Section 1 Use of anaesthetics in operations on animals.
England, Wales and Scotland
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.
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.
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—
the making of injections or extractions by means of a hollow needle; or
an operation included in the First Schedule to this Act.
The Minister of Agriculture and Fisheries and F3the 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 those Ministers to represent agricultural interests as may appear to those Ministers appropriate, by order amend any of the ages specified in paragraph 6 of the said First Schedule; and any order under this subsection—
shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
may be varied or revoked by a subsequent order thereunder.
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.
Annotations
Textual amendments
- F1
Act repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) and s. 2(2) and Sch. 2 Pt. 1 repealed (E.W.S.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(m);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)
- F2
S. 1(1A) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), sch. 2 para. 7(a) (with s. 54); S.S.I. 2006/482, art. 2
- F3
Words substituted by S.I. 1978/272, Sch. 5 para. 5
- F4
S. 1(5)(b) repealed (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), sch. 2 para. 7(b) (with s. 54); S.S.I. 2006/482, art. 2
Marginal citations
- M1
Modifications
- C1
Style 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)
- C2
Certain functions of Minister of Agriculture, Fisheries and Food transferred by S.I. 1978/272, art. 2