Cruelty to Animals Act 1997

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1997/1997-0005/CrueltytoAnimalsAct1997_1.pdf
Published: 2012-09-01

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Cruelty to Animals Act 1997

c i e
AT 5 of 1997

CRUELTY TO ANIMALS ACT 1997

Cruelty to Animals Act 1997 Index


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c i e
CRUELTY TO ANIMALS ACT 1997

Index Section Page

PART I – GENERAL PREVENTION OF CRUELTY 7

1 Offences of cruelty .......................................................................................................... 7
2 Provisions supplementary to section 1 ........................................................................ 8
3 Power of court to order animals to be killed .............................................................. 9
4 Power of court to deprive owner of animal .............................................................. 10
5 Power of court to disqualify persons ......................................................................... 10
6 Breach of disqualification order.................................................................................. 11
7 Animals in pinfolds ...................................................................................................... 11
8 Use of dogs for purposes of draught ......................................................................... 12
9 Injured animals ............................................................................................................. 12
10 Interpretation: Part I ..................................................................................................... 13
PART II – PROTECTION OF ANIMALS USED FOR SCIENTIFIC

PROCEDURES 13

Preliminary 13

11 Protected animals.......................................................................................................... 13
12 Regulated procedures .................................................................................................. 14
Personal and project licences 15

13 Prohibition of unlicensed procedures ........................................................................ 15
14 Personal licences ........................................................................................................... 16
15 Project licences .............................................................................................................. 16
Designated establishments 18

16 Scientific procedure establishments ........................................................................... 18
17 Breeding and supplying establishments ................................................................... 19
18 Fees ................................................................................................................................. 20
19 Consultation .................................................................................................................. 20
20 Conditions ...................................................................................................................... 20
21 Variation and revocation ............................................................................................. 22
22 Right to make representations .................................................................................... 22
23 Suspension in cases of urgency ................................................................................... 23
Index Cruelty to Animals Act 1997


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Additional controls 24

24 Re-use of protected animals ........................................................................................ 24
25 Killing animals at conclusion of regulated procedures .......................................... 24
26 Prohibition of public displays .................................................................................... 25
27 Neuromuscular blocking agents ................................................................................ 25
28 Animal undergoing excessive suffering: power of Department, etc .................... 25
Miscellaneous provisions 25

29 Guidance, codes of practice, etc ................................................................................. 25
30 Penalties for contraventions........................................................................................ 26
31 False statements ............................................................................................................ 27
32 Protection of confidential information ...................................................................... 27
33 Prosecutions .................................................................................................................. 28
34 Interpretation of Part II ................................................................................................ 28
PART III – GENERAL AND SUPPLEMENTARY 28

35 Spring traps ................................................................................................................... 28
36 Possession of appliances for use in fighting of domestic fowl .............................. 29
37 Enforcement of Act ...................................................................................................... 29
38 Offences by bodies corporate ..................................................................................... 29
39 Orders ............................................................................................................................ 29
40 Expenses ........................................................................................................................ 30
41 Interpretation ................................................................................................................ 30
42 Amendments ................................................................................................................. 30
43 Transitional provisions and repeals .......................................................................... 30
44 Short title and commencement ................................................................................... 30
SCHEDULE 1 31

EXCEPTED OPERATIONS 31
SCHEDULE 2 32

STANDARD METHODS OF HUMANE KILLING 32
SCHEDULE 3 33

ANIMALS TO BE OBTAINED ONLY FROM DESIGNATED BREEDING OR
SUPPLYING ESTABLISHMENTS 33
SCHEDULE 4 34

ENFORCEMENT OF ACT 34
SCHEDULE 5 36

AMENDMENT OF ENACTMENTS 36
SCHEDULE 6 36

TRANSITIONAL AND SAVING PROVISIONS 36
Cruelty to Animals Act 1997 Index


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SCHEDULE 7 37

ENACTMENTS REPEALED 37
ENDNOTES 39

TABLE OF LEGISLATION HISTORY 39
TABLE OF RENUMBERED PROVISIONS 39
TABLE OF ENDNOTE REFERENCES 39

Cruelty to Animals Act 1997 Section 1


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c i e
CRUELTY TO ANIMALS ACT 1997

Received Royal Assent: 15 July 1997
Passed: 15 July 1997
Commenced: 1 May 1998
AN ACT
to consolidate with amendments certain enactments relating to the
prevention of cruelty to animals; to make new provision with respect to the
protection of animals used for scientific procedures; and for connected
purposes.
PART I – GENERAL PREVENTION OF CRUELTY

1 Offences of cruelty

Any person who —
(a) cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads,
tortures, infuriates or terrifies any animal; or
(b) causes or procures or, being the owner, permits any animal to be
so treated; or1

(c) by intentionally or unreasonably doing or omitting any act, or
causing or procuring any act or omission —
(i) causes any unnecessary suffering to any animal; or
(ii) being the owner, permits any unnecessary suffering to be
so caused; or2

(d) conveys or carries, or causes or procures, or being the owner,
permits to be conveyed or carried, any animal in such a manner or
position as to cause the animal unnecessary suffering; or3

(e) causes or assists at the fighting or baiting of any animal; or
(f) keeps, uses or manages, or acts or assists in the management of,
any premises or place, for the purpose, or partly for the purpose,
of fighting or baiting any animal; or
(g) permits any premises or place to be kept, used or managed for
any such purpose; or
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(h) receives, or causes or procures any person to receive, money for
the admission of any person to any such premises or place; or4

(i) keeps or uses any equipment or other thing for the purpose, or
partly for the purpose, of fighting or baiting any animal; or
(j) wilfully and without any reasonable cause —
(i) administers, or causes or, being the owner, permits the
administration of, any poisonous or injurious drug or
substance to any animal; or
(ii) causes any such drug or substance to be taken by any
animal; or
(k) without prejudice to Part II, subjects, or causes or procures or,
being the owner, permits, any animal to be subjected to any
operation without due care and humanity; or5

(l) without prejudice to Part II, uses, or causes to be used or, being
the owner of the animal, permits to be used, any prescribed
device by means of which an animal is caused discomfort or pain,
or is immobilised; or
(m) being the owner, or having the control or charge, of any animal,
without reasonable cause, abandons it, whether permanently or
not, in circumstances likely to cause the animal unnecessary
suffering; or
(n) causes or, being the owner, permits any animal to be so
abandoned,
shall be guilty of an offence of cruelty within the meaning of this Part
and shall, subject to section 2(2), be liable on summary conviction to
custody for a term not exceeding 6 months or to a fine not exceeding
£5,000, or to both.6

