Protection of Animals (Anaesthetics) Act 1954

1954 CHAPTER 46 2 and 3 Eliz 2

An Act to repeal the Animals (Anaesthetics) Act, 1919, and to extend the provisions of the Protection of Animals Acts in relation to the performance of operations on animals.

[30th July 1954]

Modifications etc. (not altering text)

C1Act: Functions transferred (27.12.1999) by S.I. 1999/3141, art. 2(1), Sch. (with arts. 2(5), 3)

C2Act: Functions transferred (W.)(1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Use of anaesthetics in operations on animals.E+W+S

(1)If any operation to which this section applies is performed on any animal without the use of an anaesthetic so administered as to prevent any pain during the operation, that operation shall be deemed for the purposes of the principal Act to be an operation which is performed without due care and humanity.

(2)This section applies to any operation with or without the use of instruments which involves interference with the sensitive tissues or the bone structure of an animal, other than—

(a)the making of injections or extractions by means of a hollow needle; or

(b)an operation included in the First Schedule to this Act.

(3)The Minister of Agriculture and Fisheries and [F1the Secretary of State for Scotland and the Secretary of State for Wales], acting jointly, may, after consultation with the Royal College of Veterinary Surgeons and with such persons appearing to [F1those Ministers] to represent agricultural interests as may appear to [F1those Ministers] appropriate, by order amend any of the ages specified in paragraph 6 of the said First Schedule; and any order under this subsection—

(a)shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)may be varied or revoked by a subsequent order thereunder.

(4)This Act shall be construed as one with the principal Act, so, however, that in this Act the expression “animal” shall not include a fowl or other bird, fish or reptile.

(5)In this section, the expression “the principal Act” means—

(a)in relation to England and Wales, the M1Protection of Animals Act, 1911; and

(b)in relation to Scotland, the M2Protection of Animals (Scotland) Act, 1912;

as amended by or under any other enactment.

Textual Amendments

F1Words substituted by S.I. 1978/272, Sch. 5 para. 5

Modifications etc. (not altering text)

C4Style and title of Minister of Agriculture and Fisheries now changed to Minister of Agriculture, Fisheries and Food: S.I. 1955/554 (1955 I, p. 1200)

C5Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2

Marginal Citations

M11911 c. 27.

M21912 c. 14.

2 Citation, repeal, extent and commencement.E+W+S

(1)This Act may be cited as the Protection of Animals (Anaesthetics) Act, 1954.

(2)This Act and the Acts specified in Part I of the Second Schedule to this Act may be cited together as the Protection of Animals Acts, 1911 to 1954.

(3)This Act and the Acts specified in Part II of the said Second Schedule may be cited together as the Protection of Animals (Scotland) Acts, 1912 to 1954.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5)This Act shall not extend to Northern Ireland.

(6)This Act shall come into operation on the first day of September, nineteen hundred and fifty-four.

Textual Amendments

F2S. 2(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SCHEDULES

Section 1.

FIRST SCHEDULEE+W+S Excepted Operations

1E+W+S[F3Any procedure duly authorised under the Animals (Scientific Procedures) Act 1986].

Textual Amendments

F3Sch. 1 para. 1 substituted by Animals (Scientific Procedures) Act 1986 (c. 14, SIF 4:5), s. 27(2), Sch. 3 para. 3

2E+W+SThe rendering in emergency of first aid for the purpose of saving life or relieving pain.

3E+W+SThe docking of the tail of a dog before its eyes are open.

4E+W+SThe amputation of the dew claws of a dog before its eyes are open.

5E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4Sch. 1 para. 5 repealed by Protection of Animals (Anaesthetics) Act 1964 (c. 39), s. 1(1)(2)

[F56E+W+SThe castration of a male animal specified in the following table before it has reached the age so specified, that is to say—

bull	[F62 months]
sheep	3 months
goat	2 months
[F7pig]	[F74 weeks]]

Textual Amendments

F5Paras. 6, 6A substituted for para. 6 by Protection of Animals (Anaesthetics) Act 1964 (c. 39), s. 1(1)(3)

F6Words substituted by S.I. 1982/1626, art. 2

F7Words in Sch. 1 para. 6 substituted (10.8.1994) by S.I. 1994/2126, reg. 8(2)

6AE+W+SThe foregoing paragraph shall not apply to the castration of an animal by using a rubber ring or other device to constrict the flow of blood to the scrotum unless the device is applied within the first week of life.

7E+W+SAny minor operation performed by a veterinary surgeon or veterinary practitioner, being an operation which, by reason of its quickness or painlessness, is customarily so performed without the use of an anaesthetic.

Modifications etc. (not altering text)

C6Para. 7 amended by Protection of Animals (Anaesthetics) Act 1964 (c. 39), s. 1(1)(4)

C7Power to modify para. 7 given by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 5

C8Paras. 7, 8 amended by S.I. 1980/685, art. 2

8E+W+SAny minor operation, whether performed by a veterinary surgeon or veterinary practitioner or by some other person, being an operation which is not customarily performed only by such a surgeon or practitioner.

Modifications etc. (not altering text)

C9Para. 8 amended by Protection of Animals (Anaesthetics) Act 1964 (c. 39), s. 1(1)(4)

C10Power to modify para. 8 given by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 5

C11Paras. 7, 8 amended by S.I. 1980/685, art. 2

Section 2.