The main legal requirements
This guide aims to help kennel managers and contract managers comply with legal requirements, thereby
helping to improve the welfare of the dogs they are responsible for. Often, ensuring and improving dog welfare
means that the financial impact of holding seized dogs can be reduced and money can, potentially, be saved.
There are several pieces of legislation that we recommend that the reader consults along with this guide
and these are laid out below.
Animal Welfare Act 2006
Under the Animal Welfare Act 2006 (AWA 2006), which applies to
England and Wales, those responsible for animals have a duty to
ensure reasonable steps are taken to ensure the welfare needs of
the animals are met 'to the extent required by good practice' and
it is an offence to fail to do so (section 9, AWA 2006).
THERE ARE FIVE WELFARE NEEDS.
1. The need for a suitable environment.
2. The need for a suitable diet.
3. The need to be able to exhibit normal
behaviour patterns.
4. The need to be housed with, or apart from,
other animals.
5. The need to be protected from pain, suffering,
injury and disease.
The Department for Environment, Food & Rural Affairs (Defra)
and the Welsh Government have produced Codes of Practice
concerning dogs that provide practical guidance in respect of
the AWA 2006. Failure to comply with - or compliance with -
a relevant provision of the Codes of Practice may be relied upon
as tending to establish or negate liability for an offence under
the Act (section 14[4]).
Under section 3 of the AWA 2006, a person is responsible for an
animal on both a temporary and a permanent basis. Under Section 57,
a body corporate can be responsible therefore both the seizing
authority and the kennels are liable under this Act for ensuring
the welfare needs of the dogs in their care, not just individuals.
Animal Boarding Establishments Act 1963
The Animal Boarding Establishments Act 1963 requires anyone
who wishes to keep a boarding establishment to be licensed by
a local authority and to abide by the conditions of the licence.
In particular, the local authority will consider whether the
establishment is able to ensure that the following provisions
are met.
l Accommodation must be suitable in respect of construction,
size, number of occupants, exercising facilities, temperature,
lighting, ventilation and cleanliness.
l There must be an adequate supply of suitable food, drink and
bedding material for the animals and they are to be adequately
exercised and visited at suitable intervals.
l Reasonable precautions must be taken to prevent and control
the spread of infectious or contagious diseases, including the
provision of isolation facilities.
l Appropriate steps must be taken for the protection of animals
in the case of fire or other emergency.
l A detailed register must be kept of any animals received into
the establishment, and must be available for inspection at
all times.
Transportation legislation
When transporting animals, there is a general duty of care to
protect them from injury or unnecessary suffering (see Article 4
of Welfare of Animals [Transport] [England] Order 2006 or [Wales]
Order 2007) and to also ensure they are transported in suitable
containers. If the transportation is carried out in connection
with an 'economic activity', as defined by the Regulations, then
there are further legal requirements to comply with under this
legislation; both the seizing authority and/or its contractors
should be aware of these requirements and comply with them
accordingly. Furthermore, there is a requirement under the
Highway Code that animals should be 'suitably restrained' when
transported (Rule 57, Highway Code).
Any vehicle used for transporting dogs must be suitable and
have the correct ventilation and temperature control so that
the dog remains comfortable during the journey, whatever
the outside temperature.
Please see 'Further sources of information' for a list of the key
pieces of legislation and codes of practice mentioned above,
plus how to obtain copies.
04 MEETING THE WELFARE NEEDS OF SEIZED DOGS IN A KENNEL ENVIRONMENT
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Philip Toscano, Joe Murphy/RSPCA Photolibrary
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