Welfare legislations Flashcards
1
Q
What year was the scottish government given devolved powers?
A
1999
2
Q
Name 3 reserved powers made at the UK level
A
- Defense
- Immigration
- International trade
3
Q
Name the primary animal welfare legislation in Nothern Ireland
A
The Welfare of Animals (Nothern Ireland) Act 2011
4
Q
Name the primary animal welfare legislation in England + Wales
A
The Animal Welfare Act of 2006
5
Q
Name the primary animal welfare legislation in Scotland
A
The Animal Health and Welfare (Scotland) Act 2006
6
Q
What are the 4 main purposes of The Animal Health and Welfare (Scotland) Act 2006 ?
Animal Health and Welfare (Scotland) Act 2006
= AHWA of 2006
A
- To promote the welfare of animals
- To prevent harm + suffering
- To introduce a duty of care for those responsible for animals (owners) + their welfare needs are met
- Allows animals suffering or in danger of suffering can be removed
7
Q
What has the AHWA of 2006 introduced for the 1st time?
A
Welfare offences
8
Q
True or False.
The ‘duty of care’ has only ever existed for farm animals, before the AHWA of 2006.
A
True
9
Q
Give 3 examples of ‘duty of care’ for animal owners
A
Meeting basic animal needs, such as:
1. Food + water
2. Veterinary treatment
3. Appropriate enivonment
10
Q
What does section 9 of the AHWA of 2006 state?
A
That is is a criminal offence to unreasonably fail to meet the needs of the animal they are responsible for, in accordance to good practice
11
Q
Name the ‘4’ welfare needs
A
The right/need to;
1. A suitable environment + accomodation
2. A suitable diet (inc water etc)
3.Express their natural behaviours + interact with other animals (if appropriate)
4. Protection from suffering, pain, injury + disease
12
Q
Who published the Codes of Practice guides?
A
The Scottish Government + the Animal Health & Welfare Division (AHWD)
13
Q
True or False.
The Codes of Practice focuses on specific species and is based upon the welfare needs.
A
True
14
Q
What is the aim of the Codes of Practice?
A
To provide all animal owners with:
- Readily avaliable, free + multi-formatted information (providing no one with an excuse not to clam they cannot access it)
- Also meant for those who may not own, but, are caring for animals
- Ensures the duty of care is met
Essentially = ‘Best practice guidance to help animal owners and keepers meet the duty of care, under the Animal Health and Welfare (Scotland) Act of 2006’
15
Q
What 4 animals does the Code of Practice exist for?
A
- Dogs
- Cats
- Rabbits
- Horses (including ponies + donkeys)
16
Q
What travel scheme does the Codes of Practice cover, that include Dogs, Cats + Ferrets?
A
The Pet Travel Scheme (PTS)
17
Q
True or False.
The Codes of Practice, often reffered to as the ‘codes’, has a legislative effect.
A
False!
They are intended to promote + provide examples of good practice
18
Q
True or False.
The Codes of Practice can be used by courts, for evidence against poor animal welfare cases.
A
True!
19
Q
True or False.
Does this quote accurately describe advice on rabbits that would be found in the Codes of Practice for Rabbits.
‘Check your rabbits’ front teeth to make sure that they are not misaligned or overgrown’
A
True, an exact quote!
20
Q
If an owner brought in a rabbit with very over-grown teeth would this be a breach of their duty of care?
+
Can they be prosecuted for this?
A
Yes, althought not quoted in any legislations, this breaches the duty of care.
Yes, they can be prosecuted, because it is causing unnecessary suffering.
21
Q
Who do the codes apply to?
A
All :
* Animal owners
* Those caring for animals
* All proffesionals working in the animal industry or working with animals
22
Q
Think simple…
Give 6 reasons to how the codes of practice help support + maintain animal welfare standards.
A
It is:
1. Easily understandable
2. Considers all animal welfare needs
3. Species specific, rather than generalised legislation
4. Easy + free to access
5. Clear + concise
6. Includes referencing to the relevant legislations for each species
23
Q
Define what is meant by an animal in legislations
A
Animal = vertebrae other than man
24
Q
Think stages…
What animals are excluded from the ‘animal’s bracket?
A
Foetal or embryonic forms of the animal
25
Name **5 different vertebrates**
1. Mammals
2. Birds
3. Reptiles
4. Amphibians
5. **Fish**
26
Name **4** examples of **Invertebrates**
1. Insects
2. Shellfish
3. Crustaceans
4. Cephalopods
27
So, name what **type** of animals are **protected** by the AHWA of 2006?
