Cats and the Law - The Cat Group

1 cats and the law a plain English guide Authors Foreword Contents Dr Angus Nurse is Senior The UK is a nation of animal lovers, but from time to time Lecturer in Criminology in members of the public need to know the law as it applies to 4 Introduction Middlesex University School of cats and their owners. A variety of circumstances can arise;. Law where he teaches and from people wishing to know their obligations in caring for a 5 Definitions researches criminology and law. cat, to understanding their legal liability for any damage 6 Basic protection He was Lecturer in Criminology caused by their cat to a neighbour's property. Re-homing afforded to cats and Criminal Investigation at institutions and breeders also need to know how the law Birmingham City University from impacts on their affairs in order to keep within the boundaries 7 Sale of cats The Cat Group is 2011 2013 and before that a collection of of the law. However, it is not always so easy to be sure about 10 Liability for cat spent three and a half years as a professional what the law requires without a simple reference guide; which damage Research Fellow at the organisations is what this booklet aims to provide.

2 University of Lincoln's Law 14 Animal welfare dedicated to feline School researching civil justice systems, criminal justice and This booklet is a summary of current law relating to cats, offences welfare through human rights. Prior to this, Angus was an Investigator for the the development primarily the Animal Welfare Act 2006 and its introduction of a 15 DEFRA's Commission for Local Administration for England (the Local and positive obligation to promote and observe animal welfare in Code of Government Ombudsman) and worked in the Investigations promotion of companion animals. The booklet also summarises the law on Practice on Section and Legal Compliance units at the Royal Society for policies and keeping and care of a cat, issues relating to the sale or theft of the Welfare the Protection of Birds. He is a graduate of the University of recommendations cats and damage either caused by or caused to a cat. We of Cats Leicester with a Master's degree in Criminal Justice Studies on the care and have put into plain language the basic information contained in and has a PhD in Criminality and Criminal Justice Policy from the Animal Welfare Act 2006, its associated Code of Practice, 18 Rehoming keeping of all cats.

3 Birmingham City University where he studied wildlife crime and and other related laws so that anyone can check their key 19 Cat thefts and the enforcement of wildlife law. legal obligations and identify their responsibilities under the injury to cats law without being overwhelmed by legal language. 20 Questions Diane Ryland LLB LLM is a Member frequently Senior Lecturer in the Law School organisations: We have also listed and answered some of the most frequent asked about and has taught European Union Battersea Dogs and questions that people ask about cats and their legal status, so cats and the (EU) Law at the University of Cats Home that most of what cat owners, breeders and rehoming The Blue Cross law Lincoln since 1995. Prior to this institutions would want to know is contained within this guide. British Small she was employed as a Animal Veterinary Inevitably there will be some omissions and the book is not 25 Useful researcher in European Union Association intended to be a substitute for the actual legislation.

4 Nor is it addresses Law at the University of Hull. Cats Protection intended to be a substitute for, or intended to be relied upon From 1995 2002 she undertook International Cat as, formal legal advice which may need to be sought on the Care (founder). research in European Union specific circumstances of a query. But subject to the limitations Governing Council environmental regulation as a of the Cat Fancy expressed above, the guide should answer most common member of a team of international The Mayhew Animal legal questions facing cat owners, breeders and rehoming academics convening at Nicholas Copernicus University, Home institutions. People's Toru , Poland, conducting research into the approximation of Dispensary for Sick Poland's laws to European Union standards. From The guide was commissioned by the Feline Advisory Bureau Animals 2000 2008, she contributed a chapter annually to the current Royal Society for (FAB) (now International Cat Care (iCatCare)) on behalf of the survey in the Yearbook of European Environmental Law, the Prevention of Cat Group , a number of charities with an interest in cat welfare Oxford University Press.

5 Currently, she is researching for a Cruelty to Animals and the law. While the project originated in Lincoln Law School PhD in Animal Welfare in Agriculture: Public (EU) and Private Wood Green the at the University of Lincoln, the conclusions are, of course, Animals Charity Standards, in the Law School at the University of Leeds. those of the authors. 2 cats and the law : authors cats and the law : foreword 3. Introduction Definitions The main legislation affecting cats in England and Wales is the Animal Welfare Act Code of Practice for Cat Welfare (the Code). 2006 which consolidates much earlier legislation and both promotes animal welfare The Department for the Environment Food and Rural Affairs (DEFRA) Code of and provides an enforcement mechanism through which punishment may be pursued Practice on the Welfare of Cats gives guidance on keeping cats in a suitable where there is a breach of animal welfare standards. The basic principle of this Act environment.

