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Animals (Volume 2 (2023))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

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Animals (Volume 2 (2023))

Consultant Editor

Stop Press: Animals (Low-Welfare Activities Abroad) Act 2023

1. Animal Law: Scope and Framework

1. Legislation relating to animals.

3. The Secretary of State.

2. Relevance of EU law after Brexit.

4. Local authorities.

5. Animal Sentience Committee.

2. Animals as the Subject of Property

6. Meaning of 'domestic animals'.

7. Absolute property in domestic animals.

8. Meaning of 'wild animals'.

9. No absolute property in wild animals.

10. Qualified property per industriam.

11. Qualified property ratione impotentiae et loci.

12. Qualified property ratione soli and ratione privilegii.

13. Absolute property in dead wild animals.

14. Wild animals killed by trespasser.

15. Meaning of 'game'.

16. Rights over game.

17. Right of property in eggs of game birds.

18. Animals deemed to be property of the Crown.

19. Nature of contract of agistment.

20. Liability of agister.

21. Rights of agister.

22. Restrictions on keeping of animals.

23. Business to business purchases of animals.

24. Business to consumer purchases of animals.

25. No implied guarantee of quality of animals sold.

26. No liability under warranty for patent defects.

27. Warranty given by agent.

28. Nature and extent of express warranty.

29. What amounts to unsoundness.

30. Warranty relating to future.

31. Notice to seller of breach.

32. Return of animal.

33. Misleading practices.

34. Effect of innocent misrepresentation.

35. Effect of fraud.

36. Domestic animals as subjects of theft.

37. Wild animals as subjects of theft.

38. Advertising rewards for return of animals.

39. Theft offences triable summarily.

40. Killing or injuring animals.

41. Threats to kill or injure animals.

42. Lawful excuse.

43. Compensation for offence of killing or damaging an animal.

44. Civil liability for the shooting of domestic animals.

45. Killing or taking animals in course of trespass.

46. Mitigating nuisance by doves, pigeons etc.

3. Liability of Owners and Keepers of Animals

47. Strict liability under the Animals Act 1971: overview.

48. Keepers.

49. Liability for dangerous animals.

50. Liability for non-dangerous animals: overview.

51. Likelihood of damage or its severity.

52. Characteristics not normally found in animals of the same species.

53. Necessity for knowledge.

54. Exceptions from liability for injuries caused by animals.

55. Negligence.

56. Damage caused by infected animals.

57. Liability for trespassing animals under the Animals Act 1971.

58. Damage by reclaimed animals.

59. Trespass and straying on highway.

60. Liability for trespassing livestock.

61. Liability for damage and expenses due to horses on land without lawful authority.

62. Trespass of livestock from the highway.

63. No trespass by wild animals.

64. Right to detain trespassing livestock.

65. Right to detain horses on land without lawful authority.

66. Right to sell detained livestock.

67. Unlawful release of impounded animals.

68. Nuisance.

4. Game Rights

69. Rights of owner-occupier.

70. Rights of non-occupying owner.

71. Reservation by lessor of game rights.

72. Effect of reservation of game rights.

73. Shooting ground game at night.

74. Shooting tenant's rights.

75. Alterations to land affecting shooting rights.

76. Agricultural tenant's rights generally.

77. Agricultural tenant's rights where sporting rights reserved.

78. Rights over ground game.

79. Sublessee's rights.

80. Occupier's rights over moorland.

81. Who may exercise right.

82. Compensation for damage by game.

83. Nature of right.

84. Lord of the manor.

85. Infringements of private rights over game are in the nature of trespass.

86. Trespass on the highway.

87. Injury to game rights without entry on land.

88. Killing or injuring dogs.

89. Dog spears and traps.

90. Barbed wire.

91. Criminal proceedings for poaching by day.

92. Offence of poaching by day.

93. Poaching by day in company.

94. Defences.

95. Leave and licence.

96. Claim of right.

97. Offences concerned with trespassing to pursue hares with dogs.