All **vertebrates**
28
Which **new legislation** may **expand the protection** of **vertebrates** to **invertebrates** too?
The Animal Welfare (**Sentience**) Act of **2022**
## Footnote
(AWSA of 2022)
29
Define the meaning of **Sentience**
Essentailly, the animal's ability to feel emotions + feelings
30
What **2** types of **Invertebrates** are **incorperated** into the **AWSentienceA** of 2022?
1. * **Decapods Crustaceans**
1. * **Cephalopod molluscs**
31
What are **Decapods Crustaceans**?
Lobsters + Crabs
32
What are **Cephalopod molluscs**?
Squids + Octopuses
33
True or False.
Animal Welfare Sentience Act of 2022 **requires policy makers** to consider animal sentience when **creating** or **changing laws**.
True
34
What is the Animal Sentience **Comittee** + what do they do?
A comittee/panel of **experts** that **examine + review government policies** and how they affect animal welfare
35
Can the Animal Sentiene Comittee **challenge any laws** + the **government**, if they are considered not to be in the best interests of the animals?
Yes!
36
Other than being a **vertebrate**, what **3 other criteria must** an animal have in order to be deemed as **protected**?
1. **Commonly domesticated** to the **British Isles**
* Domestication = selectively bred to be adapted for human use or requirements
* Includes strays + ferals (from colonies)
2. **Under the control of humans**, on a **temporary** or **premanent** basis
* In a cage, field or restricted area
* Short or long-term basis
3. **Not** living in a **wild state**
* Not native to UK
* Unable to live truly wild (escaped exotic pet)
## Footnote
Yes i know about the 1's, couldn't change it, too little time lol deal with it x
37
Who has primaryly responsible for the animal, in the eyes of the law?
The owner
38
Can animal responsibility be shared by more than 1 person?
Yes
(however temporary)
A good example is horses housed a shared stables.
39
True or False.
If **2 people shared** the **responsibility** of an animal, if they were to be **prosecuted**, the person prosecuted would be the one **who** had responsibilty **at the time of the offence.**
True!
40
True or False.
People **under 16 years old**, in **Scotland** have legal responsibiity of an animal.
False, the parents or guardian who is responsbile for that child is
41
Who is responsible for the welfare of an animal that is a keeper of animals in a workplace?
The person who is caring for them, including:
* VS
* VN
* VCA
* SSPCA officer
* Zookeeper
* Groomer
* Behaviourst or trainer
* Stocksperson
42
Can only 1 - or - many people be legally responsbile for an animal, especially in the workplace?
Many
43
Namne the **6 offences** listed under the **AHW** (Scotland) **Act** of **2006**
1. **Neglect** **to take reasonable steps** to **ensure** the **welfare** of an animal)
2. **Cause** a **protected** animal **unnecessary suffering**
3. Carry out **mutilations** or **cruel operations**
4. **Administer poisons**
5. **Abandon** an animal
6. Use animals for **fighting**
7. Use an animal as a **prize**
8. **Sell** an animal **to children**
44
True or False.
Unnecessary suffering under the AHWA of 2006, doesn't include faliure to act.
False, it does!
45
Is it an offence for the defendant to know or reasonably ought to have know that their actions could cause or likely lead to unnecessary suffering?
Yes!
46
Name 8 soco-economic influences for people abandoning pets
1. Fiancial
2. Unwanted litters
3. Loss of interest
4. Lack of time + space
5. Divorce
6. Birth of a child
7. Loss of emnployment
8. Relocation
47
True or False.
It is illegal to abandon an animal at a shelter, without the consent of the shelter.
True!
As they may not have any space avaliable to take that animal on.
48
Does an abandoned animal need to have suffered in order for an abandoment offence to have been comitted?
No
49
Can an offence have been comitted if the animal was left in circumstances that were likely to cause it unnecessary suffering?
Yes
50
Name 5 factors that the court will consider when looking at whether an abandoment offence has been comitted?
1. Kind of animal
2. Age
3. State of health
4. Length of time the animal has been left
5. What the food, water, warmth + shelter circumstances were
51
True or False.
An animal fight is deemed as a scenario where a protected animal is placed with another animal or human for the purpose of fighting, wrestling + bating.
True!
52
Name 5 illegal fighting activites in the UK
1. Dog fights (Dangereous Dogs Legislation)
1. Cockerel fights
1. Wrestling between animals and humans
1. Kangerous 'boxing'
1. Rodeo
53
Which of or how many of these are **deemed an offence**, in accordance with the law?
