animal Welfare Team
Defra
Area 8B

c/o 17 Smith Square

London
SW1P 3JR

The Pet Animals Act 1951 (as amended in 1983)

This act protects the welfare of animals sold as pets. It requires any person keeping a pet
shop to be licensed by the local council.
Before granting a licence the council must be satisfied that:
the animals are kept in accommodation that is both suitable and clean
that they are supplied with appropriate food and drink
are adequately protected from disease and fire
The local council may attach any conditions to the licence, may inspect the licensed
premises at all reasonable times and may refuse a licence if the conditions at the premises are
unsatisfactory or if the terms of the licence are not being complied with.
Councils are responsible for enforcing the law in this area and anyone who has reason to
believe that a pet shop is keeping animals in inadequate conditions should raise the matter with
the council who will decide what action to take within the range of its powers.
Under section 2 of this act, pets cannot be sold in the street, including on barrows and
markets.

Animal Boarding Establishments Act 1963

Establishments where the boarding of animals is being carried on as a business are subject
to the 1963 act, which requires such establishments to be licensed by the local council. For the
purpose of this act the keeping of such establishments is defined as the carrying on at any
premises, including a private dwelling, of a business of providing accommodation for other
peoples cats and dogs.
The licence is granted at the discretion of the local council which may take into account
the suitability of the accommodation and whether the animals are well fed, exercised and
protected from disease and fire.

Riding Establishments Act 1964 and 1970

Riding establishments are licensed by local councils under the 1964 act. The council can
impose conditions on the licence. The council, in the exercise of its discretion, may take into
account:

the suitability of the applicant or manager

the accommodation and pasture
adequacy of the provision for the horses health, welfare and exercise
precautions against fire and disease
suitability of the horses with regards to the reasons they are being kept

Breeding and Sale of Dogs (Welfare) Act 1999, Breeding of Dogs Act 1991 and
Breeding of Dogs Act 1973
The Breeding and Sale of Dogs (Welfare) Act 1999, which amended and extended the
provisions of the Breeding of Dogs Act 1973 and the Breeding of Dogs Act 1991, already provides
protection for dogs used in breeding establishments.
Under this legislation, any person who keeps a breeding establishment for dogs at any
premises and carries on at those premises a business of breeding dogs for sale must obtain a
licence from the local council. Those people who are not in the business of breeding dogs for
sale, so called hobby breeders, and produce less than 5 litters in any period of 12 months do
not need a licence.
The local council has the discretion whether to grant a licence and, before doing so, must
satisfy itself that:

 the animals are provided with suitable accommodation, food, water and bedding material
are adequately exercised and visited at suitable intervals
that all reasonable precautions are taken to prevent and control the spread of diseases
amongst dogs
Local councils are responsible for enforcing the legislation.
In addition to ensuring that dogs are kept in suitable accommodation, the law also places
limits on the frequency and timing of breeding from a bitch. Bitches cannot be mated before they
are a year old, must have no more than 6 litters in a lifetime and can only have one litter every
12 months.
Breeding records must be kept to ensure that these requirements are adhered to. Puppies
that are produced at licensed breeding establishments can only be sold at those premises or a
licensed pet shop.