2 Provisions supplementary to section 1

(1) For the purposes of section 1, an owner shall be deemed to have
committed cruelty within the meaning of this Part if he shall have failed
to exercise reasonable care and supervision in respect of the protection of
the animal from such cruelty.
(2) Where an owner is convicted of permitting cruelty within the meaning of
this Part by reason only of having failed to exercise such care and
supervision as is mentioned in subsection (1), he shall not be liable to
custody without the option of a fine.
(3) If any operation to which this subsection 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 section 1(k) to be an operation which is performed without
due care and humanity.
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(4) Subsection (3) 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 to which that subsection applies, but does
not apply to —
(a) the making of injections or extractions by means of a hollow
needle; or
(b) an operation specified in Schedule 1.
(5) The Department of Environment, Food and Agriculture (in this Act
referred to as ‘the Department’) may by order amend the ages specified
in paragraph 4 of Schedule 1.7

(6) Section 1 shall not apply to —
(a) the ringing, tagging or marking of an animal, or the application of
any other humane procedure for the sole purpose of enabling an
animal to be identified if it causes only momentary pain or
distress and no lasting harm;
(b) the doing of any act in the course of killing, or the preparation for
killing, of any animal as food for human consumption, unless the
killing or preparation for killing is accompanied by the infliction
of unnecessary suffering to the animal;
(c) the doing of any act which is declared to be an exempt act by
order made by the Department.
(7) In section 1(l), “prescribed device”
means an electrical, electronic or
mechanical device which is prescribed by order made by the
Department.
3 Power of court to order animals to be killed

(1) Subject to the provisions of this section, where the owner of any animal is
convicted of an offence under section 1 in respect of any animal, the
court before which he is convicted may, if it is satisfied that it would be
cruel to keep the animal alive —
(a) order that the animal shall be killed; and
(b) may assign the animal to any suitable person for that purpose.
(2) Where an animal is assigned to any person pursuant to subsection (1),
that person shall, as soon as possible, kill the animal, or cause the animal
to be killed in his presence, without unnecessary suffering.
(3) No order shall be made under subsection (1), unless the owner of the
animal agrees to the order being made, except upon the evidence of a
veterinary surgeon.8

(4) Where a court makes an order under subsection (1), in respect of any
animal, it may further order that the owner of the animal shall pay any
reasonable expenses incurred in killing the animal, and those expenses
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shall be recoverable summarily as a civil debt from the owner by the
person who incurred the expenses.
4 Power of court to deprive owner of animal

Where the owner of any animal is convicted of an offence under section 1 in
respect of the animal, the court before which he is convicted may, if it thinks fit,
in addition to, or in substitution for, any other punishment order that —
(a) the owner shall be deprived of the ownership of the animal; and
(b) the animal shall be disposed of in such manner as the court
considers proper.
5 Power of court to disqualify persons

(1) Where a person is convicted of an offence under section 1, the court
before which he is convicted may, if it thinks fit, in addition to, or in
substitution for, any other punishment order him to be disqualified, for
such period as it thinks fit, from having the custody of any animal or of
any animal of a kind specified in the order.
(2) Where a court has ordered the disqualification of any person pursuant to
subsection (1), it may, if it thinks fit, suspend the operation of
the order —
(a) for such period as it thinks necessary for enabling arrangements
to be made for the custody of any animal to which the
disqualification relates; or
(b) pending an appeal.
(3) Subject to subsection (5), a person who is disqualified by virtue of an
order under subsection (1) may, at any time after the expiration of —
(a) one year from the date of the order; or
(b) two thirds of the period of the disqualification,
whichever is the later, and from time to time, apply to the court by which
the order was made to remove the disqualification.
(4) On any application under subsection (3), the court may, as it thinks
proper, having regard to —
(a) the character of the applicant and his conduct subsequent to the
making of the order;
(b) the nature of the offence for which he was convicted; and
(c) any other circumstances of the case,
either —
(i) direct that, as from such date as may be specified in the
direction, the disqualification be removed or that the order
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be so varied so as to apply only to animals of a kind
specified in the direction; or
(ii) refuse the application.
(5) Where, on an application under subsection (3), the court directs the
variation of an order under subsection (1) or refuses the application, no
further application under subsection (3) shall be entertained if made
within one year from the date of the direction or, as the case may be, the
refusal.
6 Breach of disqualification order

Any person who has the custody of any animal in contravention of an order
under section 5(1) is guilty of an offence and shall be liable on summary
conviction to custody for a term not exceeding 3 months or to a fine not
exceeding, £2,500, or to both.
7 Animals in pinfolds

(1) Where an animal is impounded or confined in any pinfold and continues
to be so confined without fit and sufficient food and water for more than
6 successive hours, the keeper of the pinfold shall supply the animal with
fit and sufficient food and water during such period as the animal
continues to be confined in the pinfold.
(2) The owner of any animal supplied with food and water by the keeper of
a pinfold pursuant to subsection (1) shall, before the animal is removed
from the pinfold, pay to the keeper of the pinfold the reasonable cost of
the food and water and in default of payment, such cost shall be
recoverable summarily as a civil debt from the owner by the keeper of
the pinfold.
(3) If the keeper of the pinfold fails to comply with subsection (1), he is
guilty of an offence and shall be liable on summary conviction to a fine
not exceeding £500.
(4) If any animal is impounded or confined in any pinfold without fit and
sufficient food and water for more than 6 successive hours, any person
may enter the pinfold for the purpose of supplying the animal with food
and water.
(5) This section shall apply in respect of a detained animal as though the
place of detention were a pinfold and as though —
(a) where the occupier of the place of detention of the animal has not
been informed of the detention, the person who detained the
animal or caused it to be detained;
(b) where the occupier of the place of detention has been informed of
the detention, the occupier,
were the keeper of the pinfold.
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(6) In this section —
‘detained animal’ has the same meaning as in section 12 of the Pinfolds Act 1963;
‘pinfold’ includes a Government Pinfold and any other establishment for the
reception of stray animals.
8 Use of dogs for purposes of draught

Any person who uses, or causes or, being the owner permits to be used, any dog
for the purpose of drawing, or helping to draw, any vehicle on any public
highway is guilty of an offence and shall be liable on summary conviction to a
fine not exceeding £500.
9 Injured animals

(1) If a constable finds any animal so severely injured, so diseased or in such
a physical condition that, in his opinion, having regard to the means
available for removing the animal, there is no possibility of removing it
without cruelty, he shall, if the owner is absent or refuses to consent to
the killing of the animal, at once summon a veterinary surgeon.9

(2) Where a veterinary surgeon, who is summoned pursuant to
subsection (1), certifies that the animal is so injured, so diseased, or in
such a physical condition that it is cruel to keep it alive, the constable
may, without the consent of the owner, kill the animal, or cause it to be
killed —
(a) with such instruments or appliances;
(b) with such precautions; and
(c) in such manner,
as to inflict as little suffering as practicable and, if the killing takes place
on a public highway, the constable shall remove, or cause to be removed,
the carcase from the highway.10

