4 Unnecessary suffering

(1) A person commits an offence if—

(a) an act of his, or a failure of his to act, causes an animal to suffer,
(b) he knew, or ought reasonably to have known, that the act, or failure to act, would have
that effect or be likely to do so,
(c) the animal is a protected animal, and (d) the suffering is unnecessary.

(2) A person commits an offence if—

(a) he is responsible for an animal,
(b) an act, or failure to act, of another person causes the animal to suffer,
(c) he permitted that to happen or failed to take such steps (whether by way of supervising the
other person or otherwise) as were reasonable in all the circumstances to prevent that
happening, and
(d) the suffering is unnecessary.

(3) The considerations to which it is relevant to have regard when determining for the purposes
of this section whether suffering is unnecessary include—

(a) whether the suffering could reasonably have been avoided or reduced;
(b) whether the conduct which caused the suffering was in compliance with any relevant
enactment or any relevant provisions of a licence or
code of practice issued under an enactment;
(c) whether the conduct which caused the suffering was for a legitimate purpose, such as—
-(i) the purpose of benefiting the animal, or
-(ii) the purpose of protecting a person, property or another animal;
(d) whether the suffering was proportionate to the purpose of the conduct concerned;
(e) whether the conduct concerned was in all the circumstances that of a reasonably competent
and humane person.

(4) Nothing in this section applies to the destruction of an animal in an appropriate and
humane manner.

5 Mutilation

(1) A person commits an offence if—
(a) he carries out a prohibited procedure on a protected animal;
(b) he causes such a procedure to be carried out on such an animal.

(2) A person commits an offence if—
(a) he is responsible for an animal,
(b) another person carries out a prohibited procedure on the animal, and
(c) he permitted that to happen or failed to take such steps (whether by way of supervising the
other person or otherwise) as were reasonable in all the circumstances to prevent that
happening.

(3) References in this section to the carrying out of a prohibited procedure on an animal are
to the carrying out of a procedure which involves interference with the sensitive tissues or
bone structure of the animal, otherwise than for the purpose of its medical treatment.

(4) Subsections (1) and (2) do not apply in such circumstances as the appropriate national
authority may specify by regulations.

(5) Before making regulations under subsection (4), the appropriate national authority shall
consult such persons appearing to the authority to represent any interests concerned as the
authority considers appropriate.

(6) Nothing in this section applies to the removal of the whole or any part of a dog’s tail.

6 Docking of dogs’ tails

(1) A person commits an offence if—
(a) he removes the whole or any part of a dog’s tail, otherwise than for the
purpose of its medical treatment;
(b) he causes the whole or any part of a dog’s tail to be removed by another person,
otherwise than for the purpose of its medical treatment.

(2) A person commits an offence if—
(a) he is responsible for a dog,
(b) another person removes the whole or any part of the dog’s tail, otherwise than for the
purpose of its medical treatment, and
(c) he permitted that to happen or failed to take such steps (whether by way of supervising the
other person or otherwise) as were reasonable in all the circumstances to prevent that
happening.

(3) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more
than 5 days old.

(4) For the purposes of subsection (3), a dog is a certified working dog if a veterinary
surgeon has certified, in accordance with regulations made by the appropriate national
authority, that the first and second conditions mentioned below are met.

(5) The first condition referred to in subsection (4) is that there has been produced to the
veterinary surgeon such evidence as the appropriate national authority may by regulations
require for the purpose of showing that the dog is likely to be used for work in connection
with—
(a) law enforcement, (b) activities of Her Majesty’s armed forces,
(c) emergency rescue, (d) lawful pest control, or
(e) the lawful shooting of animals.

(6) The second condition referred to in subsection (4) is that the dog is of a type specified
for the purposes of this subsection by regulations made by the appropriate national authority.

(7) It is a defence for a person accused of an offence under subsection (1) or (2) to show that
he reasonably believed that the dog was one in relation to which subsection (3) applies.

(8) A person commits an offence if— (a) he owns a subsection (3) dog, and (b) fails to take
reasonable steps to secure that, before the dog is 3 months
old, it is identified as a subsection (3) dog in accordance with regulations made by the
appropriate national authority.

(9) A person commits an offence if—
(a) he shows a dog at an event to which members of the public are admitted on payment of a
fee,
(b) the dog’s tail has been wholly or partly removed (in England and Wales or elsewhere),
and
(c) removal took place on or after the commencement day.

(10) Where a dog is shown only for the purpose of demonstrating its working ability, subsection
(9) does not apply if the dog is a subsection (3) dog.

(11) It is a defence for a person accused of an offence under subsection (9) to show that he
reasonably believed—
(a) that the event was not one to which members of the public were admitted on payment of an
entrance fee,
(b) that the removal took place before the commencement day, or (c) that the dog was one in
relation to which subsection (10) applies.