A. Attend, organise or bet on an animal fight
B. Allow premises to be used for a fight
C. Possess animal fighting equipment
D. Make a recording of a fight that takes place in GB
All of them!
54
Is it an offence to for a person **over** 16 to own an animal?
No
55
Is it an offence to for a person **under** 16 to own an animal?
Yes
56
Can a person **under** 16 years old **legally buy **an animal?
No, however they can own an animal!
57
If a person **under** 16 **cannot legally buy** an animal, **is it an offence** for that person to **own** or be a **registered** owner or **keep** of an animal?
Yes!
58
So, If a person **under** 16 **cannot legally buy** an animal and **yet is an offence** for that person to **own** or **be a registered owner** or **keep** of an animal, can they **show or exhibit** animals **in their name**?
Yes!
59
If it is an **offence** to **sell**, **offer** or **give** another person an **animal** as a **prize**, what is the **only exemption** to this clause?
If it is given within a **family** **context**
60
Give **4** examples of what is deemed as giving animals as a **prize**?
1. To offer or give a **goldfish** as prizes at **funfairs**
2. **Raffle livestock,** at **agriculture shows**
3. Organise a **newspaper** or **magazine competitions** where the prize is a **horse**. or **pony**
4. Organise a **competition** at a **fete** or **club** where an animal is the prize
61
What does the **Prohibited Procedures on Protected Animals** (**Exemptions**) (Scotland) **Amendment Regulations 2017**? make it an offence to do?
62
63
64
65
66
67
What **2 sections** of the AHW (Scotland) Act of 2006 **give powers that allow the introduction** of **secondary** legislations?
Sections **26** + **27**
68
True or False.
It is **easier to add on** a **secondary legislatio**n to an **exisiting act** than it is to write a whole **new** seperate act (law)
True!
69
What is another word for a **Primary** **Legislation**?
**Act**
| Created by parliment
70
What is another word for a **Secondary** **Legislation**?
**Regulation** or **Order**
71
What secondary legislation is **Tail docking** exempt from?
The **Prohibited Procedures on Protected Animals** (**Exemptions**) (Scotland) **Amendment Regulations 2017**
72
What 7 other exemptions are included within the **Prohibited Procedures on Protected Animals** (**Exemptions**) (Scotland) **Amendment Regulations 2017**?
1.**Neutering** (Castration + Spaying)
2.**Microchipping**
3.**Tattooing**
4.**Amputation** of **dew claws** in **dogs**
5.**Ear tipping** in **feral cats**
6.**Freeze branding** in **horses**
73
Give **3** examples of legislations that are commonly reffered to when someone references to the **Secondary Legislation**?
1. The **Microchipping of Dogs** (Scotland) **Regulations** of **2016**
2. The **Animal Welfare** (**Licensing** of **Activites** Involving **Animals**) (Scotland) **Regulations** of **2021**
3. The **Prohibited Procedures on Protected Animals** (**Exemptions**) (Scotland) **Amendment Regulations 2017**
74
What **legislation** governs the **microchipping** of **dogs** in **Scotland**?
**The Microchipping of Dogs**v(Scotland) **Regulations** of **2016**
75
What **regulation** governs the **licensing of activities** involving of animals?
The **Animal Welfare** (**Licensing of Activities Involving Animals**) (Scotland) **Reguations** of **2021**
76
What legislation is being reffered to when someone references to the **Primary Legislation**?
The **Animal Health** & **Welfare** (Scotland) **Act** of **2006**
77
Name **5** potential **measures** or **actions** that can be granted for those who may be **suspected** or have comitted an **offence**.against the **AHW** (Scotland) **Act** of **2006**
1. **Advisory visit**
2. Visit to **check compliance**
3. **Time** given **to remedy** action
2. **Statutory Care Notice** (SCN)
5. Take **possession**
78
What is a **Statutory Care Notice**?
(SCN)
* Intiated when an **inspector** **determines** the **owner**/carer isn't **meeting** the **welfare** **needs** of the animal
* Consituting of a **criminal** **offence**, under **section 24** of the **AHW** (Scotland) **Act** of **2006**
79
What are the **4 penalities** that can be given for those who **committ** an **offence**, against the **AHW** (Scotland) **Act** of **2006**?
1. **Disqualification order**
2. **Seizure** order
3. Fine
4. Imprisonment
80
What is a **Disqualification Order**?
