Legislation

Question 1

What is Common Law?

Answer 1

Derived from custom and judicial decision rather than statutes/written laws

Question 2

What is Civil Law?

Answer 2

Deals with disputes between individuals or organisations

Question 3

What is Criminal Law?

Answer 3

Deals with disputes between society and individuals/organisations

Question 4

What is Statutory Law?

Answer 4

Laws that have been made by an act of parliament. Government may introduce a ‘bill’ to update existing laws or develop new ones in response to changes in society. A bill is debated in parliament & once it is passed it is drafted into law

Question 5

What is Precedent?

Answer 5

A legal decision that serves as an authoritative rule in similar cases that follow

Question 6

Who can bring a Civil case?

Answer 6

An individual

Question 7

Who can bring a Criminal case?

Answer 7

Society
Procurator Fiscal (Scotland)
CPS (England)

Question 8

Who hears a Civil case?

Answer 8

Up to 3 judges

Question 9

Who hears a Criminal case?

Answer 9

Judge and Jury

Question 10

What is the outcome of a Civil case?

Answer 10

Each case will have ‘counts’ with each count viewed individually

Question 11

What is the outcome of a Criminal case?

Answer 11

Either innocent or guilty (and not proven in Scotland) with the assumption of innocence

Question 12

What is the concequence in a Civil case?

Answer 12

Monetary reparation attributed to the case. No custodial sentence unless fine not paid (contempt of court)

Question 13

What is the consequence of a Criminal case?

Answer 13

Custodial sentence, community payback, fine or a combination

Question 14

What is the time-scale for a Civil case?

Answer 14

3-10 years

Question 15

What is the time-scale of a Criminal case?

Answer 15

1-2 years

Question 16

What year was the Animal Health and Welfare (Scotland) Act brought about?

Answer 16

2006

Question 17

What is an owners’ duty of care?

Answer 17

1. A suitable environment in which the animal can live
2. A suitable diet
3. Facilities/activities for the animal to express normal behaviour
4. Suitable companionship - to be housed with or without other animals, depending on the needs of the individual species
5. Protection from pain suffering and disease

Question 18

What animals are covered under the AHWA (Scotland) 2006?

Answer 18

Any vertebrate animal is covered under this act

Question 19

List the 5 freedoms

Answer 19

• Freedom from thirst, hunger and malnutrition
• Freedom from discomfort
• Freedom from pain, injury and disease
• Freedom to express normal behaviour
• Freedom from fear and distress

Question 20

What can happen if a Duty of Care Notice is issued?

Answer 20

£5000 fine and/or sent to prison for 6 months

Question 21

Name 4 offences against the AHWA

Answer 21

• to cause an animal unnecessary suffering
• buy animals if you are under 16
• use animals as prizes
• fail to take reasonable steps to ensure welfare

Question 22

Who (according to the Act) can remove an animal from danger?

Answer 22

• Animal health & welfare inspector working for local authority
• Police officer
• SSPCA inspector
• State Veterinary Service (SVS)

Question 23

Name 2 animal persuits that are illeagal in the UK

Answer 23

• Animal fighting/baiting

- Abandonment.

Question 24

When was the Tail Docking regulation ammended?

Answer 24

2017

Question 25

What kind of dogs are allowed to have their tails docked?

Answer 25

S+E - Tail docking allowed in animal is working type S - Hunt, point retrieve E - Hunt, point retrieve and terrier

Question 26

How old does a puppy have to be to have it's tail docked?

Answer 26

S+E - <5d old & microchipped

Question 27

How much tail can be removed during docking?

Answer 27

No more than the end third of the length of the dogs tail may be removed

Question 28

What must a VS sign with regards to tail docking?

Answer 28

VS must sign certificate which states breed, sex, colour and description, microchip number of dog

Question 29

What must a VS certify they have seen with regards to tail docking?

Answer 29

Specific evidence showing likely to be used in connection with lawful shooting of animals

Question 30

When was the Veterinary Surgeons Act brought about?

