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Welfare & Behaviour Yr1 > Welfare legislations > Flashcards

Welfare legislations Flashcards

1
Q

What year was the scottish government given devolved powers?

A

1999

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2
Q

Name 3 reserved powers made at the UK level

A
  1. Defense
  2. Immigration
  3. International trade
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3
Q

Name the primary animal welfare legislation in Nothern Ireland

A

The Welfare of Animals (Nothern Ireland) Act 2011

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4
Q

Name the primary animal welfare legislation in England + Wales

A

The Animal Welfare Act of 2006

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5
Q

Name the primary animal welfare legislation in Scotland

A

The Animal Health and Welfare (Scotland) Act 2006

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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
  1. To promote the welfare of animals
  2. To prevent harm + suffering
  3. To introduce a duty of care for those responsible for animals (owners) + their welfare needs are met
  4. Allows animals suffering or in danger of suffering can be removed
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7
Q

What has the AHWA of 2006 introduced for the 1st time?

A

Welfare offences

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8
Q

True or False.

The ‘duty of care’ has only ever existed for farm animals, before the AHWA of 2006.

A

True

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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

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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

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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

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12
Q

Who published the Codes of Practice guides?

A

The Scottish Government + the Animal Health & Welfare Division (AHWD)

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13
Q

True or False.

The Codes of Practice focuses on specific species and is based upon the welfare needs.

A

True

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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’

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15
Q

What 4 animals does the Code of Practice exist for?

A
  1. Dogs
  2. Cats
  3. Rabbits
  4. Horses (including ponies + donkeys)
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16
Q

What travel scheme does the Codes of Practice cover, that include Dogs, Cats + Ferrets?

A

The Pet Travel Scheme (PTS)

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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

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18
Q

True or False.

The Codes of Practice can be used by courts, for evidence against poor animal welfare cases.

A

True!

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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!

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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.

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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

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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

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23
Q

Define what is meant by an animal in legislations

A

Animal = vertebrae other than man

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24
Q

Think stages…

What animals are excluded from the ‘animal’s bracket?

A

Foetal or embryonic forms of the animal

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25
Q

Name 5 different vertebrates

A
  1. Mammals
  2. Birds
  3. Reptiles
  4. Amphibians
  5. Fish
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26
Q

Name 4 examples of Invertebrates

A
  1. Insects
  2. Shellfish
  3. Crustaceans
  4. Cephalopods
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27
Q

So, name what type of animals are protected by the AHWA of 2006?

A

All vertebrates

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28
Q

Which new legislation may expand the protection of vertebrates to invertebrates too?

A

The Animal Welfare (Sentience) Act of 2022

(AWSA of 2022)

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29
Q

Define the meaning of Sentience

A

Essentailly, the animal’s ability to feel emotions + feelings

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30
Q

What 2 types of Invertebrates are incorperated into the AWSentienceA of 2022?

A
    • Decapods Crustaceans
    • Cephalopod molluscs
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31
Q

What are Decapods Crustaceans?

A

Lobsters + Crabs

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32
Q

What are Cephalopod molluscs?

A

Squids + Octopuses

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33
Q

True or False.

Animal Welfare Sentience Act of 2022 requires policy makers to consider animal sentience when creating or changing laws.

A

True

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34
Q

What is the Animal Sentience Comittee + what do they do?

A

A comittee/panel of experts that examine + review government policies and how they affect animal welfare

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35
Q

Can the Animal Sentiene Comittee challenge any laws + the government, if they are considered not to be in the best interests of the animals?

A

Yes!

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36
Q

Other than being a vertebrate, what 3 other criteria must an animal have in order to be deemed as protected?

A
  1. Commonly domesticated to the British Isles
  • Domestication = selectively bred to be adapted for human use or requirements
  • Includes strays + ferals (from colonies)
  1. Under the control of humans, on a temporary or premanent basis
  • In a cage, field or restricted area
  • Short or long-term basis
  1. Not living in a wild state
  • Not native to UK
  • Unable to live truly wild (escaped exotic pet)

Yes i know about the 1’s, couldn’t change it, too little time lol deal with it x

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37
Q

Who has primaryly responsible for the animal, in the eyes of the law?

A

The owner

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38
Q

Can animal responsibility be shared by more than 1 person?

A

Yes
(however temporary)

A good example is horses housed a shared stables.

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39
Q

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.

A

True!

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40
Q

True or False.

People under 16 years old, in Scotland have legal responsibiity of an animal.

A

False, the parents or guardian who is responsbile for that child is

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41
Q

Who is responsible for the welfare of an animal that is a keeper of animals in a workplace?

A

The person who is caring for them, including:
* VS
* VN
* VCA
* SSPCA officer
* Zookeeper
* Groomer
* Behaviourst or trainer
* Stocksperson

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42
Q

Can only 1 - or - many people be legally responsbile for an animal, especially in the workplace?

A

Many

43
Q

Namne the 6 offences listed under the AHW (Scotland) Act of 2006

A
  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
Q

True or False.

Unnecessary suffering under the AHWA of 2006, doesn’t include faliure to act.

A

False, it does!

45
Q

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?

A

Yes!

46
Q

Name 8 soco-economic influences for people abandoning pets

A
  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
Q

True or False.

It is illegal to abandon an animal at a shelter, without the consent of the shelter.

A

True!
As they may not have any space avaliable to take that animal on.

48
Q

Does an abandoned animal need to have suffered in order for an abandoment offence to have been comitted?

A

No

49
Q

Can an offence have been comitted if the animal was left in circumstances that were likely to cause it unnecessary suffering?

A

Yes

50
Q

Name 5 factors that the court will consider when looking at whether an abandoment offence has been comitted?