(3) Where a veterinary surgeon summoned pursuant to subsection (1)
certifies that the animal can be removed without cruelty, the person in
charge of the animal shall cause it to be removed forthwith with as little
suffering as possible; and, if that person fails to do so, the constable may,
without the consent of that person, forthwith cause the animal to be so
removed.11

(3A) Without prejudice to subsections (1) to (3), if a constable finds any animal
which is so injured or diseased or is in such physical condition that, in
the constable’s opinion —
(a) there is an immediate need to remove the animal; and
(b) it is possible to remove it without cruelty,
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he may direct the person in charge of the animal to cause it to be
removed forthwith with as little suffering as possible; and, if that person
fails to do so, the constable may, without the consent of that person,
forthwith cause the animal to be so removed.12

(4) Any expenses reasonably incurred by a constable in carrying out the
provisions of this section (including the expenses of any veterinary
surgeon summoned pursuant to subsection (1), whether the animal is
killed pursuant to this section or not) may be recovered summarily as a
civil debt from the owner by the Chief Constable.13

10 Interpretation: Part I

In this Part “owner
” includes a person having charge of an animal.
PART II – PROTECTION OF ANIMALS USED FOR SCIENTIFIC

PROCEDURES

Preliminary
11 Protected animals

[P1986/14/1]
(1) Subject to the provisions of this section, “a protected animal
” for the
purposes of this Part means any living animal.
(2) Any such animal its foetal, larval or embryonic form is a protected
animal only from the stage of its development when —
(a) in the case of a mammal, bird or reptile, half the gestation or
incubation period for the relevant species has elapsed; and
(b) in any other case, it becomes capable of independent feeding.
(3) The Department may by order —
(a) restrict the definition of protected animal so as to exclude
invertebrates of any description;
(b) alter the stage of development specified in subsection (2);
(c) make provision in lieu of subsection (2) as respects any animal
which becomes a protected animal by virtue of an order under
paragraph (a).
(4) For the purposes of this section an animal shall be regarded as
continuing to live until the permanent cessation of circulation or the
destruction of its brain.
(5) In this section ‘invertebrate’ means any animal not of the Sub-phylum
Vertebrata of the Phylum Chordata.
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12 Regulated procedures

[P1986/14/2]
(1) Subject to the provisions of this section, “a regulated procedure
” for the
purposes of this Part means any experimental or other scientific
procedure applied to a protected animal which may have the effect of
causing that animal pain, suffering, distress or lasting harm.
(2) An experimental or other scientific procedure applied to an animal is
also a regulated procedure if —
(a) it is part of a series or combination of such procedures (whether
the same or different) applied to the same animal; and
(b) the series or combination may have the effect mentioned in
subsection (1); and
(c) the animal is a protected animal throughout the series or
combination or in the course of it attains the stage of its
development when it becomes such an animal.
(3) Anything done for the purpose of, or liable to result in, the birth or
hatching of a protected animal is also a regulated procedure if it may as
respects that animal have the effect mentioned in subsection (1).
(4) In determining whether any procedure may have the effect mentioned in
subsection (1) the use of an anaesthetic or analgesic, decerebration and
any other procedure for rendering an animal insentient shall be
disregarded; and the administration of an anaesthetic or analgesic to a
protected animal, or decerebration or any other such procedure applied
to such an animal, for the purposes of any experimental or other
scientific procedure shall itself be a regulated procedure.
(5) The ringing, tagging or marking of an animal, or the application of any
other humane procedure for the sole purpose of enabling an animal to be
identified, is not a regulated procedure if it causes only momentary pain
or distress and no lasting harm.
(6) The administration of any substance or article to an animal by way of a
medicinal test on animals is not a regulated procedure if the substance or
article is administered in accordance with a Community authorisation or
UK authorisation.14

(7) In subsection (6), ‘medicinal test on animals’ means an investigation or
series of investigations consisting of any of the following —
(a) the administration of a medicinal product or veterinary medicinal
product of a particular description to one or more animals, where
there is evidence that medicinal products or veterinary medicinal
products of that description have effects which may be beneficial
to, or otherwise advantageous in relation to, that animal or those
animals, and the product is administered for the purpose of
Cruelty to Animals Act 1997 Section 13


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ascertaining whether, or to what extent, it has those or any other
effects, whether advantageous or otherwise;
(b) the administration of a medicinal product or veterinary medicinal
product to one or more animals in circumstances where there is
no such evidence as is mentioned in paragraph (a), and the
product is administered for the purpose of ascertaining whether,
or to what extent, it has any effects relevant to a purpose
mentioned in section 1(1) or 31 of the Medicines Act 2003;
(c) the administration of any substance or article, other than a
medicinal product or veterinary medicinal product, to one or
more animals for the purpose of ascertaining whether it has any
effects relevant to a purpose mentioned in the said section 1(1) or
31(1), whether there is evidence that it has effects which may be
beneficial to, or otherwise advantageous in relation to, that animal
or those animals or not.15

(8) Killing a protected animal is a regulated procedure only if —
(a) it is killed for experimental or other scientific use;
(b) the place where it is killed is a designated establishment; and
(c) the method employed is not one appropriate to the animal under
Schedule 2.16

(9) In subsections (6) and (7), ‘Community authorisation’, ‘medicinal
product’, ‘UK authorisation’ and ‘veterinary medicinal product’ have the
same meanings as in the Medicines Act 2003.17

(10) In this section references to a scientific procedure do not include
references to any recognised veterinary, agricultural or animal
husbandry practice.18

(11) Schedule 2 may be amended by order made by the Department.
Personal and project licences
13 Prohibition of unlicensed procedures

[P1986/14/3]
No person shall apply a regulated procedure to an animal unless —
(a) he holds a personal licence qualifying him to apply a regulated
procedure of that description to an animal of that description;
(b) the procedure is applied as part of a programme of work specified
in a project licence authorising the application, as part of that
programme, of a regulated procedure of that description to an
animal of that description; and
(c) the place where the procedure is carried out is a place specified in
the personal licence and the project licence.
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14 Personal licences

[P1986/14/4]
(1) A personal licence is a licence granted by the Department qualifying the
holder to apply specified regulated procedures to animals of specified
descriptions at a specified place or specified places.
(2) An application for a personal licence shall be made to the Department in
such form and shall be supported by such information as it may
reasonably require.
(3) Except where the Department dispenses with the requirements of this
subsection, any such application shall be endorsed by a person who —
(a) is himself the holder of a personal licence or a licence treated as
such a licence by virtue of Schedule 6; and
(b) has knowledge of the biological or other relevant qualifications
and of the training, experience and character of the applicant;
and the person endorsing an application shall, if practicable, be a person
occupying a position of authority at a place where the applicant is to be
authorised by the licence to carry out the procedures specified in it.
(4) No personal licence shall be granted to a person under the age of 18
years.
(5) A personal licence shall continue in force until revoked but the
Department shall review each personal licence granted by it at intervals
not exceeding 5 years and may for that purpose require the holder to
furnish it with such information as it may reasonably require.
15 Project licences