98. Offence of poaching by night.

99. Arrest of night poacher.

100. Assault by night poacher.

101. Powers of arrest.

102. Powers of search and seizure.

103. Forfeiture of vehicle on conviction of poaching in company.

104. Offences concerned with trespassing to pursue hares with dogs.

105. Regulation of proceedings.

106. Persons who can apply for a summons.

107. Irregularity in information or summons.

108. Recovery Orders.

109. Disqualification orders on conviction for certain offences involving dogs.

110. Seizure and disposal of dogs in connection with disqualification orders.

111. Termination of disqualification order.

112. Disqualification orders: appeals.

113. Forfeiture and disposal of seized game, guns and other articles.

114. Theft of game and eggs.

115. Use of spring guns and mantraps.

116. Sundays and Christmas Day.

117. Close season.

118. Restrictions on purchase and sale.

119. Close season for hares and rabbits.

120. Appointment of gamekeepers.

121. Gamekeepers in manors.

122. Registration.

123. Powers as to daytime poaching.

124. Powers as to night poaching.

125. Powers of arrest.

126. Right to protect employer's property.

127. Killing of gamekeepers.

128. Obligations of persons selling game.

5. Animal Welfare and Protection from Cruelty

129. Animal welfare legislation.

130. Protection of animal and bird life generally.

131. Disqualification from dealings with animals.

132. Duty to ensure the welfare of animals.

133. Codes of practice.

134. Inspectors.

135. Exemptions from the Animal Welfare Act 2006.

136. Application to the Crown.

137. Animals by way of sale or prize to persons under 16.

138. Regulations to promote welfare.

139. Licensing or registration of activities involving animals.

140. Regulations as to licensing of activities involving animals.

141. Regulations as to registration of activities involving animals.

142. Inspection of records.

143. Inspection in connection with licences.

144. Intention and cruelty.

145. Causing or permitting cruelty.

146. Causing unnecessary suffering.

147. Mutilation.

148. Offences relating to animal fights.

149. Seizure of animals involved in fighting offences.

150. Powers in relation to animals in distress.

151. Power of entry.

152. Orders in relation to animals taken into possession.

153. Appeals against orders in relation to animals taken into possession.

154. Prosecutions.

155. Power to stop and detain vehicles.

156. Power to stop and detain vessels, aircraft and hovercraft.

157. Obtaining of documents in connection with carrying out orders etc.

158. Entry, search under warrant and power of arrest.

159. In general.

160. Deprivation of ownership of animal.

161. Disqualification from owning or keeping animals, etc.

159A. Animals penalty notice

162. Seizure of animals in connection with disqualification.

163. Destruction in interests of animal.

164. Powers in relation to fighting offences.

165. Forfeiture of equipment used in offences.

166. Orders pending appeal.

167. Orders with respect to licences.

168. Termination of disqualification.

169. Orders for reimbursement of expenses.

170. Farriery.

171. Administration of poisons or injurious drugs or substances.

172. Poisoned grain and bait.

173. Spreading of myxomatosis.

174. Welfare of farm animals.

175. Inspection of farm premises.

176. Prohibition on fur farming.

177. Controls on importing and exporting fur.

178. Transport of animals and prevention of suffering.

179. Welfare of animals in transit.

180. Cleansing and disinfection.

181. Markets and animal gatherings.

182. Slaughter generally.

183. Performing animals.

184. Films and videos involving animal cruelty.

185. Protection of animals undergoing experiments or other scientific procedures.

186. Regulated procedures.

187. Principles of replacement, reduction and refinement.

188. Alternative strategies.

189. Prohibition of unlicensed undertakings.

190. Prohibition of unlicensed procedures.

191. Licensing of undertakings.

192. Conditions in licences authorising undertakings.

193. Applying for a personal licence.

194. Personal licence conditions.

195. Applying for a project licence.

196. Determining a project licence application.