A
  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
Q

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.

A

True!

52
Q

Name 5 illegal fighting activites in the UK

A
  1. Dog fights (Dangereous Dogs Legislation)
  2. Cockerel fights
  3. Wrestling between animals and humans
  4. Kangerous ‘boxing’
  5. Rodeo
53
Q

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

A

All of them!

54
Q

Is it an offence to for a person over 16 to own an animal?

A

No

55
Q

Is it an offence to for a person under 16 to own an animal?

A

Yes

56
Q

Can a person under 16 years old **legally buy **an animal?

A

No, however they can own an animal!

57
Q

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?

A

Yes!

58
Q

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?

A

Yes!

59
Q

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?

A

If it is given within a family context

60
Q

Give 4 examples of what is deemed as giving animals as a prize?

A
  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
Q

What does the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017? make it an offence to do?

A
62
Q
A
63
Q
A
64
Q
A
65
Q
A
66
Q
A
67
Q

What 2 sections of the AHW (Scotland) Act of 2006 give powers that allow the introduction of secondary legislations?

A

Sections 26 + 27

68
Q

True or False.

It is easier to add on a secondary legislation to an exisiting act than it is to write a whole new seperate act (law)

A

True!

69
Q

What is another word for a Primary Legislation?

A

Act

Created by parliment

70
Q

What is another word for a Secondary Legislation?

A

Regulation or Order

71
Q

What secondary legislation is Tail docking exempt from?

A

The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017

72
Q

What 7 other exemptions are included within the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017?

A

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
Q

Give 3 examples of legislations that are commonly reffered to when someone references to the Secondary Legislation?

A
  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
Q

What legislation governs the microchipping of dogs in Scotland?

A

The Microchipping of Dogsv(Scotland) Regulations of 2016

75
Q

What regulation governs the licensing of activities involving of animals?

A

The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Reguations of 2021

76
Q

What legislation is being reffered to when someone references to the Primary Legislation?

A

The Animal Health & Welfare (Scotland) Act of 2006

77
Q

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

A
  1. Advisory visit
  2. Visit to check compliance
  3. Time given to remedy action
  4. Statutory Care Notice (SCN)
  5. Take possession
78
Q

What is a Statutory Care Notice?
(SCN)

A
  • 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
Q

What are the 4 penalities that can be given for those who committ an offence, against the AHW (Scotland) Act of 2006?

A
  1. Disqualification order
  2. Seizure order
  3. Fine
  4. Imprisonment
80
Q

What is a Disqualification Order?

A

When the court imposes an order that prohibits the permenant or temporary owning of an animal

81
Q

What is a Seizure Order?

A
  • When the court lawfully possesses an animal
  • They can also issue an** Interim Order**
82
Q

What is an interim order?

A

An order that arranges temporary care for the animal, whilst they consider seizing the animal

83
Q

What is the reason that an animal would be taken into possession?

A

To aleviate suffering, by removing it from the cause or in the circumstance that it is likely to be suffering

84
Q

Name the 4 types of authorised persons that an animal can be removed and taken into possession.

A
  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
Q

Under what circumstance can an animal be taken by the 4 types of authorised persons?

A

If a vet certifies that the animal is suffering

86
Q

What is the protocol if an animal needs to be removed in an emergency?

A

In an emergency, the authorised person can remove the animal without waiting for a vet, including dependant animals

87
Q

Name the new act that updates the AHWA of 2006

A

The Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act 2020

88
Q

What does the Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act 2020 introduce?

A

Trial by Indictment

89
Q

What does the Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act of 2020 increase?

A

Maximum avaliable penalties for the most serious welfare + wildlife crime offences

90
Q

What 2 maximum penalties have been introduced, in accordance with the Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act of 2020?

A
  1. Up to 5 years imprisonment
  2. Unlimited fine
91
Q

What are the 3 the things the Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act of 2020 provide?

A
  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
Q
A
93
Q

How does social media influence owners when acquiring + sourcing new pets?

A
  • 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
Q

Give a few examples of where dog’s welfare has been compromised due to the result of selective breeding

A
  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
  2. Spinal disease
    * Due to overbreeding
    * Selective traits of longer spines
    * Effects ability to carry out normal functions
    * Causes pain + suffering
  3. Seizures
  4. Rare genetic disorders
  5. Limb disorders
95
Q

What welfare implications do puppy farms + poor practice have on breeding dogs?

A
  1. Breaches 5 freedoms due to:
  2. Inadequate hoursing
  3. Lack or no veterinary or preventative care
  4. Leads to poor health
  5. Multiple clinical confitions
  6. Lack of socialisation
  7. Lack of handling - impacts behaviour
96
Q

What is Contractarianism in regards to animal welfare?

A

Asserts that only individuals who comprehend + embrace a contract can have moral rights

97
Q

What is Utilitarianism in regards to animal welfare?

A

Based on the principle of equal consideration, given to all species

98
Q

What is Humanism in regards to animal welfare?

A
  • Also known as speciesism
  • Human beings are alone in deserving moral consideration, regardless of intelligence or ability whereas animals do not
99
Q

When referring to the term ‘Welfare’, what 3 concepts are we reffering to?

A

Aspects of health, such as:
1. Physical health
1. Mental health
1. State of well-being

100
Q

True or False.

Both health + welfare can be measuered on a scale/continuum from negative to positive.

A

True

101
Q

True or False.

Health + Welfare can improve or detoriate over time, along the scale.

A

True

102
Q

True or False.

Health + welfare are intertwined, which is why when reffering to an animal’s welfare, we are often reffering to its health.

A

True

103
Q
A

Welfare & Behaviour Yr1 (12 decks)

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