[P1986/14/5]
(1) A project licence is a licence granted by the Department specifying a
programme of work and authorising the application, as part of that
programme, of specified regulated procedures to animals of specified
descriptions at a specified place or specified places.
(2) A project licence shall not be granted except to a person who undertakes
overall responsibility for the programme to be specified in the licence.
(3) A project licence shall not be granted for any programme unless the
Department is satisfied that it is undertaken for one or more of the
following purposes —
(a) the prevention (whether by the testing of any product or
otherwise) or the diagnosis or treatment of disease, ill-health or
abnormality, or their effects, in man, animals or plants;
(b) the assessment, detection, regulation or modification of
physiological conditions in man, animals or plants;
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(c) the protection of the natural environment in the interests of the
health or welfare of man or animals;
(d) the advancement of knowledge in biological or behavioural
sciences;
(e) education or training otherwise than in primary or secondary
schools;
(f) forensic enquiries;
(g) the breeding of animals for experimental or other scientific use.
(4) In determining whether and on what terms to grant a project licence the
Department shall weigh the likely adverse effects on the animals
concerned against the benefit likely to accrue as a result of the
programme to be specified in the licence.
(5) The Department shall not grant a project licence unless it is satisfied that
the applicant has given adequate consideration to the feasibility of
achieving the purpose of the programme to be specified in the licence by
means not involving the use of protected animals.
(6) The Department shall not grant a project licence authorising the use of
cats, dogs, primates or equidae unless it is satisfied that animals of no
other species are suitable for the purposes of the programme to be
specified in the licence or that it is not practicable to obtain animals of
any other species that are suitable for those purposes.
(7) Unless revoked and subject to subsection (8), a project licence shall
continue in force for such period as is specified in the licence and may be
renewed for further periods but (without prejudice to the grant of a new
licence in respect of the programme in question) no such licence shall be
in force for more than 5 years in all.
(8) A project licence shall terminate on the death of the holder but if —
(a) the holder of a certificate under section 16 in respect of a place
specified in the licence; or
(b) where by virtue of subsection (2) of section 16 the licence does not
specify a place in respect of which there is such a certificate, the
holder of a personal licence engaged on the programme in
question,
notifies the Department of the holder’s death within 7 days of its coming
to his knowledge the licence shall, unless the Department otherwise
directs, continue in force until the end of the period of 28 days beginning
with the date of the notification.
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Designated establishments
16 Scientific procedure establishments

[P1986/14/6]
(1) No place shall be specified in a project licence unless it is a place
designated by a certificate issued by the Department under this section
as a scientific procedure establishment.
(2) A certificate under this section shall not be issued in respect of any place
which is not —
(a) an establishment which is operated by a Department or a
Statutory Board; or
(b) an establishment which the Department, after consultation with
the Department of Education and Children, is satisfied is a bona
fide educational establishment.19

(3) An application for a certificate in respect of a scientific procedure
establishment shall be made to the Department in such form and shall be
supported by such information as it may reasonably require.
(4) A certificate shall not be issued under this section —
(a) except to a person occupying a position of authority at the
establishment in question; and
(b) unless the application nominates for inclusion in the certificate
pursuant to subsection (5) a person or persons appearing to the
Department to be suitable for that purpose.
(5) A certificate under this section shall specify —
(a) a person to be responsible for the day-to-day care of the protected
animals kept for experimental or other scientific purposes at the
establishment; and
(b) a veterinary surgeon, or other suitably qualified person to provide
advice on their health and welfare;20

and the same person may, if the Department thinks fit, be specified
under both paragraphs of this subsection.
(6) If it appears to any person specified in a certificate pursuant to
subsection (5) that the health or welfare of any such animal as is
mentioned in that subsection gives rise to concern he shall —
(a) notify the person holding a personal licence who is in charge of
the animal; or
(b) if there is no such person or it is not practicable to notify him, take
steps to ensure that the animal is cared for and, if it is necessary
for it to be killed, that it is killed by a method which is appropriate
under Schedule 2 or approved by the Department.
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(7) In any case to which subsection (6) applies the person specified in the
certificate pursuant to paragraph (a) of subsection (5) may also notify the
person (if different) specified pursuant to paragraph (b) of that
subsection; and the person specified pursuant to either paragraph of that
subsection shall also notify the Chief Veterinary Officer of the
Department.
(8) A certificate under this section shall continue in force until revoked.
17 Breeding and supplying establishments

[P1986/14/7]
(1) A person shall not in any place breed for use in regulated procedures
(whether there or elsewhere) protected animals of a description specified
in Schedule 3 unless that place is designated by a certificate issued by the
Department under this section as a breeding establishment.
(2) A person shall not at any place keep any such protected animals which
have not been bred there but are to be supplied for use elsewhere in
regulated procedures unless that place is designated by a certificate
issued by the Department under this section as a supplying
establishment.
(3) An application for a certificate in respect of a breeding or supplying
establishment shall be made to the Department in such form and shall be
supported by such information as it may reasonably require.
(4) A certificate shall not be issued under this section unless the application
nominates for inclusion in the certificate pursuant to subsection (5) a
person or persons appearing to the Department to be suitable for that
purpose.
(5) A certificate under this section shall specify —
(a) a person to be responsible for the day-to-day care of the animals
bred or kept for breeding at the establishment or, as the case may
be, kept there for the purpose of being supplied for use in
regulated procedures; and
(b) a veterinary surgeon, or other suitably qualified person to provide
advice on their health and welfare;21

and the same person may, if the Department thinks fit, be specified
under both paragraphs of this subsection.
(6) If it appears to any person specified in a certificate pursuant to
subsection (5) that the health or welfare of any such animal as is
mentioned in that subsection gives rise to concern he shall take steps to
ensure that it is cared for and, if it is necessary for it to be killed, that it is
killed by a method which is appropriate under Schedule 2 or approved
by the Department.
Section 18 Cruelty to Animals Act 1997


Page 20 AT 5 of 1997 c

(7) In any case to which subsection (6) applies the person specified in the
certificate pursuant to paragraph (a) of subsection (5) may also notify the
person (if different) specified pursuant to paragraph (b) of that
subsection; and the person specified pursuant to either paragraph of that
subsection shall also notify the Chief Veterinary Officer of the
Department.
(8) A certificate under this section shall continue in force until revoked.
(9) Schedule 3 may be amended by order made by the Department.
18 Fees

