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An Act to consolidate, amend, and extend certain enactments relating to Animals and to Knackers; and to make further provision with respect thereto |
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[18th August 1911]
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1 Offences of cruelty
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(1) If any person—
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(a) | shall cruelly
beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate,
or terrify any animal, or shall cause or procure, or, being the owner, permit
any animal to be so used, or shall, by wantonly or unreasonably doing or
omitting to do any act, or causing or procuring the commission or omission
of any act, cause any unnecessary suffering, or, being the owner, permit
any unnecessary suffering to be so caused to any animal; or
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(b) | shall convey
or carry, or cause or procure, or, being the owner, permit to be conveyed
or carried, any animal in such manner or position as to cause that animal
any unnecessary suffering; or
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(c) | shall cause,
procure, or assist at the fighting or baiting of any animal; or shall keep,
use, manage, or act or assist in the management of, any premises or place
for the purpose, or partly for the purpose of fighting or baiting any animal,
or shall permit any premises or place to be so kept, managed, or used, or
shall receive, or cause or procure any person to receive, money for the
admission of any person to such premises or place; or
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(d) | shall wilfully,
without any reasonable cause or excuse, administer, or cause or procure,
or being the owner permit, such administration of, any poisonous or injurious
drug or substance to any animal, or shall wilfully, without any reasonable
cause or excuse, cause any such substance to be taken by any animal; or
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(e) | shall subject,
or cause or procure, or being the owner permit, to be subjected, any animal
to any operation which is performed without due care and humanity; [or
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(f) | shall tether
any horse, ass or mule under such conditions or in such manner as to cause
that animal unnecessary suffering;]
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such person shall be guilty of
an offence of cruelty within the meaning of this Act, and [shall be liable
on summary conviction to imprisonment for a term not exceeding six months
or to a fine not exceeding level 5 on the standard scale, or both].
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(2) For the purposes
of this section, an owner shall be deemed to have permitted cruelty within
the meaning of this Act if he shall have failed to exercise reasonable care
and supervision in respect of the protection of the animal therefrom:
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(3) Nothing in
this section shall render illegal any act lawfully done under [the Animals
(Scientific Procedures) Act 1986], or shall apply—
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(a) | to the commission
or omission of any act in the course of the destruction, or the preparation
for destruction, of any animal as food for mankind, unless such destruction
or such preparation was accompanied by the infliction of unnecessary suffering;
or
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(b) | to the coursing
or hunting of any captive animal, unless such animal is liberated in an
injured, mutilated, or exhausted condition; but a captive animal shall not,
for the purposes of this section, be deemed to be coursed or hunted before
it is liberated for the purpose of being coursed or hunted, or after it
has been recaptured, or if it is under control, [and a captive animal shall
not be deemed to be coursed or hunted within the meaning of this subsection
if it is coursed or hunted in an enclosed space from which it has no reasonable
chance of escape].
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NOTES
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Sub-s (1): para (f) inserted by the Protection Against Cruel Tethering Act 1988, s 1; final words in square brackets substituted by the Protection of Animals (Penalties) Act 1987, s 1(1), except in relation to offences committed before 15 July 1987. Sub-s (3): first words in square brackets substituted by the Animals (Scientific Procedures) Act 1986, s 27(2), Sch 3, para 1; final words in square brackets inserted by the Protection of Animals (1911) Amendment Act 1921, s 1. |
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See Further |
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See further: the Animals (Scientific
Procedures) Act 1986, s 22.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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2 Power for court to order destruction
of animal
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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3 Power for court to deprive
person convicted of cruelty of ownership of animal
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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4 . . .
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Repealed by the Criminal Justice
Act 1972, ss 1(6), 64(2), Sch 6, Pt II.
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5 Compliance by knackers with
certain regulations
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(1) . . .
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(2) Any constable
shall have a right to enter any knacker’s yard at any hour by day, or at
any hour when business is or apparently is in progress or is usually carried
on therein, for the purpose of examining whether there is or has been any
contravention of or non-compliance with the provisions of this Act, and,
if any person refuses to permit any constable to enter any premises which
he is entitled to enter under this section, or obstructs or impedes him
in the execution of his duty under this section, he shall, upon summary
conviction, be liable to a fine not exceeding [level 1 on the standard scale].
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(3) For the purposes
of section one, which relates to offences of cruelty, of this Act, a knacker
shall be deemed to be the owner of any animal delivered to him.
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(4) For the purposes
of this Act, an animal shall be deemed to have been delivered to a knacker
if it has been delivered either to the knacker himself, or to any person
on his behalf, or at the knacker’s yard.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Sub-s (1): repealed by the Slaughter
of Animals (Amendment) Act 1954, ss 2(6), 11(1), 12(4), Sch 2, Part II.
