Ducks (England): Code of Recommendations for the Welfare of Livestock (PB0079)


The following Code, comprising paragraphs 1 to 63 is issued with the authority of Parliament and has been prepared following consultation as required by section 3 (1) of the Agriculture (Miscellaneous Provisions) Act 1968 which reads as follows:

3(1) The Ministers may from time to time, after consultation with such persons appearing to them to represent any interests concerned as the Ministers consider appropriate-
(a) prepare codes containing such recommendations with respect to the welfare of livestock for the time being situated on agricultural land as they consider proper for the guidance of persons concerned with the livestock; and (b) revise any such code by revoking, varying, amending or adding to the provisions of the code in such manner as the Ministers thinks fit.

The following further extracts from the Agriculture (Miscellaneous Provisions) Act 1968 explain the status of the Code in relation to the law of the land:

1(1) Any person who causes unnecessary pain or unnecessary distress to any livestock for the time being situated on agricultural land and under his control or permits any such livestock to suffer any such pain or distress of which he knows or may reasonably be expected to know shall be guilty of an offence under this section.

3(4) A failure on the part of any person to observe a provision of a code for the time being issued under this section shall not of itself render that person liable to proceedings of any kind; but such a failure on the part of any person may, in proceedings against him for an offence under section 1 of this Act, be relied upon by the prosecution as tending to establish the guilt of the accused unless it is shown that he cannot reasonably be expected to have observed the provision in question within the period which has elapsed since that provision was first included in a code issued under this section.

The Code came into operation on 1 September 1987.

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