Protection of Animals (Anaesthetics) Act 1954
1954 c.46
F12An 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.
Act: Functions transferred (27.12.1999) by S.I. 1999/3141, art. 2(1), Sch. (with arts. 2(5), 3)
Act: Functions transferred (W.)(1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Act applied (S.) (3.10.2003) by Welfare of Farmed Animals (Scotland) Amendment Regulations 2003 (S.S.I. 2003/488), reg. 23(2)
1 Use of anaesthetics in operations on animals.
F121
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.
F101A
An operation to which this section applies that is performed on an animal without the use of an anaesthetic administered so as to prevent pain during the operation is, for the purposes of section 21 of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), to be regarded as being 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.
C4C53
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
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as amended by or under any other enactment.
2 Citation, repeal, extent and commencement.
F121
This Act may be cited as the Protection of Animals (Anaesthetics) Act, 1954.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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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.
SCHEDULES
FIRST SCHEDULE Excepted Operations
F121
F3Any procedure duly authorised under the Animals (Scientific Procedures) Act 1986.
2
The rendering in emergency of first aid for the purpose of saving life or relieving pain.
3
The docking of the tail of a dog before its eyes are open.
4
The amputation of the dew claws of a dog before its eyes are open.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4
F56
6A
The 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.
C6C7C8
7
Any 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.
C9C10C11
8
Any 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.
SECOND SCHEDULE Acts which may be Cited Together
F12Part I
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Part II
The
M2
Protection of Animals (Scotland) Act, 1912.
The
M3
Protection of Animals (Scotland) Act, 1912, Amendment Act, 1921.
The
M4
Performing Animals (Regulation) Act, 1925.
The
M5
Protection of Animals Act, 1934.
The
M6
Protection of Animals (Cruelty to Dogs) (Scotland) Act, 1934.
The
M7
Protection of Animals (Amendment) Act, 1954.
Act repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) and s. 2(2) and Sch. 2 Pt. 1 repealed (E.W.S.) (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. 2007/1030, art. 2(1)(m); S.I. 2007/499, art. 2(2)(m)