[P1986/14/8]
The holder of a certificate issued under section 16 or 17 shall pay such periodical
and other fees to the Department as may be prescribed under the Fees and Duties
Act 1989.
19 Consultation

[P1986/14/9]
(1) Before granting a licence or issuing a certificate under this Act the
Department may consult such persons as it thinks appropriate.
(2) Where the Department proposes to consult anyone it shall notify the
applicant of that fact, and shall have regard to any representations made
by the applicant.
20 Conditions

[P1986/14/10]
(1) Subject to the provisions of this section, a licence or certificate under this
Part may contain such conditions as the Department thinks fit.
(2) The conditions of a personal licence shall include —
(a) a condition to the effect that the holder shall take precautions to
prevent or reduce to the minimum consistent with the purposes of
the authorised procedures any pain, distress or discomfort to the
animals to which those procedures may be applied; and
(b) an inviolable termination condition, that is to say a condition
specifying circumstances in which a protected animal which is
being or has been subjected to a regulated procedure must in
every case be immediately killed by a method appropriate to the
animal under Schedule 2 or by such other method as may be
authorised by the licence.
(3) The conditions of a project licence shall, unless the Department considers
that an exception is justified, include a condition to the effect —
Cruelty to Animals Act 1997 Section 20


c AT 5 of 1997 Page 21

(a) that no cat or dog shall be used under the licence unless it has
been bred at and obtained from a designated breeding
establishment; and
(b) that no other protected animal of a description specified in
Schedule 3 shall be used under the licence unless it has been bred
at a designated breeding establishment or obtained from a
designated supplying establishment; and
(c) that no vertebrate of an endangered species shall be used under
the licence;
but no exception shall be made from the condition required by
paragraph (a) unless the Department is satisfied that no animal suitable
for the purpose of the programme specified in the licence can be
obtained in accordance with that condition and no exception shall be
made from the condition required by paragraph (c) unless the
Department is satisfied that the use of animals of the species in question
will be in conformity with the Council Regulation and that the purposes
of the programme of work specified in the licence are either research
aimed at preservation of the species in question or essential bio-medical
purposes where the species in question exceptionally proves to be the
only one suitable for those purposes.
(4) In subsection (3) —
“endangered species” means a Class A species within the meaning of the
Endangered Species Act 2010
22
;
and
“essential bio-medical purposes” has the same meaning as in Council Directive
No 86/609/EEC, and in subsection (3) ‘the Council Regulation’ means
Council Regulation (EEC) No 3626/82 as amended by Commission
Regulation (EEC) No 869/88 and Commission Regulation (EEC) No
1970/92.
(5) If the conditions of a personal licence permit the holder to use assistants
to perform, under his direction, tasks not requiring technical knowledge
nothing done by an assistant in accordance with such a condition shall
constitute a contravention of section 13.
(6) The conditions of a certificate issued under section 16 shall include a
condition prohibiting the killing otherwise than by a method which is
appropriate under Schedule 2 or approved by the Department of any
protected animal kept at the establishment for experimental or other
scientific purposes but not subjected to a regulated procedure or
required to be killed by virtue of section 25; and the conditions of a
certificate issued under section 17 shall include a condition prohibiting
the killing otherwise than by such a method of an animal of a description
specified in Schedule 3 which is bred or kept for breeding or, as the case
may be, kept at the establishment for the purposes of being supplied for
Section 21 Cruelty to Animals Act 1997


Page 22 AT 5 of 1997 c

use in regulated procedures but not used, or supplied for use, for that
purpose.
(7) The conditions of a certificate issued under section 16 or 17 shall include
conditions requiring the holder of the certificate —
(a) to secure that a person competent to kill animals in the manner
specified by conditions imposed in accordance with subsection (6)
will be available to do so; and
(b) to keep records as respects the source and disposal of and
otherwise relating to the animals kept at the establishment for
experimental or other scientific purposes or, as the case may be,
bred or kept for breeding there or kept there for the purposes of
being supplied for use in regulated procedures.
(8) Breach of a condition in a licence or certificate shall not invalidate the
licence or certificate but shall be a ground for its variation or revocation.
21 Variation and revocation

[P1986/14/11]
A licence or certificate under this Part may be varied or revoked by the
Department —
(a) on the ground mentioned in section 20(8);
(b) in any other case in which it appears to the Department
appropriate to do so; or
(c) at the request of the holder.
22 Right to make representations

[P1986/14/12]
(1) Where the Department proposes —
(a) to refuse a licence or certificate under this Part; or
(b) to vary or revoke such a licence or certificate otherwise than at the
request of the holder,
it shall serve on the applicant or the holder a notice of its intention to
do so.
(2) The notice shall state the reasons for which the Department proposes to
act and give particulars of the rights conferred by subsection (3).
(3) A person on whom a notice is served under subsection (1) may make
written representations and, if desired, oral representations to a person
appointed for that purpose by the Department if before such date as is
specified in the notice (not being less than 28 days after the date of
service) he notifies the Department of his wish to do so.
(4) The holder of a licence or certificate who is dissatisfied with any
condition contained in it may, if he notifies the Department of his wish to
Cruelty to Animals Act 1997 Section 23


c AT 5 of 1997 Page 23

do so, make written representations and, if desired, oral representations
to a person appointed for that purpose by the Department; but the
making of such representations shall not affect the operation of any
condition unless and until it is varied under section 21.
(5) The person appointed to receive any representations under this section
shall be a person who holds or has held judicial office in the Island or an
advocate of at least 10 years standing and the Department may, if it
thinks fit, appoint a person with scientific or other appropriate
qualifications to assist the person receiving the representations in his
consideration of them.
(6) The person appointed to receive any such representations shall after
considering them make a report to the Department; and the Department
shall furnish a copy of the report to the person who made the
representations and take it into account in deciding whether to refuse the
application or to vary or revoke the licence or certificate, as the case may
be.
(7) The Department may by order make rules with respect to the procedure
to be followed in the making and consideration of representations under
this section, including provision requiring any such representations to be
made within a specified time.
(8) A notice under this section may be served either personally or by post.
23 Suspension in cases of urgency

[P1986/14/13]
(1) If it appears to the Department to be urgently necessary for the welfare of
any protected animals that a licence or certificate under this Act should
cease to have effect forthwith it shall by notice served on the holder
suspend its operation for a period not exceeding 3 months.
(2) If during that period a notice of proposed variation or revocation of the
licence or certificate is served under section 22 but at the end of that
period —
(a) the time for notifying the Department under subsection (3) of that
section has not expired; or
(b) representations are to be or are being made in accordance with
that subsection; or
(c) such representations have been made but the Department has not
received or has not completed its consideration of the report of
the person to whom the representations were made,
it may by notice served on the holder further suspend the licence or
certificate until it is able to decide whether to vary or revoke it but no
further suspension shall be for longer than 3 months at a time.
(3) A notice under this section may be served either personally or by post.
Section 24 Cruelty to Animals Act 1997


