Legislation Flashcards
What is Common Law?
Derived from custom and judicial decision rather than statutes/written laws
What is Civil Law?
Deals with disputes between individuals or organisations
What is Criminal Law?
Deals with disputes between society and individuals/organisations
What is Statutory Law?
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
What is Precedent?
A legal decision that serves as an authoritative rule in similar cases that follow
Who can bring a Civil case?
An individual
Who can bring a Criminal case?
Society
Procurator Fiscal (Scotland)
CPS (England)
Who hears a Civil case?
Up to 3 judges
Who hears a Criminal case?
Judge and Jury
What is the outcome of a Civil case?
Each case will have ‘counts’ with each count viewed individually
What is the outcome of a Criminal case?
Either innocent or guilty (and not proven in Scotland) with the assumption of innocence
What is the concequence in a Civil case?
Monetary reparation attributed to the case. No custodial sentence unless fine not paid (contempt of court)
What is the consequence of a Criminal case?
Custodial sentence, community payback, fine or a combination
What is the time-scale for a Civil case?
3-10 years
What is the time-scale of a Criminal case?
1-2 years
What year was the Animal Health and Welfare (Scotland) Act brought about?
2006
What is an owners’ duty of care?
- A suitable environment in which the animal can live
- A suitable diet
- Facilities/activities for the animal to express normal behaviour
- Suitable companionship - to be housed with or without other animals, depending on the needs of the individual species
- Protection from pain suffering and disease
What animals are covered under the AHWA (Scotland) 2006?
Any vertebrate animal is covered under this act
List the 5 freedoms
- 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
What can happen if a Duty of Care Notice is issued?
£5000 fine and/or sent to prison for 6 months
Name 4 offences against the AHWA
- 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
Who (according to the Act) can remove an animal from danger?
- Animal health & welfare inspector working for local authority
- Police officer
- SSPCA inspector
- State Veterinary Service (SVS)
Name 2 animal persuits that are illeagal in the UK
- Animal fighting/baiting
- Abandonment.
When was the Tail Docking regulation ammended?
2017
What kind of dogs are allowed to have their tails docked?
S+E - Tail docking allowed in animal is working type
S - Hunt, point retrieve
E - Hunt, point retrieve and terrier
How old does a puppy have to be to have it’s tail docked?
S+E - <5d old & microchipped
How much tail can be removed during docking?
No more than the end third of the length of the dogs tail may be removed
What must a VS sign with regards to tail docking?
VS must sign certificate which states breed, sex, colour and description, microchip number of dog
What must a VS certify they have seen with regards to tail docking?
Specific evidence showing likely to be used in connection with lawful shooting of animals
When was the Veterinary Surgeons Act brought about?
1966
What type of law is Schedule 3?
Statutory Law
What can Vet Nurses do under Schedule 3?
Administer medical treatment or minor surgery (not involving entry into a body cavity) under veterinary direction
What is DEFRA?
Responsible for all animal health and welfare related legislation (except for animals used for research)
What is the Dangerous Dogs Act 1991?
- Dogs deemed as ‘dangerous’ need to be registered under this act
- Allows a destruction order to be imposed after one biting incident
What is The Protection of Animals Act 1911?
- 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
What is The Animal Health Act 1981?
- Legislation to prevent the spread of serious animal diseases (e.g. zoonosis such as rabies)
The Agricultural Act Scotland is separate from the AHWA 2006. True or False?
FALSE ….
Scotland has incorporation of Agricultural law, which involves law and legislation regarding notifiable diseases in Scotland relating to farm animals.
Briefly descibe ethics.
Ethics are a set of moral principles
Name the Philosopher that is quoted to say, “I think, therefore I am”, and claimed that animals had no feelings and were merely machines
Descartes
Name the Patron Saint of Animals.
St Francis of Assisi
Explain the importance of the Guide to Professional Conduct for VNs
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.
Explain the variations between being RVN and a Listed VN in relation to the Guide to Professional Conduct.
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
Explain the provisions of the Veterinary Surgeons Act in relation to VNs.
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.
Explain the amendments that were made to the VSA in 2002
- 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.