197. Granting a project licence.

198. Duration of a project licence.

199. Retrospective assessment of programme of work.

200. Project licence conditions.

201. Offences committed when acting in contravention of a project licence.

202. Failure to comply with licence conditions.

203. Right to make representations when faced with revocation or suspension of licence.

204. Suspension in cases of urgency.

205. Re-use of protected animals and sharing of organs and tissues.

206. Killing animals at conclusion of regulated procedures.

207. Manner in which protected animals are to be killed.

208. Prohibition of public displays.

209. Use of neuromuscular blocking agents.

210. Setting free and re-homing protected animals.

211. Killing of animals undergoing excessive suffering.

212. Inspectors.

213. The Animals in Science Committee.

214. Guidance and codes of practice.

215. False statements to obtain licences or certificates.

216. Protection of confidential information.

217. Powers of search and prosecution.

218. Effect of evidence of failure to comply with code.

6. Dogs

219. Docking of dogs' tails.

220. Microchipping of dogs.

221. Dog registration scheme.

222. Disqualification from keeping dog.

223. Trespass by dog.

224. Restrictions on taking dogs onto access land.

225. Orders for regulation and control of dogs.

226. Public spaces protection orders.

227. Wearing of collars.

228. Worrying of cattle, sheep and poultry.

229. Assistance dogs.

230. Control of dogs on roads.

231. Dangerous dogs not under control.

232. Offences relating to unmuzzled ferocious dogs.

233. Offences relating to the breeding, selling, advertising, etc of ferocious dogs.

234. Offences relating to the possession or custody of ferocious dogs.

235. Dangerously out of control dogs.

236. Other specially dangerous dogs.

237. Destruction and disqualification orders.

238. Contingent destruction orders.

239. Destruction orders otherwise than on a conviction.

240. Control of guard dogs.

241. Licence to keep a guard dog.

242. Guard dog kennel licences.

243. Appeals.

244. Offences, penalties and civil liability.

245. Civil liability for injuries to human beings.

246. Civil liability for injury to livestock.

247. Exceptions to liability.

248. Worrying livestock on agricultural land.

249. Seizure and detention of stray dogs by local authorities.

250. Duty of finder of stray dog.

251. Killing or injuring another's dog.

252. Protection of property other than livestock.

253. Baiting or trapping dogs.

254. Licensing of breeding establishments for dogs.

7. Animal Establishments

255. Sale and licensing.

256. Boarding dogs and cats.

257. Licensing of riding establishments.

8. Keeping Wild Animals

258. Keeping dangerous wild animals: general.

259. Licences for keeping dangerous wild animals.

260. Wild animals and circuses

261. Licences.

262. Conservation measures for zoos.

263. Power of Secretary of State to specify standards.

264. Inspections.

265. Exemptions and special cases.

266. Alteration of licences.

267. Enforcement of licence conditions.

268. Appeals.

269. Mandatory zoo closure directions for licensed zoos.

270. Discretionary zoo closure directions for licensed zoos.

271. Zoo closure directions for zoos without licences.

272. Welfare of animals following closure of zoos.

273. Power of authority to dispose of animals.

274. Powers of entry.

275. Appeals.

276. Offences and penalties.

9. Animal Conservation

277. Species control agreements and species control orders.

278. Destructive imported animals.

279. Invasive alien species.

280. Offence of releasing certain species of wild animal.

281. Offences relating to sale of certain species of wild animal.

282. Codes of practice.

283. Scope of Convention on International Trade in Endangered Species (CITES).

284. Introduction of endangered species into Great Britain.

285. Export and re-export from Great Britain.

286. Control of commercial activities.

287. Movement of live specimens.

288. Enforcement in Great Britain.

289. Restrictions on import and export of endangered species.

290. Licences for import or export.

291. Power to restrict places of importation.

292. Power to restrict movement of animals after importation.

