preface
This preface is not part of the code; instead, it explains the code's role and the broad considerations on which it is based. The legal references presented in the shaded text boxes throughout this document are not part of the code either, but serve to highlight the legal position. The text in these boxes reflects the law as it stands on the date that this code is published or reprinted (please turn to the back cover for this information). However, the references will usually paraphrase rather than quote, the law, in an attempt to offer clarity of meaning. For precise wording, you should consult the relevant legislation.
You should be aware that any of the legal requirements quoted here could change - and should check that these are an accurate statement of the law as it currently stands. (See the Appendix for a list of relevant legislation).
The Welfare of Farmed Animals (Scotland) Regulations 2000 (S.S.I. 2000 No. 442) Regulation 10, provides that: Any person who employs or engages a person to attend to animals must ensure that the person attending to the animals: (a) is acquainted with the provisions of all relevant statutory welfare codes relating to the animals being attended to; (b) has access to a copy of those codes while that person is attending to the animals; and (c) has received instruction and guidance on those codes. |
Any person who keeps animals, or who causes or knowingly permits animals to be kept, shall not attend to them unless that person has access to all relevant statutory welfare codes relating to the animals while that person is attending to them, and is acquainted with the provisions of those codes. |
In Regulation 2 it states that 'statutory welfare code' means a code for the time being issued under Section 3 of the Agriculture (Miscellaneous Provisions) Act 1968. |
To cause any animal unnecessary suffering is an offence under section 19 of the Animal Health and Welfare (Scotland) Act 2006. The breach of a code provision, whilst not an offence in itself, can nevertheless be used in evidence as tending to establish the guilt of anyone accused of causing unnecessary pain or distress under the Act (Section 37(9)). |
The Welfare of Farmed Animals (Scotland) Regulations 2000 (S.S.I. 2000 No. 442) Regulation 3(1) states that: owners and keepers of animals must take all reasonable steps: (a) to ensure the welfare of the animals under their care; and (b) to ensure that the animals are not caused any unnecessary pain, suffering or injury. |
The Welfare of Farmed Animals (Scotland) Regulations 2000 (S.S.I. 2000 No. 442) Regulation 3(3), states that: In deciding whether the conditions under which animals are being bred and kept comply with the requirements set out in Schedule 1, the owner and keeper of the animals must have regard to their species, and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge. |
The Welfare of Farmed Animals (Scotland) Regulations 2000 (S.S.I. 2000 No. 442) Regulation 11, states that: Where an authorised person considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury, or in any other way in contravention of any provision of these Regulations, the authorised person may serve a notice on whoever appears to be in charge of the animals requiring the peron appearing to be in charge within the period stated in the notice, to take any action that the authorised person considers to be reasonably necessary to ensure compliance with these Regulations and the authorised person shall give his reasons for requiring that action to be taken. |
The Welfare of Farmed Animals (Scotland) Regulations 2000 (S.S.I. 2000 No. 442) Regulation 13(2), states that: In any proceedings against an owner or keeper of animals for a failure to comply with Regulation 3(1) or 3(2) (as read with regulation 3(3)), the owner or keeper as the case may be, may rely on compliance with any relevant recommendation contained in a statutory welfare code as tending to establish compliance with the relevant regulation. |
The code aims to encourage all those who care for farm animals to follow the highest standards of husbandry. Without good stockmanship, animal welfare can never be properly protected. If stock-keepers follow this code, it will help them to meet the necessary welfare standards. No matter how acceptable a system may be in principle, without competent, diligent stockmanship, the welfare of the animals cannot be adequately catered for.
The welfare of cattle is considered within a framework that was developed by the Farm Animal Welfare Council and known as the 'Five Freedoms'. These form a logical basis for assessing animal welfare within any husbandry system, together with taking the action necessary to protect animal welfare within the limitations of an efficient livestock industry.
The Five Freedoms are:
1. Freedom from hunger and thirst
- by ready access to fresh water and a diet to maintain full health and vigour;
2. Freedom from discomfort
- by providing an appropriate environment including shelter and a comfortable resting area;
3. Freedom from pain, injury or disease
- by prevention or rapid diagnosis and treatment;
4. Freedom to express most normal behaviour
- by providing sufficient space, proper facilities and company of the animals' own kind;
5. Freedom from fear and distress
- by ensuring conditions and treatment which avoid mental suffering.
In taking account of these freedoms, those people who care for livestock should demonstrate:
- caring and responsible planning and management;
- skilled, knowledgeable and conscientious stockmanship;
- appropriate environmental design (for example, of the husbandry system);
- considerate handling and transport of animals; and
- humane slaughter.
Part 2 of the Animal Health and Welfare (Scotland) Act 2006 contains the general law relating to animal welfare. Broadly it is an offence (under section 19 of the Act) to be cruel to any domestic or captive animal by anything that is done or omitted to be done, and an offence (under section 24) to fail to take steps to ensure that the needs of an animal are met. |
Section 32 of the Act empowers an inspector or a police constable to take possession of an animal which is considered to be suffering or in danger of suffering. Section 34 gives the courts the power to make a disposal order for seized animals which can allow these animals to be sold, destroyed or disposed of in another manner. The reasonable costs involved, including veterinary treatment can be recovered from any proceeds from the sale of the animal. A disposal order can be made before a charge under the Act has been brought. |
Under section 40 of the Act a court has the power to disqualify a person convicted under the Act from owning, keeping, dealing in, transporting, taking possession or taking charge of animals. The ban can specify a particular kind of animal or all animals for such a period as the court thinks fit. |