Protection of Animals (Amendment) Act 1988

F1 Protection of Animals (Amendment) Act 1988

1988 CHAPTER 29

An Act to enable a court to disqualify a person for having custody of an animal on a first conviction of cruelty; and to increase the penalties for offences relating to animal fights, and to make further provision with respect to attendance at such fights, in England and Wales and to penalise attendance at such fights in Scotland.

[29th July 1988]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Textual Amendments

F1 Act repealed (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 9(m) (with s. 54); S.S.I. 2006/482, art. 2

F2 1 Disqualification orders on first conviction of cruelty. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 1 repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/499, art. 2(2)(m); S.I. 2007/1030, art. 2(1)(m)

2 Offences relating to animal fights. E+W+S

(1) In F3 ... section 31 of the M1 City of London Police Act 1839 F3 ... (penalties for offences relating to animal fights) for the references to level 1 on the standard scale there shall be substituted references to level 4 on that scale.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After section 1 of the M2 Protection of Animals (Scotland) Act 1912 there shall be inserted—

“1A Offence of being present at animal fights.

(1) A person who is present when animals are placed together for the purpose of their fighting each other shall be guilty of an offence and liable on summary conviction to a penalty not exceeding level 4 on the standard scale.

(2) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he had a reasonable excuse for being so present.

1B Offence of advertising animal fights.

If a person who publishes or causes to be published an advertisement for a fight between animals knows that it is such an advertisement he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding level 4 on the standard scale.”

(4) Subsection (1) above does not affect the punishment for an offence committed before the coming into force of this Act.Short title, repeals, commencement and extent.

Textual Amendments

F3 Words in s. 2(1) repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/499, art. 2(2)(m); S.I. 2007/1030, art. 2(1)(m)

F4 S. 2(2) repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/499, art. 2(2)(m); S.I. 2007/1030, art. 2(1)(m)

Marginal Citations

M1 1839 c. xciv.

M2 1912 c. 14.

3

(1) This Act may be cited as the Protection of Animals (Amendment) Act 1988.

(2) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) Those repeals do not affect the operation of the enactments mentioned in that Schedule in relation to any disqualification order made before the coming into force of this Act under either of the first two Acts there mentioned.

(4) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

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

Section 3(2) and (3).

SCHEDULE E+W+S REPEALS

23 & 24 Geo.5 c.17.	The Protection of Animals (Cruelty to Dogs) Act 1933.	The whole Act.
24 & 25 Geo.5 c.25.	The Protection of Animals (Cruelty to Dogs) (Scotland) Act 1934.	The whole Act.
2 & 3 Eliz.2 c.40.	The Protection of Animals (Amendment) Act 1954.	Section 3, so far as unrepealed.
1963 c.43.	The Animal Boarding Establishments Act 1963.	Section 1(2)(c) and (d).
1964 c.70.	The Riding Establishments Act 1964.	Section 1(2)(b) and (c).
1973 c.60.	The Breeding of Dogs Act 1973.	Section 1(2)(c) and (d).