Answer 30

1966

Question 31

What type of law is Schedule 3?

Answer 31

Statutory Law

Question 32

What can Vet Nurses do under Schedule 3?

Answer 32

Administer medical treatment or minor surgery (not involving entry into a body cavity) under veterinary direction

Question 33

What is DEFRA?

Answer 33

Responsible for all animal health and welfare related legislation (except for animals used for research)

Question 34

What is the Dangerous Dogs Act 1991?

Answer 34

- Dogs deemed as ‘dangerous’ need to be registered under this act - Allows a destruction order to be imposed after one biting incident

Question 35

What is The Protection of Animals Act 1911?

Answer 35

- The main law preventing cruelty to animals - Allows owners to be prosecuted in cases of cruelty - According to RCVS Guide to Professional Conduct, client confidentiality can be can be broken in cases of suspected cruelty

Question 36

What is The Animal Health Act 1981?

Answer 36

- Legislation to prevent the spread of serious animal diseases (e.g. zoonosis such as rabies)

Question 37

The Agricultural Act Scotland is separate from the AHWA 2006. True or False?

Answer 37

FALSE …. Scotland has incorporation of Agricultural law, which involves law and legislation regarding notifiable diseases in Scotland relating to farm animals.

Question 38

Briefly descibe ethics.

Answer 38

Ethics are a set of moral principles

Question 39

Name the Philosopher that is quoted to say, “I think, therefore I am”, and claimed that animals had no feelings and were merely machines

Answer 39

Descartes

Question 40

Name the Patron Saint of Animals.

Answer 40

St Francis of Assisi

Question 41

Explain the importance of the Guide to Professional Conduct for VNs

Answer 41

The RCVS Code of Professional Conduct sets out veterinary nurses' professional responsibilities. Supporting guidance provides further advice on the proper standards of professional practice. The Code and supporting guidance are essential for veterinary nurses in their professional lives and for the RCVS regulation of the profession. Abiding by the guide, it would be less likely that a registered veterinary nurse would find him/herself in a difficult situation. On occasions, the professional responsibilities in the Code may conflict with each other and veterinary nurses may be presented with a dilemma. In such situations, veterinary nurses should balance the professional responsibilities, having regard first to animal welfare.

Question 42

Explain the variations between being RVN and a Listed VN in relation to the Guide to Professional Conduct.

Answer 42

There is no difference between the RVN and VN in relation to the Guide to Professional Conduct, both parties are expected to abide by the Guide. It is only RVNS that have officially agreed to abide by the Code of Professional Conduct for VNs. The code itself is a useful benchmark for professional standards

Question 43

Explain the provisions of the Veterinary Surgeons Act in relation to VNs.

Answer 43

The Act provides for: - the registration of registered veterinary nurses; - the regulation of their professional education and professional conduct; - cancelling or suspending of registration in cases of misconduct.

Question 44

Explain the amendments that were made to the VSA in 2002

Answer 44

- Paragraph 6: VSA 1966. The Act permits veterinary nurses to carry out medical treatment and minor surgery (not involving entry into a body cavity) on any species of animal. The animal must be under the care of a VS and the treatment must be carried out under the VS direction. The VS must also be the employer of the VN or be acting on behalf of the VNs employer. The directing VS must be satisfied that the VN is qualified to carry out the treatment or surgery. This means that they must be on the list or register. - Paragraph 7 Relates to SVNs. A SVN is defined as someone enrolled for the purpose of training as a VN at an approved training and assessment centre or a veterinary practice approved by such a centre. A SVN can administer any medical treatment or any minor surgery (not involving entry into a body cavity) under veterinary direction. Animals must be under the care of the VS and the treatment must be carried out at the VS direction. The VS must also be the employer of the SVN or be acting on behalf of the employer. The treatment or minor surgery must be carried out in the course of the SVNs training and must be supervised by a VS or a RVN. In the case of surgery the supervision of a student must be direct, continuous and personal.