6 The Code provides detail on what is required of cat owners in (and its Scottish and Northern Irish equivalents1) is that both domestic, stray and caring for their companion and providing a suitable environment for their cat's feral cats are protected from harm. There is also now a duty on cat owners and needs. The Code holds advisory' status rather than itself being directly others responsible for a cat to ensure that a cat's needs are met. enforceable, which means that cat owners cannot be prosecuted purely for not following the Code. However, a court can consider a failure to provide the Part of the law requires a responsible person' (see necessary cat-friendly environment required by the Act (in accordance with the Definitions) to provide for the needs of an individual cat. Code) when considering animal welfare offences. This means that those sharing their homes with a cat need to provide a suitable environment and suitable Companion animal diet; to satisfy the cat's need to be able to exhibit normal The term companion animal' is used throughout this guide instead of the term behaviour patterns and any need to be housed with or pet' to refer to domestic cats.

7 This includes not only cats who are clearly linked to apart from other animals; and need to ensure that their or living at a single property and have an identifiable owner, but also those stray companion animals are protected from pain. and feral cats for which a person may accept some responsibility to provide a Many cat owners will already be doing this, but some may need certain level of care and comfort. to rethink the way they interact with their companion animals and may also need to examine whether the conditions and DEFRA. environment their companions are kept in are causing any The Department for the Environment Food and Rural Affairs (DEFRA) is the discomfort. The new law requires cat owners to consider not just Government department with responsibility for environmental matters, including physical discomfort or pain associated with cruelty, but also mental wildlife protection and animal welfare. DEFRA has published guidance on the distress by, for example, denying an indoor only' cat the ability to new Animal Welfare Act 2006, in the form of a Code of Practice.

8 Exhibit its natural behaviours and the opportunity to properly express itself. This is particularly important, as an indoor only' cat may be more likely to show certain medical problems associated with being Owner kept indoors; which if manifest could constitute suffering under the Throughout this guide, the term owner' is used to describe the person who has law. Allowing cats to roam unrestrained could equally cause some legal ownership of a cat. This is because under the law, cats are property and problems and so the duty to ensure welfare creates a responsibility effectively belong' to somebody even though to many cat owners they simply to monitor and assess the condition of each individual cat. share their home with their companions; not thinking of themselves as owners. However, in this guide owner means legal owner, which may, or may not, be the The UK Animal Welfare acts intend to prevent harm before it person who regularly provides food for the cat, has a place within his home or occurs and allow for prosecution of animal welfare garden that the cat frequents or, in the case of stray or feral cats, regularly makes offences.

9 The following text aims to provide a food available to the cat so that it frequently returns to the human for food straightforward means of checking the legality of thereby temporarily being in that person's possession'. action affecting cats. Every effort has been made to ensure its accuracy but the authors and The Responsible person Cat Group can take no responsibility for any This term is used to describe a person who accepts responsibility for a cat and errors or omissions. its welfare even if they are not the owner. For example, friends who house sit for a cat are responsible for its welfare while they do so. Those who are keepers of There is country-specific legislation in Scotland and Northern Ireland; the Animal Health & a cat that belongs to a rehoming institution because the institution's terms 1. Welfare (Scotland) Act 2006 and the Welfare of Animals Act (Northern Ireland) 2011. The three specify this, would also be responsible persons (even though they are not animal welfare acts have similar aims of preventing harm and promoting animal welfare although there are some differences in the respective acts .)

10 Owners) as custodians of the cat. 4 cats and the law : introduction cats and the law : definitions 5. Basic protection afforded to cats Sale of cats The legal status of cats under the UK they may commit an offence under the Any private sale of cats is likely to form a this is not the case. Animal Welfare acts is that of protected Animal Welfare Act 2006 which contains contract and any business sale will be Let Selling an unsocialised the animals. UK law generally regards provisions aimed at preventing harm covered by contractual terms and also cat would essentially companion animals such as cats as before it occurs as well as provisions regulated by the Sale of Goods Act be selling an personal property so that any damage or aimed at promoting welfare including the 1979 (as amended). A cat buyer buyer unsatisfactory cat beware harm to a cat is legally the same as imposition of a duty to ensure welfare. will have rights as a purchaser as a damage to any other piece of property.