04-Nov-2007

ANIMAL WELFARE ACT 2006 - Docking

DOCKING - Removal of dogs' tails is banned in England (6th April 2007), Wales (28th March 2007)
- excluding therapeutic and for certain truly working breeds governed by regulation (see below).  Dogs
born after 6th April 2007 cannot be shown with docked tails at fee paying shows in England and Wales
but can be in Scotland .

SCOTLAND - tail docking except for therapeutic reasons has been banned in Scotland as from 30th April, 2007. 
Dogs taken across borders could be subject to the Council Regulation (EC) no 1/2005. (see below)

N. IRELAND - Still ongoing consultation as at June 2007.  Previous legislation applies - only Vets can dock for therapeutic or prophylactic reasons.  

REGULATIONS:-

ENGLAND -  The  regulations for truly WORKING dog exemptions as from 6th April 2007 (although a few may
be found not to be suitable for work later)  are Terriers and their crossbreeds , Spaniels and their crossbreeds
and HPRs
This does not apply to dogs bred as pets .

Anyone who is cruel to an animal, or does not provide for its welfare needs, may be banned from owning
animals, fined up to 20,000 and/or sent to prison.

http://www.opsi.gov.uk/si/si2007/draft/20075778.htm
There seems to be a consensus that they must be reviewed between 2 and 5 years.


WALES -   The list of truly working dog breeds exempted and as amended in the Welsh Plenary as from
28th March 2007
(although some may be found not to be suitable for work later)  is now as follows:
Spaniels : of only the following breeds will be eligible  English Springer Spaniel;  Welsh Springer Spaniel; 
Cocker Spaniel,
but not combinations of breeds and 

Terriers of only the following breeds will be eligible Jack Russell Terrier, Cairn Terrier  (normally undocked!)
Lakeland  Terrier, Norfolk Terrier
- but not combinations of breeds.  This does not apply to dogs bred as pets.
The HPR breeds remain as originally drafted. Bracco Italiano; Brittany; German Long-haired Pointer;
German Wire-haired Pointer; Hungarian Vizsla; Hungarian Wire-Haried Vizsla; Italian Spinone;
Spanish Water Dog; Weimaraner; Korthals Griffon; Slovakian Rough-Haired Pointer; Large Munsterlander;
Small Munsterlander.
This does not apply to dogs bred as pets.

http://new.wales.gov.uk/topics/environmentcountryside/ahw/animal_welfare/Companiondomesticanimalwelfare/taildockingregulations/?lang=en
Certificate required http://new.wales.gov.uk/depc/1382175/1519627/DOC_1_CERTIFICATE_ENGLISH_11.pdf?lang=en
The Minister at the time the regulations were set, Mr Carwyn Jones AM, made a commitment in Plenary to review the
Docking of Working Dogs' Tails (Wales) Regulations in 2 years.


Puppies presented for docking to the Vet as truly WORKING dogs can only be docked at the discretion of the Vet.

Docked dogs born after the above dates cannot be shown at fee paying shows in England and Wales

also see these relevant DEFRA links:-

http://www.opsi.gov.uk/si/si2007/20071120.htm
http://www.defra.gov.uk/animalh/welfare/act/index.htm
http://www.defra.gov.uk/animalh/welfare/act/docking.htm

SCOTLAND - The Animal Welfare Act bans certain "mutilations" which includes docking as from 30th April 2007 and
no dog can be docked in Scotland.
A person commits an offence if the person takes a protected animal, or causes a
protected animal to be taken, from a place in Scotland for the purpose of having a prohibited procedure carried out on the
animal at a place outwith Scotland.    A review may be done later.  We approve of this legislation.  

If dogs (in whelp) are to be taken from Scotland for the purpose of having the tails of their puppies docked, to be then brought back to
Scotland for sale, it is likely that the courts would consider this to be a journey in connection with an economic activity. 
As a consequence the provision of Council Regulation (EC) no 1/2005 on the protection of animals during transport would
apply.  The significance of this Regulation is that the animals must be "fit to travel" and Chapter 1 of Annex 1 of the
Regulation states that pregnant female for whom 90% or more of the expected gestation period has already passed and
females who have given birth in the previous week are not considered fit for transport.  Thus if a dog were to be taken from
Scotland to give birth, she would need to make the journey at least 6 days before the expected date of the birth and could
not be transported back for 7 days following the birth.

Scotland has not banned the showing of docked dogs.  The penalty for docking a dog's tail will be a fine of up to 5,000
and/or six months imprisonment. 

see this link for the complete Act:-

http://www.opsi.gov.uk/legislation/scotland/acts2006/20060011.htm
The only people who can prosecute an alleged offence under the Animal Health and Welfare ( Scotland ) Act 2006 are the
Procurators Fiscal (PF).  The police, local authorities, Scottish SPCA and Animal Health (the new name for the State Veterinary
Service) officials can all inspect and investigate alleged offences.  These inspectors report to the PF who decide whether to
prosecute.  The PF service is totally independent of the police and the Scottish Executive.

Any docking that is deemed to have been done illegally should be reported with supporting evidence to the
Local Authority area in which the breeder resides - this includes Scotland (search Google for
Local Authorities > animal welfare.  The Local Authority has the power to ask the breeder to show them the
Veterinary docking certificate ( England and Wales ).  Alternatively, they can be reported to the RSPCA's
cruelty and advice line 0870 55 55 999. or use this link https://www.rspca.org.uk/servlet/Satellite?pagename=RSPCA/RSPCARedirect&pg=MyRSPCA

This link can help trace telephone numbers in adverts:-

http://www.ukphoneinfo.com/cgi-bin-Phones/nng?GNG=01299266532&Submit=Submit

Also please inform A.D.A.

 

Puppies and Breed Health Undocked Breeder Puppy List The RCVS Code of Ethics LINKS to other websites & Affiliates The Kennel Club's bulletin on docking The Wansbrough Report List of Docked Dog Breeds Register with ADA Legal notices Mission statement Countries which have banned Worldwide news Newspage Pain - AWSELVA Neosporosis Caninum Photos of Docking problems ADA's submission to EFRA ADA's submission to the RCVS What People Say about Docking Docked Breed and Health listings Rescue Vet John Bower's docking report Danish Study on Lack of Tail Injury Sunday Times article on Neonates Swedish Pointer Study The effects of docking Drug & Food Alerts, Hazards & Travel Animal Welfare Act -docking

 

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