Animal Health & Welfare Act Amendment Consultation 2019

Closed 26 Apr 2019

Opened 1 Feb 2019

Contact

animalhealth&welfareconsultation2019@gov.scot

Feedback updated 7 Feb 2023

We asked

We sought views on proposals to make the following amendments to the ‘Animal Health and Welfare (Scotland) Act 2006’; increase maximum penalties, speed up process for making permanent arrangements for seized animals and giving powers for Fixed Penalty Notices. The consultation opened on the 1 February and closed 26 April 2019.

You said

The consultation received 4,595 responses from a range of individuals, groups, organisations and local authorities. The main points found;

99.4% agreed the maximum penalties should be strengthened.

96.9% agreed the maximum prison sentence should be increased from 12 months to five years for section 19 (unnecessary suffering) and section 23 (animal fighting).

94.1% agreed there should be no upper limit on fines for offences under section 19 (unnecessary suffering) and section 23 (animal fighting).

91.6% agreed there is a need to speed up the process of making permanent arrangements for animals taken into possession under section 32 of the Act.

We did

The views given on the proposed amendments have been taken forward to implement the proposed changes to the Animal Health & Welfare (Scotland) Act 2006, which were put in place by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020.

 

The responses have been analysed and the analysis report is available on the Scottish Government website here Animal Health and Welfare (Scotland) Act 2006: analysis of consultation responses - gov.scot (www.gov.scot)’

Results updated 8 Feb 2023

Animal Health and Welfare (Scotland) Act 2006 - Analysis of responses to our consultation on proposals to increase maximum penalties, speed up process for making permanent arrangements for seized animals and giving power for Fixed Penalty Notices.

Links:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

Seeking views on proposals to strengthen the enforcement of animal welfare legislation by;

  • increasing the maximum available penalties for certain animal cruelty offences (including offences involving attacks on service animals);
  • enabling secondary legislation to be made that will allow Fixed Penalty Notices to be used in relation to lesser animal welfare offences; and
  • making it easier for approved bodies to quickly make the best arrangements for animals after they have been taken into possession to protect their welfare.

Why your views matter

To formally establish if there is stakeholder support for these proposals to strengthen the enforcement powers of the Animal Health & Welfare (Scotland) Act 2006.
 
Furthermore we are seeking expert views from key stakeholders and enforcement agencies about how these new arrangements could work in practice.
 
It's hoped expert stakeholders involved in the enforcement of the Act can explain in detail why these Programme for Government commitments could simplify and improve the enforcement of the Animal Health & Welfare (Scotland) Act 2006, and will provide us with practical examples and suggestions of how these new arrangements should work.
 

What happens next

Results will be processed and published. Thereafter the responses will be used to inform instructions to legal colleagues to implement the proposed changes to the Animal Health & Welfare (Scotland) Act 2006, and subsequent secondary legislation.

Interests

  • Economy
  • Environment and Climate Change
  • Farming and Rural