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Protection of Animals (Anaesthetics) Act 1954

2 & 3 Eliz. 2 c. 46 · Enacted 30 July 1954 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2007.

F1An 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]C1C2C3C4

Annotations to the whole text

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Act repealed (E.W.) (27.3.2007 for W., 6.4.2007 for E.) and s. 2(2) and Sch. 2 Pt. 1 repealed (E.W.S.) (27.3.2007 for W., 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), s. 68(3), Sch. 4 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art.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

Modifications

C1

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

C2

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

C3

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

C4

Act applied (S.) (3.10.2003) by Welfare of Farmed Animals (Scotland) Amendment Regulations 2003 (S.S.I. 2003/488), reg. 23(2)

Contents

  1. 1Use of anaesthetics in operations on animals.
  2. 2Citation, repeal, extent and commencement.
  3. Schedule FIRST: Excepted Operations
  4. 1Paragraph 1
  5. 2Paragraph 2
  6. 3Paragraph 3
  7. 4Paragraph 4
  8. 5Paragraph 5 Repealed
  9. 6Paragraph 6
  10. 6AParagraph 6A
  11. 7Paragraph 7
  12. 8Paragraph 8
  13. Schedule SECOND: Acts which may be Cited Together
  14. IPart I
  15. IIPart II

1Use of anaesthetics in operations on animals.

(F11)

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.

(F21A)

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.

C1C2(3)

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—

(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

F4(b)

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

as amended by or under any other enactment.

2Citation, repeal, extent and commencement.

(F11)

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)

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

1F1

F2Any procedure duly authorised under the Animals (Scientific Procedures) Act 1986.

2F1

The rendering in emergency of first aid for the purpose of saving life or relieving pain.

3F1

The docking of the tail of a dog before its eyes are open.

4F1

The amputation of the dew claws of a dog before its eyes are open.

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

6F1F2

The castration of a male animal specified in the following table before it has reached the age so specified, that is to say—

bull

F32 months

sheep

3 months

goat

2 months

F4pig, F5in Wales,

4 weeks; and

in England,

8 days

F6pig

8 days

6AF1

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.

7C1C2C3F1

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.

8C1C2C3F1

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.

IF1

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IIF1

The M1 Protection of Animals (Scotland) Act, 1912.

The M2 Protection of Animals (Scotland) Act, 1912, Amendment Act, 1921.

The M3 Performing Animals (Regulation) Act, 1925.

The M4 Protection of Animals Act, 1934.

The M5 Protection of Animals (Cruelty to Dogs) (Scotland) Act, 1934.

The M6 Protection of Animals (Amendment) Act, 1954.