Page 24 AT 5 of 1997 c

Additional controls
24 Re-use of protected animals

[P1986/14/14]
(1) Where a protected animal —
(a) has been subjected to a series of regulated procedures for a
particular purpose; and
(b) has been given a general anaesthetic for any of those procedures
and allowed to recover consciousness,
it shall not be used for any further regulated procedures.
(2) Subsection (1) shall not preclude the use of an animal with the consent of
the Department if —
(a) the procedure, or each procedure, for which the anaesthetic was
given consisted only of surgical preparation essential for a
subsequent procedure; or
(b) the anaesthetic was administered solely to immobilise the animal;
or
(c) the animal is under general anaesthesia throughout the further
procedures and not allowed to recover consciousness.
(3) Where a protected animal —
(a) has been subjected to a series of regulated procedures for a
particular purpose; but
(b) has not been given a general anaesthetic for any of those
procedures,
it shall not be used for any further regulated procedures except with the
consent of the Department.
(4) Any consent for the purposes of this section may relate to a specified
animal or to animals used in specified procedures or specified
circumstances.
25 Killing animals at conclusion of regulated procedures

[P1986/14/15]
(1) Where a protected animal —
(a) has been subjected to a series of regulated procedures for a
particular purpose; and
(b) at the conclusion of the series is suffering or likely to suffer
adverse effects,
the person who applied those procedures, or the last of them, shall cause
the animal to be immediately killed by a method appropriate to the
Cruelty to Animals Act 1997 Section 26


c AT 5 of 1997 Page 25

animal under Schedule 2 or by such other method as may be authorised
by the personal licence of the person by whom the animal is killed.
(2) Subsection (1) is without prejudice to any condition of a project licence
requiring an animal to be killed at the conclusion of a regulated
procedure in circumstances other than those mentioned in that
subsection.
26 Prohibition of public displays

[P1986/14/16]
(1) No person shall carry out any regulated procedure as an exhibition to the
general public or carry out any such procedure which is shown live on
television for general reception.
(2) No person shall publish a notice or advertisement announcing the
carrying out of any regulated procedure in a manner that would
contravene subsection (1).
27 Neuromuscular blocking agents

[P1986/14/17]
No person shall in the course of a regulated procedure —
(a) use any neuromuscular blocking agent unless expressly
authorised to do so by the personal and project licences under
which the procedure is carried out; or
(b) use any such agent instead of an anaesthetic.
28 Animal undergoing excessive suffering: power of Department, etc

[P1986/14/18(3)]
If the Department or a veterinary officer of the Department considers that a
protected animal is undergoing excessive suffering it or he may require it to be
immediately killed by a method appropriate to the animal under Schedule 2 or
by such other method as may be authorised by any personal licence held by the
person to whom the requirement is addressed.
Miscellaneous provisions
29 Guidance, codes of practice, etc

[P1986/14/21]
(1) The Department may publish information to serve as guidance with
respect to the manner in which it proposes to exercise its power to grant
licences and certificates under this Part and with respect to the
conditions which it proposes to include in such licences and certificates.
Section 30 Cruelty to Animals Act 1997


Page 26 AT 5 of 1997 c

(2) The Department may issue codes of practice as to the care of protected
animals and their use for regulated procedures and may approve such
codes issued by other persons.
(3) The Department may consult with any person before altering any
information under subsection (1) or issuing, approving, altering or
approving any alteration in any code issued or approved under
subsection (2).
(4) A failure on the part of any person to comply with any provision of a
code issued or approved under subsection (2) shall not of itself render
that person liable to criminal or civil proceedings but —
(a) any such code shall be admissible in evidence in any such
proceedings; and
(b) if any of its provisions appears to the court conducting the
proceedings to be relevant to any question arising in the
proceedings it shall be taken into account in determining that
question.
(5) The Department shall lay before Tynwald —
(a) copies of any information published or code issued by it under
subsection (1) or (2) and of any alteration made by it in any such
information or code; and
(b) copies of any code approved by it under subsection (2) and of any
alteration approved by it in any such code.
(6) The Department shall in each year publish and lay before Tynwald
information with respect to the use of protected animals in the previous
year for experimental or other scientific purposes.
30 Penalties for contraventions

[P1986/14/22]
(1) Any person who contravenes section 13 (prohibition of unlicensed
procedures) shall be guilty of an offence and liable —
(a) on conviction on information, to custody for a term not exceeding
2 years or to a fine or to both;
(b) on summary conviction, to custody for a term not exceeding 6
months or to a fine not exceeding £5,000 or to both.
(2) Any person who, being the holder of a project licence —
(a) procures or knowingly permits a person under his control to carry
out a regulated procedure otherwise than as part of the
programme specified in the licence; or
(b) procures or knowingly permits a person under his control to carry
out a regulated procedure otherwise than in accordance with that
person’s personal licence,
Cruelty to Animals Act 1997 Section 31


c AT 5 of 1997 Page 27

shall be guilty of an offence and liable to the penalties specified in
subsection (1).
(3) Any person who —
(a) contravenes section 17(1) or (2), 24, 25, 26 or 27; or
(b) fails to comply with a requirement imposed on him under
section 28,
shall be guilty of an offence and liable on summary conviction to custody
for a term not exceeding 3 months or to a fine not exceeding £2,500 or to
both.
(4) A person shall not be guilty of an offence under section 13 or 27(a) by
reason only that he acted without the authority of a project licence if he
shows that he reasonably believed after making due enquiry, that he had
such authority.
31 False statements

[P1986/14/23]
(1) A person is guilty of an offence if for the purpose of obtaining or
assisting another person to obtain a licence or certificate under this Part
he furnishes information which he knows to be false or misleading in a
material particular or recklessly furnishes information which is false or
misleading in a material particular.
(2) A person guilty of an offence under this section shall be liable on
summary conviction to custody for a term not exceeding 3 months or to a
fine not exceeding £2,500 or to both.
32 Protection of confidential information

[P1986/14/24]
(1) A person is guilty of an offence if otherwise than for the purposes of
discharging his functions under this Part he discloses any information
which has been obtained by him in the exercise of those functions and
which he knows or has reasonable grounds for believing to have been
given in confidence.
(2) A person guilty of an offence under this section shall be liable —
(a) on conviction on information, to custody for a term not exceeding
2 years or to a fine or to both;
(b) on summary conviction, to custody for a term not exceeding 6
months or to a fine not exceeding £5,000 or to both.
(3) No offence is committed under this section where information is
disclosed for the purposes of section 16 by the Department to the
Department of Education and Children or vice versa.23