Sub-s (2): maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 38, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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[5A Attendance at animal fights]
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Inserted by the Protection of Animals
(Amendment) Act 1988, s 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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[5B Advertising of animal fights]
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Inserted by the Protection of Animals
(Amendment) Act 1988, s 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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6 . . .
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Repealed by the Slaughter of Animals
(Amendment) Act 1954, ss 11(1), 12(4), Sch 2, Pt II.
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7 Animals in pounds
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(1) Any person
who impounds or confines, or causes to be impounded or confined, any animal
in any pound shall, while the animal is so impounded or confined, supply
it with a sufficient quantity of wholesome and suitable food and water,
and, if he fails to do so, he shall be liable upon summary conviction to
a fine not exceeding [level 1 on the standard scale].
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(2) If any animal
is impounded or confined in any pound and is without sufficient suitable
food or water for six successive hours, or longer, any person may enter
the pound for the purpose of supplying the animal therewith.
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(3) The reasonable
cost of the food and water supplied to any animal impounded or confined
in any pound shall be recoverable summarily from the owner of the animal
as a civil debt.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Sub-s (1): maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 38, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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8 Poisoned grain and flesh,
etc
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(a) | shall sell, or
offer or expose for sale, or give away, or cause or procure any person to
sell or offer or expose for sale or give away, or knowingly be a party to
the sale or offering or exposing for sale or giving away of any grain or
seed which has been rendered poisonous except for bona fide use in agriculture;
or
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(b) | shall knowingly
put or place, or cause or procure any person to put or place, or knowingly
be a party to the putting or placing, in or upon any land or building any
poison, or any fluid or edible matter (not being sown seed or grain) which
has been rendered poisonous,
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such person shall, upon summary
conviction, be liable to a fine not exceeding [level 4 on the standard scale]:
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Maximum fine increased and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 39(2), 46, Sch 3; proviso substituted by the Protection of Animals (Amendment) Act 1927, s 1. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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9 Use of dogs for purposes of
draught
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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10 Inspection of traps
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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11 Injured animals
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(1) If a police
constable finds any animal so diseased or so severely injured or in such
a physical condition that, in his opinion, having regard to the means available
for removing the animal, there is no possibility of removing it without
cruelty, he shall, if the owner is absent or refuses to consent to the destruction
of the animal, at once summon a duly registered veterinary surgeon, if any
such veterinary surgeon resides within a reasonable distance, and, if it
appears by the certificate of such veterinary surgeon that the animal is
mortally injured, or so severely injured, or so diseased, or in such physical
condition, that it is cruel to keep it alive, it shall be lawful for the
police constable, without the consent of the owner, to slaughter the animal,
or cause or procure it to be slaughtered, with such instruments or appliances,
and with such precautions, and in such manner, as to inflict as little suffering
as practicable, and, if the slaughter takes place on any public highway,
to remove the carcase or cause or procure it to be removed therefrom.
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(2) If any veterinary
surgeon summoned under this section certifies that the injured animal can
without cruelty be removed, it shall be the duty of the person in charge
of the animal to cause it forthwith to be removed with as little suffering
as possible, and, if that person fail so to do, the police constable may,
without the consent of that person, cause the animal forthwith to be so
removed.
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(3) Any expense
which may be reasonably incurred by any constable in carrying out the provisions
of this section (including the expenses of any veterinary surgeon summoned
by the constable, and whether the animal is slaughtered under this section
or not) may be recovered from the owner summarily as a civil debt, and,
subject thereto, any such expense shall be defrayed out of the fund from
which the expenses of the police are payable in the area in which the animal
is found.
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(4) For the purposes
of this section, the expression “animal” means any horse, mule, ass, bull,
sheep, goat, or pig.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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12 Powers of constables
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(1) A police constable
may apprehend without warrant any person who he has reason to believe is
guilty of an offence under this Act which is punishable by imprisonment
without the option of a fine, whether upon his own view thereof or upon
the complaint and information of any other person who shall declare his
name and place of abode to such constable.
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(2) Where a person
having charge of a vehicle or animal is apprehended by a police constable
for an offence under this Act, it shall be lawful for that or any other
constable to take charge of such vehicle or animal, and to deposit the same
in some place of safe custody until the termination of the proceedings or
until the court shall direct such vehicle or animal to be delivered to the
person charged or the owner, and the reasonable costs of such detention,
including the reasonable costs of veterinary treatment where such treatment
is required, shall, in the event of a conviction in respect of the said
animal, be recoverable from the owner summarily as a civil debt, or, where
the owner himself is convicted, shall be part of the costs of the case.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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13 Employers and owners to produce
drivers or animals if so required
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(1) Where proceedings
are instituted under this Act against the driver or conductor of any vehicle,
it shall be lawful for the court to issue a summons directed to the employer
of the driver or conductor, as the case may be, requiring him, if it is
in his power so to do, to produce the driver or conductor at the hearing
of the case.
