Legislation
Legislation impacts the roles and responsibilities of a dog groomer on a daily basis, from ensuring the dogs welfare is maintained to safe disposal of rubbish, all aspects of the job are affected.
Regardless of the topic, all laws are structured in the same way. They start with a title and year and should always be referred to as the title and year i.e. Animal Welfare Act 2006. There is then a brief introduction stating the purpose of the act before the main body. The main body is split into sections, with each section focusing on a slightly different aspects. At the end of the act are additional schedules which detail where the legislation has been amended and updated or contains additional information.
All legislation is enforceable by the police and other government agencies i.e. local council inspectors, the Health and Safety Executive and the Food Standards Agency. In some situations other organisations can also be involved in law enforcement e.g. RSPCA. Penalties for failing to meet the requirements of a piece of legislation vary according to the legislation but can include fines and bans or prison sentences.
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What is a Code of Practice?
Codes of practice are not legislation, they are best practice guides or rules produced by the Government. They are written in easily understood language for use by the general public. They are enforceable under the relevant legislation. i.e. failure to follow the Code of Practice on dogs would be enforceable under the Animal Welfare Act 2006.
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Animal Welfare (England) Act 2006
The Animal Welfare Act 2006 was produced was designed to draw together a number of older pieces of legislation and to allow the enforcement agencies to get involved earlier, in situations where suffering was likely to occur, rather than having to wait until the animals welfare was compromised.
The Animal Welfare Act 2006 is applicable in England and Wales only. In Scotland an animal’s welfare is protected under The Animal Health and Welfare (Scotland) Act 2006 and in Northern Ireland it is the Welfare of Animals Act (Northern Ireland) 2011.
The Animal Welfare Act identified 5 animal welfare needs. By ensuring these needs are met an animals welfare should be maintained.
The five welfare needs are:
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The need for a suitable environment
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The need for a suitable diet
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The need to be able to exhibit normal behaviour patterns
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The need to be housed with, or apart, from other animals
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The need to be protected from pain, suffering, injury and disease
Sections 1 and 2 of the 2006 Act sets out which animals the Act applies to. Under the act any vertebrate animal is protected, but invertebrates are not.
Section 3 of the 2006 Act sets out who can be found to be responsible for an animal: this can be on a permanent or temporary basis as well as being in charge of or owning it. Groomers can be found liable under this piece of legislation as they are temporarily in charge of the animal. Legally no one under the age of 16 years can be deemed to be responsible for an animal, the responsible adult would be held accountable.
Section 4 of the 2006 Act sets out offences concerned with unnecessary suffering. An offence is committed if someone’s action or failure to act causes an animal to suffer, regardless of if the person knew that the action (or failure to act) was likely to cause suffering. An offence can also be committed whereby someone permits unnecessary suffering to happen. This can apply to not just employees of a business but also the animals owner. In particular, the suffering may be deemed unnecessary if it could reasonably have been avoided or reduced for example through veterinary attention or provision of a suitable diet
Under Section 9 of the 2006 Act those responsible for animals (in England and Wales) have a duty to ensure reasonable steps are taken to ensure the five welfare needs of the animals are met.
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DEFRA Codes of Practice for the Welfare of Dogs
Codes of Practice are not legal requirements, they are best practice guidelines. The Code of Practice of the Welfare of Dogs is produced by the Government department DEFRA (Department for Food and Rural Affairs). Codes of practice are guides for the general public and explain how to meet the legal welfare requirements when owning a dog therefore ensuring the dogs welfare needs are met.
The codes of practice cover each of the five welfare needs and give practical examples of how the needs can be met. e.g.
· Provide your dog with clean fresh drinking water at all times. If necessary carry water, in a suitable container, with you when clean water is unlikely to be available.
· Make sure that any place you leave your dog is large enough to ensure, at all times, a comfortable area with effective ventilation and temperature control, and that your dog is able to move around to ensure its comfort, avoiding becoming too hot or too cold
· Ensure that your dog can rest undisturbed when it wants to. Puppies and older animals may need more rest.
· Make sure that your dog is never left alone long enough for it to become distressed.
· Check your dog over regularly and watch out for signs of injury, disease or illness. Make sure someone else does this if you are away.
The complete code of practice can be found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/69390/pb13333-cop-dogs-091204.pdf
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The Dogs Act 1906
Only section two of this Act is still enforceable. This section refers to any breed of dog that is dangerously out of control in both public and private places. While one instance of a dog being out of control is rarely enough to result in a prosecution is the dog is found to be dangerously out of control destruction of the dog may take place.
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Veterinary Surgeons Act 1966
This Act makes it illegal for someone to practice veterinary surgery without first being on the register of veterinary surgeons. The term veterinary surgery is defined as “clinical and surgical treatment as well as diagnosing diseases and injuries, carrying out tests for diagnostic purposes and offering advice based on the diagnosis”. As a result all procedures which are invasive can only be carried out by registered veterinary surgeons. Invasive procedures are those which enter a body cavity.
Under schedule 3 specific exemptions are listed, whereby people who are not registered veterinary surgeons can carry out some procedures. These exemptions include:
· Owners can diagnose and treat their own animals
· Providing emergency first aid in order to save a life or relieve pain or suffering.
· Physiotherapy and hydrotherapy given to an animal by a person acting under the direction of a registered veterinary surgeon (referral).
· The provision of some specified procedures by registered veterinary nurses
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Dangerous Dogs Act 1991
The Dangerous Dog Act 1991 identifies particular breeds of dogs for which it is illegal to breed, sell or exchange:
· Pit Bull Terrier
· Japanese Tosa
· Fila Braziliero
· Dogo Argentino
· Any dog appearing to be bred for fighting or to have the characteristics of a fighting dog.
People owning these breeds of dog must obtain the appropriate license and not allow their dog out in public without a suitable muzzle and lead on. All dogs must be microchipped and tattooed. Any person owning dogs of these breeds must ensure the dogs have been neutered, microchipped and tattooed.
Section 3 of the Act makes it an offence for any breed of dog to be found to be “dangerously out of control” in a public place. Any offence is deemed the responsibility of the owner and the person in charge of the dog at that time.
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The Microchipping of Dogs Regulations (England) 2015
Under this Act it is a legal requirement for all dogs to be microchipped before the age of 8 weeks and before being transferred to a new owner. All necessary details must be recorded on an appropriate database. Exemptions may only be approved based on the action of microchipping severely affecting the dog’s health.
Microchips can be implanted by registered veterinary surgeons, registered veterinary nurses and those people who have completed an approved training course.
The microchip is implanted between the dogs shoulder blades and the information contained on the chip is recorded on a database along with the owners details. A scanner is required to read the chip and the chip number is compared with those stored on the database, allowing the owners to be contacted. It is the owners responsibility to ensure the information on the database is accurate and kept up to date.