293. Powers of HM Commissioners for Revenue and Customs.

294. Sale, etc, of endangered species or things made from endangered species.

295. Prohibition on dealing in ivory: exemption for valuable and important pre-1918 items

296. Further exemptions

297. Criminal and civil sanctions

298. Powers of entry and search

299. Powers of examination and seizure

300. Retention and disposal or return of items

301. Conservation of Antarctica Fauna.

10. Protection of Wild Animals

302. Offences protecting certain wild animals.

303. Exceptions to offences under the Wildlife and Countryside Act 1981.

304. Licences.

305. Powers of constables and justices of the peace.

306. Powers of wildlife inspectors.

307. Taking of samples by constable.

308. Proceedings and penalties.

309. Administration generally.

310. Protection of wild mammals.

311. Offences protecting European protected species.

312. Defences.

313. Licences.

314. Powers of constables and justices of the peace.

315. Powers of wildlife inspectors.

316. Taking, injuring or killing badgers or interfering with badger setts.

317. Possession of badgers.

318. Cruelty to badgers.

319. Marking and ringing.

320. Exceptions; licences.

321. Enforcement, proceedings and penalties.

322. Protection of wild birds generally.

323. Close seasons.

324. Exceptions to general prohibition.

325. Creation of areas of special protection.

326. Defences.

327. Special protection outside close seasons.

328. Prohibited methods of killing or taking wild birds.

329. Exceptions to unlawful methods of killing or taking wild birds.

330. Possession of eggs of game.

331. The scheduled wild birds.

332. Shooting with lead shot.

333. Captive birds; decoys.

334. Power to grant licences.

335. Sale of wild birds and their eggs.

336. Protection of captive birds.

337. Registration of captive birds.

338. Close seasons and times for deer.

339. Poaching of deer.

340. Prohibited weapons and other articles.

341. Prohibition on use of vehicles.

342. Dealing in venison from deer unlawfully taken or killed.

343. Attempts to commit offences.

344. Powers of search and seizure.

345. Proceedings, penalties and forfeiture.

346. Application of domestic whaling and sealing legislation.

347. International whaling conventions.

348. The Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas.

349. Property of whales.

350. Whaling statutes and subordinate legislation.

351. Territorial scope of domestic whaling legislation.

352. Prohibition on taking whales within United Kingdom waters.

353. Protection of certain classes of whales.

354. Permits to take and treat whales for scientific purposes.

355. Licensing of whaling ships and whale-oil factories.

356. Legal proceedings under the Whaling Industry (Regulation) Act 1934.

357. Introduction.

358. Protection of grey seals and common seals.

359. General exceptions to the legislation protecting seals.

360. Licences to kill or take seals.

361. Authority to enter land for the purposes of obtaining information or preventing damage to fisheries by seals.

362. Offences, penalties and proceedings under the Conservation of Seals Act 1970.

363. Selling seal products.

364. Introduction.

366. Prohibited trapping and killing of certain wild animals.

365. Prohibited trapping of any wild animal.

368. Restriction on types of spring trap; inspection.

367. Snares.

369. Open trapping of hares and rabbits.

370. Glue trapping of rodents.

371. Leghold traps.

372. Introduction.

373. Offence of hunting with dogs and hare coursing.

374. Exemptions: stalking and flushing out.

375. Exemptions: rats, rabbits, retrieval of hares and falconry.

376. Exemptions: recovery and rescue of wild mammals.

377. Exemptions: research and observation.

378. Arrest, search and seizure.

379. Forfeiture.

11. Animal Health

380. Statutory provisions.

381. Meaning of 'animals'.

382. Meaning of 'disease'.

383. Expenditure for eradication.

384. Eradication areas.

385. Control of zoonoses.

386. Animal pathogens.

387. Biosecurity.

388. National contingency plan against the outbreak of disease.

389. Deliberate infection.

390. Notice of disease.

391. Information as to diseased animals.

392. Separation and treatment.

393. Cleansing and disinfection.