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(2) Where proceedings
are instituted under this Act, it shall be lawful for the court to issue
a summons directed to the owner of the animal requiring him to produce either
at, or at any time before, the hearing of the case, as may be stated in
the summons, the animal for the inspection of the court, if such production
is possible without cruelty.
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(3) Where a summons
is issued under either of the foregoing subsections of this section, and
the owner or employer, as the case may be, fails to comply therewith without
satisfactory excuse, he shall be liable upon summary conviction to a fine
not exceeding five pounds for the first occasion, and not exceeding [level
1 on the standard scale], and may be required to pay the costs of any adjournment
rendered necessary by his failure.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Sub-s (3): maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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14 Appeals
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(1) An appeal
shall lie from any conviction or order (other than an order for the destruction
of an animal) by a court of summary jurisdiction under this Act to [the
Crown Court].
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(2) Where there
is an appeal by the owner of an animal from any conviction or order by a
court of summary jurisdiction under this Act, the court may [order him]
not to sell or part with the animal until the appeal is determined or abandoned,
and to produce it on the hearing of the appeal if such production is possible
without cruelty [and a person who fails to comply with an order under this
section without satisfactory excuse shall be liable on summary conviction
to a fine not exceeding [level 1 on the standard scale]].
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Repealed as to Northern Ireland
by the Welfare of Animals Act (Northern Ireland) 1972, s 31(1), Sch 2. Sub-s (1): words in square brackets substituted by the Courts Act 1971, s 56(2), Sch 9, Part I. Sub-s (2): first words in square brackets substituted and second words in square brackets inserted by the Criminal Justice Act 1948, ss 79, 82, Sch 9; maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982, ss 37, 46. |
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Extent |
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This Act does not extend to Scotland:
see s 16.
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15 Definitions
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(a) | the expression
“animal” means any domestic or captive animal;
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(b) | the expression
“domestic animal” means any horse, ass, mule, bull, sheep, pig, goat, dog,
cat, or fowl, or any other animal of whatsoever kind or species, and whether
a quadruped or not which is tame or which has been or is being sufficiently
tamed to serve some purpose for the use of man;
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(c) | the expression
“captive animal” means any animal (not being a domestic animal) of whatsoever
kind or species, and whether a quadruped or not, including any bird, fish,
or reptile, which is in captivity, or confinement, or which is maimed, pinioned,
or subjected to any appliance or contrivance for the purpose of hindering
or preventing its escape from captivity or confinement;
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(d) | the expression
“horse” includes any mare, gelding, pony, foal, colt, filly, or stallion;
and the expression “bull” includes any cow, bullock, heifer, calf, steer,
or ox, and the expression “sheep” includes any lamb, ewe, or ram; and the
expression “pig” includes any boar, hog, or sow; and the expression “goat”
includes a kid; and the expression “dog” includes any bitch, sapling, or
puppy; and the expression “cat” includes a kitten; and the expression “fowl”
includes any cock, hen, chicken, capon, turkey, goose, gander, duck, drake,
guineafowl, peacock, peahen, swan, or pigeon;
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(e) | the expression
“knacker” means a person whose trade or business it is to kill any cattle
not killed for the purpose of the flesh being used as butcher’s meat, and
the expression “knacker’s yard” means any building or place used for the
purpose, or partly for the purpose, of such trade or business, and the expression
“cattle” includes any horse, ass, mule, bull, sheep, goat, or pig;
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(f) | the expression
“pound”, used in relation to the impounding or confining of animals, includes
any receptacle of a like nature.
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NOTES
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Specified date Specified date: 1 January 1912. |
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Amendment |
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This section, except para (e),
was repealed as to Northern Ireland by the Welfare of Animals Act (Northern
Ireland) 1972, s 31(1), Sch 2.
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Extent |
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This Act does not extend to Scotland:
see s 16.
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16 Extent of Act
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Specified date Specified date: 1 January 1912. |
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Extent |
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This Act does not extend to Scotland:
see above.
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17 . . .
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Repealed by the Statute Law (Repeals)
Act 1976, s 1, Sch 1, Pt III.
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18 . . .
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Repealed by the Statute Law Revision
Act 1927.
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19 Short title
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(1), (2) . . .
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(3) This Act may
be cited as the Protection of Animals Act 1911.
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Specified date Specified date: 1 January 1912. |
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Amendment |
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Sub-ss (1), (2): repealed by the
Statute Law Revision Act 1927.
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Extent |
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This Act does not extend to Scotland: see s 16. |
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SCHEDULE
1
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Repealed by the Slaughter of Animals
(Amendment) Act 1954, ss 11(1), 12(4), Sch 2, Pt II.
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SCHEDULE
2
. . . |
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Repealed by the Statute Law Revision Act 1927. |
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