Animal welfare law is being improved. Pet owners now have a legal duty to care. The Animal Welfare Act 2006 makes owners and keepers responsible for ensuring that the welfare needs of their animals are met.

The Animal Welfare Act 2006 became law in Wales on 27th March 2007 and in England on 6th April 2007. Scotland has its own Animal Health & Welfare Act coming into force on 30th April 2007.

The year 2007, according to BVA (British Veterinary Association) President David Catlow, represents a “significant landmark in the history of animal protection”. This legislation is, said Mr Catlow, “of considerable significance to all those who work to help prevent animal suffering. By making it an offence to fail to provide for the needs of an animal, the new legislation will hopefully make it possible for enforcement agencies to take steps to prevent animal suffering, rather than, has been the case until now, only act afterwards”.

Duty of Care
Most significantly, the law now places a duty of care on the owners and keepers of all vertebrate animals to ensure that their animals’ needs are met. In addition to the traditional determinants of a pet’s quality of life (welfare) such as feeding, keeping living quarters clean and ensuring veterinary treatment when sick or injured, pet owners are now required to meet other possibly less familiar determinants of their pet’s welfare such as the ability to express normal behaviour.

The BVA Animal Welfare Foundation (BVA AWF) has produced a leaflet which is designed to assist pet owners meet the 'duty of care' requirements introduced by the Animal Welfare Act 2006. The leaflet presents the concept of 'duty of care' in easily understandable terms. The BVA AWF hopes that it will educate pet owners about the quality of life of their pets and encourage them to think about how it can be assessed and provided for. The ‘What Makes My Pet Happy’ leaflet is available to download from the BVA AWF website at www.bva-awf.org.uk or you can request a hard copy by emailing bva-awf@bva.co.uk

The duty of care clause should not affect responsible dog owners. Rather it will make it a legal requirement for all owners and keepers of pets to provide for the basic needs of their animals. These include the need:

- for a proper diet (including water)
- for a suitable place to live
- to be housed with, or apart from, other animals as appropriate
- to express normal behaviour patterns
- to have protection from pain, injury, suffering and disease

The new law also increases the age at which a person can buy an animal, with the minimum age now being 16 years old. The Act also prohibits the giving of animals as prizes to unaccompanied children under this age. Anyone who is cruel to an animal, or does not provide for its welfare needs, may be banned from owning animals, fined up to £20,000 and/or sent to prison. For further information please visit www.defra.gov.uk/animalh/welfare/act/index.htm or contact the Defra Helpline Tel: 08459 33 55 77 or email helpline@defra.gsi.gov.uk

Tail Docking Ban
One particular aspect of the Act deals with the ban on the docking of dogs' tails. The Animal Welfare Act bans docking with an exemption for working dogs used for their traditional job of work. A dog is officially a working dog if a vet has certified that the dog is likely to be used for work in connection with the following:

- Law enforcement
- Activities of the armed force
- Emergency rescue
- Lawful pest control
- Lawful shooting of animals

Dogs born after 6th April 2007 cannot be shown with docked tails at fee-paying shows.

Scotland's Act includes a complete ban on tail docking (except when medically necessary) yet the English and Welsh Acts hold these working dog exemptions. The RSPCA has expressed dismay. Acting chief veterinary adviser at the RSPCA, David McDowell, says "These new regulations are shambolic; there is absolutely no need to exempt tail docking for working dogs."