394. Dipping against sheep scab.

395. Rabies: importation and quarantine.

396. Rabies: control.

397. Powers of entry and search in respect of rabies offences.

398. Biosecurity.

399. National contingency plan against the outbreak of disease.

400. Slaughter of susceptible animals.

401. Slaughter of affected animals.

402. Vaccination.

403. Slaughter of vaccinated animals.

404. Tests and samples: power of entry.

405. General provision as to foot-and-mouth disease.

406. Deliberate infection.

407. African Horse Sickness.

408. Bluetongue.

409. Transmissible spongiform encephalopathies.

410. Infected places and areas generally.

411. Infected places.

412. Infected and controlled areas.

413. Diseased animals at market, in transit or on open land.

414. Non-commercial movement of pets.

415. Movement of animals generally.

416. Movement of diseased or suspected animals.

417. Issue of equine identification documents.

418. Cattle databases and identification.

419. Import of animals: general powers.

420. Annual review of import controls.

421. Trade in animals and related products.

422. Controls on import of ruminating animals, swine and elephants.

423. Landing of docked horses.

424. Regulation of exports.

425. Horses, asses, mules and ponies.

426. Slaughter of animals.

427. Slaughter of vaccinated animals.

428. Slaughter: power of entry.

429. Compensation for slaughter.

430. Seizure of things likely to spread disease.

431. Disposal of carcases.

432. Functions of police.

433. Functions and general powers of inspectors.

434. Tests and samples: power of entry.

435. Offences, proceedings and penalties: general.

436. Offences as to licences.

437. General offences against the Animal Health Act 1981.

438. Penalties for offences.

439. Application of Animal Health Act 1981 to poultry.

440. Meaning of 'poultry' and 'disease'.

441. Eradication and control of disease.

442. Avian influenza.

443. Notice of disease; separation.

444. Infected places and areas.

445. Slaughter.

446. Import and export of poultry and eggs.

447. Functions of inspectors.

448. Breeding flocks and hatcheries.

449. General powers.

450. Importation of bees.

451. Control of bee diseases.

452. Orders of the Secretary of State.

453. Licences.

454. Revocation of orders.

455. Stamp duty.

456. Fees.

457. Responsible local authorities.

458. Appointment of local authority inspectors.

459. Local authority regulations.

460. Provision of wharves and other places; acquisition of land.

461. Carcases washed ashore.

12. Veterinary Surgeons and Surgery

462. Introduction.

463. Membership and functions of the Royal College of Veterinary Surgeons.

464. Functions relating to cruelty to animals and similar matters.

465. Restriction on practice by unqualified persons.

466. Use of descriptions as to professional status.

467. Liability for negligence and breach of warranty.

468. Veterinary medicinal products.

469. The register of veterinary surgeons.

470. The supplementary veterinary register.

471. Publication of the registers.

472. Qualifications for the register.

473. Holders of Irish veterinary degrees.

474. Commonwealth and foreign practitioners.

475. Temporary registration.

476. Procedure for registration.

477. Regulations with respect to the register.

478. Abbreviations of qualifications granted abroad.

479. Removal of name on death or ceasing to practise.

480. Incorrect and fraudulent entries.

481. The College.

482. The council of the college.

483. Control by the Privy Council.

484. Grounds for removal from the registers or suspension.

485. The preliminary investigation committee.

486. The disciplinary committee.

487. Disciplinary rules.

488. Legal assessor.

489. Notice of inquiry.

490. Evidence and disclosure of documents.

491. Legal representation.

492. The hearing.

493. The case against the respondent.

494. The case for the respondent and the right of reply.

495. Witnesses and evidence.

496. Record of proceedings.

497. Decision of the committee.

498. Voting.

499. Procedure where charges are established.

500. Procedure on postponement of judgment.

501. Appeals.

502. Restoration to the registers.

503–600. When directions of disciplinary committee take effect.