Sheep (England): Code of Recommendations for the Welfare of Livestock (PB5162)

Preface


This preface is not part of the Code but is intended to explain its purpose and to indicate the broad considerations upon which it is based. Similarly, the legislation quoted in boxes throughout the document is not part of the Code but is intended to highlight some of the legal requirements. The law, as quoted in these boxes, is that in force on the date of publication or re-printing of the Code (please refer to the Contents page for this information). Readers should be aware that any of the legal requirements quoted might be subject to change they should seek confirmation before assuming that these are an accurate statement of the law currently in force.

Regulation 10 of the Welfare of Farmed Animals (England) Regulations 2000 (SI 2000 No. 1870) provides that:

  • Any person who employs or engages a person to attend to animals shall ensure that the person attending the animals:
    • is acquainted with the provisions of all relevant statutory welfare codes relating to the animals being attended to;
    • has access to a copy of these Codes while he is attending to the animals; and
    • has received instructions 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 he has access to all relevant statutory welfare codes relating to the animals while he 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 unnecessary pain or unnecessary distress to any livestock on agricultural land is an offence under Section 1(1) of the Agriculture (Miscellaneous Provisions) Act 1968. The breach of a code provision, whilst not an offence in itself, can nevertheless be used in evidence as tending to establish the guilt if anyone accused of causing the offence of causing unnecessary pain or distress under the Act (section 3(4)).

Regulation 3(1) the Welfare of Farmed Animals (England) Regulations 2000 (S.I. 2000 No. 1870) states that owners and keepers of animals shall take all reasonable steps:

  • to ensure the welfare of the animals under their care; and
  • to ensure that the animals are not caused any unnecessary pain, suffering or injury.

Regulation 3(3) of the Welfare of Farmed Animals (England) Regulations 2000 (S.I. 2000 No. 1870) states that:

  • In deciding whether the conditions under which animals are being bred or kept comply with the requirements set out in Schedule 1 of the Regulations, the owner and keeper of the animals shall 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.

Regulation 11 of the Welfare of Farmed Animals (England) Regulations 2000 (S.I. 2000 No. 1870) 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, he may serve a notice on the person appearing to him to be in charge of the animals requiring that person, 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 be taken.

Regulation 13(2) of the Welfare of Farmed Animals (England) Regulations 2000 (S.I. 2000 No. 1870) states that:

  • In any proceeding against an owner or keeper of animals for a failure to comply with Regulations

3(1) or 3(2), the owner or keeper as the case may be, may rely on his compliance with any relevant recommendations contained in a statutory welfare code as tending to establish his compliance with the relevant Regulations.

The Code is intended to encourage all those who care for farm animals to adopt the highest standards of husbandry. Without good stockmanship, animal welfare can never be adequately protected. Adherence to these recommendations will help stock-keepers to reach the required standard.

The welfare of sheep is considered within a framework, elaborated by the Farm Animal Welfare Council, and known as the Five Freedoms. These form a logical basis for the assessment of welfare within any system, together with the actions necessary to safeguard welfare within the constraints 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 by rapid diagnosis and treatment;
  4. FREEDOM TO EXPRESS 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 to avoid mental suffering.

In acknowledging these freedoms, those who have care of livestock should practise:

  • caring and responsible planning and management;
  • skilled, knowledgeable and conscientious stockmanship;
  • appropriate environmental design (for example, of the husbandry system);
  • considerate handling and transport;
  • humane slaughter.

The Protection of Animals Acts 1911 - 2000 contain the general law relating to cruelty to animals. Broadly it is an offence (Under Section 1 of the 1911 Act) to be cruel to any domestic or captive animal by anything that is done or omitted to be done.

Section 12(2) of the 1911 Act empowers a police constable to place, in safe custody, animals in the charge of persons apprehended for an offence under the Act until the end of proceedings or the court orders the return of the animals. The reasonable costs involved, including any necessary veterinary treatment, are recoverable by the police from the owner upon conviction.

Under Section 1 of the Protection of Animals (Amendment) Act 1954, as amended by the 1988 Act, the court has the power to disqualify a person convicted under these Acts from having custody of any animal. The ban can specify a particular kind of animal or all animals for such period as the court thinks fit.

This Code applies to England only and has been issued by the Minister of Agriculture, Fisheries and Food (following approval in draft by both Houses of Parliament). It replaces (also regards England only) the existing Code, which was issued in 1990.

THIS WELFARE CODE WAS ISSUED ON 14TH AUGUST 2000.

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