Welfare of Animals Act 2006

Seizure of Horses when Welfare Issues Arise.

The Welfare of Animals Act 2006 is a Non-Statutory Act which places no obligations on Local Authorities to enforce the provisions of the Act. 

Powers (including seizure of animals) contained within the act are only granted to Local Authority Animal Health and Welfare Inspectors, Police Officers and any other person appointed by th Minister.

Section 18 - of the act deals with taking into care animals with welfare issues.

Sec 18- (5) An Inspector or Constable may take into possession a Protected Animal if a Veterinary Surgeon certifies

a) That the animal is suffering 

b) that it is likely to suffer if its circumstances do not change.

Sec 18- (6) An Inspector or Constable may take an animal without Veterinary certificate if it is not practicable to wait      for  a Veterinay Surgeon

Sec 18-  (8) Where an animal is taken into possession an Inspector or Constable may -

a) Remove or arrange the removal of the animal

b) care for it or arrangefor it to be cared for. On the premises where it is or at such a place as he thinks fit

Sec 18- (11)  If an Inspector or Constable acts under this Sec 18 of the Act other wise than with the knowledge of the person responsible he must as soon as reasonably practicable after exercising the power take steps to inform the person responsible for the exercise of the use of such powers.

Section 20-  Deals with action following the taking of an animal

Sec 20- (1)   A Magistrates Court may order any of the following in relation to an animal taken under Sec 18

 of the Act

 (a) that specific treatment be administered

 (b) possession to be given to a specified person

(c) The animal be sold

(d) the animal be disposed of otherwise than by sale

(e) the animal be destroyed

Sec 20 - (3) An application can be made to a Magistrate Court for an order under Sec 20 - (1) by

(a) The owner of the animal or

(b) Any other person appearing to the court having sufficient interest in the animal

Stated Definations Within the Act 

(a) Protected Animal - An animal is protected for the purpose of this act if -

(1) It is of a kind which is commonly domesticated in the British Islands.

(2) Is under the control of man whether on a permanent or temporary basis. Or

(3) It is not living in a wild state.

(b) The Animals to which the Act Applies

Any vertebrate other than man.

(c) Responsibility for Animals

(1) A person is responsible on a temporary or permanent basis

(2) Being in charge of an animal

(3) Owner

(4) A person who is responsible for animals to which a person under the age of 16 has care.

´╗┐These notes are not a definitive guide this can only be obtained by referring to the legislation or 

seeking legal advice.