(12) A person commits an offence if he knowingly gives false information to a veterinary
surgeon in connection with the giving of a certificate for the purposes of this section.

(13) The appropriate national authority may by regulations make provision about the functions
of inspectors in relation to—
(a) certificates for the purposes of this section, and
(b) the identification of dogs as subsection (3) dogs.

(14) Power to make regulations under this section includes power—
(a) to make different provision for different cases, and
(b) to make incidental, supplementary, consequential or transitional provision or savings.

(15) Before making regulations under this section, the appropriate national authority shall
consult such persons appearing to the authority to represent any interests concerned as the
authority considers appropriate.

(16) In this section—
“commencement day” means the day on which this section comes into force;
“subsection (3) dog” means a dog whose tail has, on or after the commencement day, been
wholly or partly removed without contravening subsection (1), because of the application of
subsection (3).

7 Administration of poisons etc.

(1) A person commits an offence if, without lawful authority or reasonable excuse, he—
(a) administers any poisonous or injurious drug or substance to a protected animal, knowing it
to be poisonous or injurious, or
(b) causes any poisonous or injurious drug or substance to be taken by a protected animal,
knowing it to be poisonous or injurious.

(2) A person commits an offence if—
(a) he is responsible for an animal,
(b) without lawful authority or reasonable excuse, another person administers a poisonous or
injurious drug or substance to the animal or causes the animal to take such a drug or substance,
and
(c) he permitted that to happen or, knowing the drug or substance to be poisonous or injurious,
he failed to take such steps (whether by way of supervising the other person or otherwise) as
were reasonable in all the circumstances to prevent that happening.

(3) In this section, references to a poisonous or injurious drug or substance include a drug or
substance which, by virtue of the quantity or manner in which it is administered or taken, has
the effect of a poisonous or injurious drug or substance.

8 Fighting etc.

(1) A person commits an offence if he—
(a) causes an animal fight to take place, or attempts to do so;
(b) knowingly receives money for admission to an animal fight;
(c) knowingly publicises a proposed animal fight;
(d) provides information about an animal fight to another with the intention of enabling or
encouraging attendance at the fight;
(e) makes or accepts a bet on the outcome of an animal fight or on the likelihood of anything
occurring or not occurring in the course of an animal fight;
(f) takes part in an animal fight;
(g) has in his possession anything designed or adapted for use in connection with an animal
fight with the intention of its being so used; (h) keeps or trains an animal for use for in
connection with an animal fight;
(i) keeps any premises for use for an animal fight.

(2) A person commits an offence if, without lawful authority or reasonable excuse, he is
present at an animal fight.

(3) A person commits an offence if, without lawful authority or reasonable excuse, he—
(a) knowingly supplies a video recording of an animal fight, (b) knowingly publishes a video
recording of an animal fight,
(c) knowingly shows a video recording of an animal fight to another, or (d) possesses a video
recording of an animal fight, knowing it to be such a
recording, with the intention of supplying it.

(4) Subsection (3) does not apply if the video recording is of an animal fight that took
place—
(a) outside Great Britain, or (b) before the commencement date.

(5) Subsection (3) does not apply—
(a) in the case of paragraph (a), to the supply of a video recording for inclusion in a
programme service;
(b) in the case of paragraph (b) or (c), to the publication or showing of a video recording by
means of its inclusion in a programme service;
(c) in the case of paragraph (d), by virtue of intention to supply for inclusion in a programme
service.

(6) Provision extending the application of an offence under subsection (3), so far as relating
to the provision of information society services, may be made under section 2(2) of the European
Communities Act 1972 (c.68) (powers to implement Community obligations by regulations)
notwithstanding the limits imposed by paragraph 1(1)(d) of Schedule 2 to that Act on the
penalties with which an offence may be punishable on summary conviction.

(7) In this section—
“animal fight” means an occasion on which a protected animal is placed with an animal, or
with a human, for the purpose of fighting, wrestling or baiting;
‘“commencement date” means the date on which subsection (3) comes into force;
“information society services” has the meaning given in Article 2(a) of Directive
2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects
of information society services, in particular electronic commerce in the Internal Market
(Directive on electronic commerce);
“programme service” has the same meaning as in the Communications Act 2003 (c. 21);
“video recording” means a recording, in any form, from which a moving image may by any
means be reproduced and includes data stored on a computer disc or by other electronic means
which is capable of conversion into a moving image.

(8) In this section—
(a) references to supplying or publishing a video recording are to supplying or publishing a
video recording in any manner, including, in relation to a video recording in the form of data
stored electronically, by means of transmitting such data;
(b) references to showing a video recording are to showing a moving image reproduced from a
video recording by any means.