The Animal Welfare (Electronic Collars) (Wales) Regulations 2010

Welsh Statutory Instruments

2010 No. 943 (W.97)

ANIMALS, WALES

The Animal Welfare (Electronic Collars) (Wales) Regulations 2010

Made

23 March 2010

Coming into force

24 March 2010

A draft of these Regulations was laid before, and approved by a resolution of, the National Assembly for Wales in accordance with section 61(2) of the Animal Welfare Act 2006(1).

The Welsh Ministers, in exercise of the powers conferred on them by sections 12(1), (3)(a), (5) and 62 of the Animal Welfare Act 2006(2), and having consulted such persons appearing to them to represent the interests concerned, make the following Regulations:

Title, commencement, interpretation and application

1.—(1) The title of these Regulations is the Animal Welfare (Electronic Collars) (Wales) Regulations 2010 and they come into force on the day after they are made.

(2) In these Regulations—

• “the Act” (“y Ddeddf”) means the Animal Welfare Act 2006; and

• “electronic collar” (“coler electronig”) means a collar designed to administer an electric shock.

(3) These Regulations apply in relation to Wales.

Prohibition on use of electronic collars

2.—(1) It is prohibited for a person to—

(a) attach an electronic collar to a cat or a dog;

(b) cause an electronic collar to be attached to a cat or a dog; or

(c) be responsible for a cat or a dog to which an electronic collar is attached.

Offences

3.  A person who breaches any of the prohibitions in regulation 2 commits an offence and, on summary conviction, is liable to—

(a) imprisonment for a period not exceeding 51 weeks;

(b) a fine not exceeding level 5 on the standard scale; or

(c) to both.

Entry and search

4.  An offence under these Regulations is to be treated as a relevant offence for the purpose of section 23 of the Act (entry and search under warrant in connection with offences).

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

23 March 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 12 of the Animal Welfare Act 2006 (c. 45) and prohibit the use on cats and dogs of any electronic collar designed to administer an electric shock.

Regulation 1 defines “electronic collar”.

Regulation 2 prohibits the use of an electronic collar on a cat or dog.

Regulation 3 makes provision for offences.

Regulation 4 provides powers of entry and search.

A regulatory appraisal has been prepared. Copies may be obtained from the Office of the Chief Veterinary Officer, the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.

(1)

2006 c. 45. By virtue of section 162 of, and paragraph 34 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the reference in section 61(2) to “House of Parliament” includes the National Assembly for Wales.

(2)

By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006, the functions of the National Assembly for Wales were transferred to and now vest in the Welsh Ministers. Section 62 is cited for the meaning given to the “appropriate national authority”.