Section 33 Cruelty to Animals Act 1997


Page 28 AT 5 of 1997 c

33 Prosecutions

[P1986/14/26]
(1) No proceedings for an offence under this Part shall be commenced in the
Island except by or with the consent of the Attorney General.
(2) Notwithstanding section 75 of the Summary Jurisdiction Act 1989, a
complaint relating to a summary offence under this Part may be so tried
if the complaint is made at any time within 3 years after the commission
of the offence and within 6 months after the date on which evidence
sufficient in the opinion of the Attorney General to justify the
proceedings comes to his knowledge.
(3) For the purposes of subsection (2) a certificate of the Attorney General as
to the date on which such evidence as is there mentioned came to his
knowledge shall be conclusive evidence of that fact.
34 Interpretation of Part II

[P1986/14/3O(2)]
In this Part —
“designated
”, in relation to an establishment, means designated by a certificate
under section 16 or 17;
“Manx ship
” has the same meaning as in the Merchant Shipping Registration Act
1991;
“personal licence
” means a licence granted under section 14;
“place
” includes any place within the seaward limits of the territorial waters of
the Island, including any vessel which is a Manx ship;
“project licence
” means a licence granted under section 15;
“protected animal
” has the meaning given in section 11 but subject to any order
under subsection (3) of that section;
“regulated procedure
” has the meaning given in section 12.
PART III – GENERAL AND SUPPLEMENTARY

35 Spring traps

[1966/1]
(1) Subject to subsection (3), a person shall be guilty of an offence under this
subsection if either —
(a) for the purpose of killing or taking animals, he uses, or knowingly
permits the use of, any spring trap; or
(b) he sells, or exposes or offers for sale, any spring trap with a view
to its being used for a purpose which is an offence under
paragraph (a); or
Cruelty to Animals Act 1997 Section 36


c AT 5 of 1997 Page 29

(c) he has any spring trap in his possession for a purpose which is an
offence under paragraph (a) or (b).
(2) A person guilty of an offence under subsection (1) shall be liable on
summary conviction to a fine not exceeding £1,000.
(3) Subsection (1) shall not apply to traps of any description which are
designed or adapted solely for the destruction of rats or mice.
36 Possession of appliances for use in fighting of domestic fowl

[P1952/59/1]
(1) If any person has in his possession any instrument or appliance designed
or adapted for use in connection with the fighting of any domestic fowl,
he shall, if the court be satisfied that he had it in his possession for the
purpose of using it or permitting it to be used in that connection, be
guilty of an offence and shall be liable on summary conviction to a fine
not exceeding £2,500.
(2) Where any person is convicted of an offence under this section, the court
may order any instrument or appliance in respect of which the offence
was committed to be destroyed or dealt with in such other manner as
may be specified in the order.
37 Enforcement of Act

Schedule 4 shall have effect for the enforcement of this Act and for the other
matters specified in that Schedule.
38 Offences by bodies corporate

(1) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
be attributable to neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate or a person who was
purporting to act in such a capacity, he, as well as the body corporate, is
guilty of the offence and liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.
39 Orders

No order under this Act (except an order under section 44) shall come into
operation unless it has been approved by Tynwald.
Section 40 Cruelty to Animals Act 1997


Page 30 AT 5 of 1997 c

40 Expenses

Without prejudice to sections 3(4), 7(2) and 9(4) and paragraph 2(2) of Schedule
4, any expenses incurred by the Department, or by any constable, in the
operation of this Act shall be defrayed out of money provided by Tynwald.
41 Interpretation

In this Act —
“animal
” means an animal of any kind or species other than man;
“cat
” includes kitten;
“the Department
” has the meaning given by section 2(5);
“dog
” includes bitch and puppy;
“fowl
” includes cock, hen, chicken, capon, turkey, goose, gander, duck, drake,
guinea fowl, peacock, peahen, swan and pigeon;
“goat
” includes kid;
“horse
” includes colt, filly, foal, gelding, mare, pony and stallion;
“Part
” includes any Schedule introduced by any provision of that Part;
“pig
” includes boar, hog, sow and piglet;
“sheep
” includes ewe, lamb and ram;
“veterinary surgeon
” has the meaning given by section 1(1) of the Veterinary
Surgeons Act 2005.24

42 Amendments

The enactments mentioned in Schedule 5 shall be amended in accordance with
that Schedule.
43 Transitional provisions and repeals

(1) The transitional provisions and savings in Schedule 6 shall have effect.
(2) The enactments mentioned in Schedule 7 are repealed to the extent
specified in the third column of that Schedule.
44 Short title and commencement

(1) This Act may be cited as the Cruelty to Animals Act 1997.
(2) This Act shall come into force on such day as the Department may by
order appoint and different days may be so appointed for different
provisions and for different purposes.25

Cruelty to Animals Act 1997 Schedule 1



c AT 5 of 1997 Page 31

SCHEDULE 1

EXCEPTED OPERATIONS

Section 2(4) and (5)
1. Any experiment duly authorised under Part II.
2. The rendering in emergency of first aid for the purpose of saving life or
relieving pain.
3. The amputation of the dew claws of a dog before its eyes are open.
4. (1) The castration of a male animal specified in the following table before it
has reached the age so specified, that is to say —
bull 2 months
Sheep 3 months
goat 2 months
pig 1 month
(2) Sub-paragraph (1) shall not apply to the castration of an animal by using
a rubber ring or other device to constrict or restrict the flow of blood to the scrotum
unless the device is applied within the first week of life.
(3) Sub-paragraph (1) shall not apply to the castration of an animal by using
a device known as a Burdizzo or a device having a similar effect, unless the device is
applied within the first week of life.
5. Any minor operation performed by a veterinary surgeon, being an operation
which, by reason of its quickness or painlessness, is customarily so performed without
the use of an anaesthetic.26

6. Any minor operation, whether performed by a veterinary surgeon or by some
other person, being an operation which is not customarily performed only by such a
surgeon.27

7. (1) Paragraphs 5 and 6 shall not in any circumstances permit —
(a) the castration of a male animal (but without prejudice to the
circumstances in which castration is permitted by paragraph 4);
(b) the de-horning of cattle;
(c) the dis-budding of calves, except by means of chemical
cauterisation applied within the first week of life; or
(d) the docking of lambs’ tails by using a rubber ring or other device
to constrict the flow of blood to the tail, unless the device is
applied within the first week of life.
Schedule 2
Cruelty to Animals Act 1997


Page 32 AT 5 of 1997 c

(2) In this paragraph, ‘cattle’ means bulls, bullocks, cows, heifers and calves.
8. Nothing in this Schedule shall authorise the performance of any operation by a
person under the age of 18 years, unless he has attained the age of 16 years and is
supervised by a person who has attained the age of 18 years.
SCHEDULE 2