When the court imposes an order that **prohibits** the **permenant** or **temporary owning** of an animal
81
What is a **Seizure Order**?
* When the **court lawfully possesses** an animal
* They can also issue an** Interim Order**
82
What is an **interim order**?
An order that **arranges temporary care** for the animal, whilst they consider seizing the animal
83
What is the **reason** that an animal would be t**aken into possession**?
To **aleviate suffering**, by removing it from the cause or in the circumstance that it is l**ikely to be suffering**
84
Name the **4 types of authorised persons** that an animal can be removed and **taken into possession.**
1. **Animal health** + **welfare inspector**, working for a **local authority**
2. Member of the **State Veterinary Service **(SVS)
3. **SSPCA**/RSPCA Inspector
4. **Police officer**
85
**Under what circumstance** can an animal **be taken** by the 4 types of authorised persons?
If a **vet certifies** that the animal is **suffering**
86
What is the **protocol** if an animal needs to be removed in an **emergency**?
In an **emergency**, the **authorised** person can remove the animal **without waiting for a vet,** including dependant animals
87
Name the **new act** that **updates** the AHWA of 2006
The **Animals and Wildlife** (**Penalties Protections** and **Powers**) (**Scotland**) **Act** **2020**
88
What does the **Animals and Wildlife** (**Penalties Protections** and **Powers**) (**Scotland**) **Act** **2020** introduce?
Trial by Indictment
89
What does the **Animals and Wildlife** (**Penalties Protections** and **Powers**) (**Scotland**) **Act** of **2020** increase?
Maximum avaliable penalties for the most serious welfare + wildlife crime offences
90
What **2 maximum penalties** have been introduced, in accordance with the **Animals and Wildlife** (**Penalties Protections** and **Powers**) (**Scotland**) **Act** of **2020**?
1. Up to **5 years imprisonment**
2. **Unlimited** fine
91
What are the 3 the things the **Animals and Wildlife** (**Penalties Protections** and **Powers**) (**Scotland**) **Act** of **2020** provide?
1. **Fixed penalties** (In relation to animal welfare, health + wildlife offences)
2. Courts to consider **disqualification orders** (Following convictions for animal welfare offences + record their reasons)
3. **Increased powers** on **inspectors**, **without** the **need to obtain a court order** (When animals are taken into possession to alleviate their suffering, making arrangement for treatment, transfer or destruction of those animals)
92
93
How does social media influence owners when acquiring + sourcing new pets?
* Social media trends for certain breeds
* Social status influenced by certain breeds
* Theses trends + social statuses do not take into consideration their:
* Behaviours
* Exercise levels
* Size
* How they fit into their home environments
- Just for cosmetic reasons
* Multi-pet + child households also influence an owner acquiring a pet
* Social media can be sourced via social media channels - due to increased popularity
94
Give a few examples of where dog's welfare has been compromised due to the result of selective breeding
1. BOAS:
* Unable to breathe
* Effect ability to eat + digest food
* Effects ability to exercise
* Efects ability to communicate properly or display normal behaviours
* Can cause secondary conditions
1. Spinal disease
* Due to overbreeding
* Selective traits of longer spines
* Effects ability to carry out normal functions
* Causes pain + suffering
1. Seizures
2. Rare genetic disorders
3. Limb disorders
95
What welfare implications do puppy farms + poor practice have on breeding dogs?
1. Breaches 5 freedoms due to:
1. Inadequate hoursing
1. Lack or no veterinary or preventative care
1. Leads to poor health
1. Multiple clinical confitions
1. Lack of socialisation
1. Lack of handling - impacts behaviour
96
What is Contractarianism in regards to animal welfare?
Asserts that only individuals who comprehend + embrace a contract can have moral rights
97
What is Utilitarianism in regards to animal welfare?
Based on the principle of equal consideration, given to all species
98
What is Humanism in regards to animal welfare?
* Also known as speciesism
* Human beings are alone in deserving moral consideration, regardless of intelligence or ability whereas animals do not
99
When referring to the term 'Welfare', what 3 concepts are we reffering to?
Aspects of health, such as:
1. Physical health
1. Mental health
1. State of well-being
100
True or False.
Both health + welfare can be measuered on a scale/continuum from negative to positive.
True
101
True or False.
Health + Welfare can improve or detoriate over time, along the scale.
True
102
True or False.
Health + welfare are intertwined, which is why when reffering to an animal's welfare, we are often reffering to its health.
True
103