STANDARD METHODS OF HUMANE KILLING

Sections 12, 16, 17, 20, 25(1) and 28
Method Animals for which appropriate

A. Animals other than foetal, larval
and embryonic forms

1. Overdose of anaesthetic suitable for
the species-

(i) by injection (i) All animals.
(ii) by inhalation (ii) All animals up to 1 kg body weight reptiles,
diving birds and diving mammals.
(iii) by immersion. (Followed by
destruction of the brain in cold-
blooded vertebrates and by
exsanguination or by dislocation of the
neck in warm blooded vertebrates
except where rigor mortis has been
confirmed).
(iii) Fishes Amphibian up to 250g bodyweight.
2. Dislocation of the neck.(Followed by
the destruction of the brain in fishes).
Rodents up to 500g bodyweight other than guinea-
pigs.
Guinea-pigs and lagomorphs up to 1 kg
bodyweight.
Birds up to 3 kg bodyweight.
Fishes up to 250g bodyweight.
3. Concussion by striking the back of
the head. (Followed by exsanguination
or dislocation of the neck in rodents
and birds and destruction of the brain
in fishes).
Rodents up to 1 kg bodyweight.
Birds up to 250g bodyweight.
Fishes.
4. Decapitation followed by
destruction of the brain.
Cold-blooded vertebrates.
5. Exposure to carbon dioxide in a
rising concentration using a suitable
technique followed by exsanguination
or by dislocation of the neck except
where rigor mortis has been
confirmed.
Rodents over 10 days of age up to 11/2 kg
bodyweight.
Birds over 1 week of age up to 3 kg bodyweight.
B. Foetal, larval and embryonic forms
1. Overdose of anaesthetic suitable for
the species
(i) by injection

(i) All animals.
(ii) Fishes Amphibia.
Cruelty to Animals Act 1997 Schedule 3



c AT 5 of 1997 Page 33

Method Animals for which appropriate

(ii) by immersion.
2. Decapitation. Mammals.

C. Invertebrates

1. Overdose of anaesthetic suitable for
species.
(i) by immersion
(ii) by exposure to vapour.

(i) Aquatic species, Annelids, molluscs,
helminths.
(ii) Insects, Arachnids, Annelids.
2. Rapid freezing. All susceptible invertebrates.
3. Boiling. All invertebrates.
4. Rapid crushing. Small insects, Arachnids, and aquatic species.
5. Decapitation. Cephalopod molluscs.
6. Pithing. Octopoda.
7. Sectioning of ventral nerve cords/
central nervous system.
Molluscs, Crustaceans.
SCHEDULE 3

ANIMALS TO BE OBTAINED ONLY FROM DESIGNATED

BREEDING OR SUPPLYING ESTABLISHMENTS

Sections 17 and 20
Mouse
Rat
Guinea-pig
Hamster
Rabbit
Dog
Cat
Primate
Any bird of the species Coturnix coturnix (quail).


Schedule 4
Cruelty to Animals Act 1997


Page 34 AT 5 of 1997 c

SCHEDULE 4

ENFORCEMENT OF ACT

Section 37
Powers of constable
1. A constable may arrest without warrant any person whom he has reasonable
grounds for believing to be guilty of an offence under section 1.
2. (1) Where a person having charge of a vehicle or animal is arrested by a
constable pursuant to paragraph 1, that constable, or any other constable, may take
charge of the vehicle or animal and deposit the same in a place of safe custody pending
the determination of the proceedings or until the court before which the proceedings
are brought otherwise directs.
(2) The costs of detaining a vehicle or animal pursuant to sub-paragraph (1),
including the reasonable costs of any veterinary treatment, where such treatment is
required, shall, in the event of a conviction for an offence under section 1 in respect of
an animal —
(a) except where the owner of the animal is so convicted, be
recoverable summarily as a civil debt from that owner by the
prosecutor;
(b) where the owner of the animal is so convicted, be part of the costs
of the case.
Powers of entry
3. (1) If a constable has reasonable grounds for believing —
(a) that an offence under section 1 has been or is being committed in
respect of an animal in any place (including a dwelling); and
(b) that there is an immediate need to reduce the suffering of the
animal,
he may enter that place, if need be by such force as is reasonably
necessary, for the purpose of locating the animal and taking such action
as is necessary to reduce its suffering.
(2) A constable entering premises under sub-paragraph (1) may take with
him a veterinary surgeon or such other persons as he thinks necessary.28

(3) On leaving unoccupied premises that a constable has entered under sub-
paragraph (1) he shall leave them as effectually secured against trespassers as he found
them.
(4) Any person who intentionally obstructs a constable in the exercise of his
powers under this paragraph shall be guilty of an offence and liable on summary
Cruelty to Animals Act 1997 Schedule 4



c AT 5 of 1997 Page 35

conviction to custody for a term not exceeding 6 months or to a fine not exceeding
£5,000 or to both.
4. (1) If a justice of the peace is satisfied by information on oath that there are
reasonable grounds for believing that an offence under section 1 or Part II has been or
is being committed at any place (including a dwelling), he may issue a warrant
authorising a constable to enter that place if need be by such force as is reasonably
necessary, to search it and to require any person found there to give his name and
address.
(2) A warrant under this paragraph may authorise a constable to be
accompanied by a veterinary surgeon and shall require him to be accompanied by an
officer of the Department if the place in question is a designated establishment for the
purposes of Part II.29

(3) On leaving unoccupied premises that a constable has entered under a
warrant issued under this paragraph he shall leave them as effectually secured against
trespassers as he found them.
(4) Any person who —
(a) intentionally obstructs a constable or an officer in the exercise of
his powers under this paragraph; or
(b) refuses on demand to give his name and address or gives a false
name or address,
shall be guilty of an offence and liable on summary conviction to
custody for a term not exceeding 6 months or to a fine not
exceeding £5,000 or to both.
Summonses to employers
5. Where proceedings are instituted for an offence under section 1 against the
driver or conductor of any vehicle, the court before which the proceedings were
instituted may issue a summons directed to the employer of the driver or, as the case
may be, of the conductor requiring the employer, if it is in his power to do so, to
produce the driver or, as the case may be, the conductor at the hearing of the case.
6. Where proceedings are instituted for an offence under section 1 in respect of
any animal, the court before which the proceedings were instituted may issue a
summons directed to the owner of the animal requiring him to produce the animal at,
or (if so stated in the summons) at any time before, the hearing of the case, so that the
animal may be inspected by the court.
7. (1) Where —
(a) an employer fails, without reasonable cause, to comply with a
summons under paragraph 5; or
(b) an owner fails, without reasonable cause, to comply with a
summons under paragraph 6,
Schedule 5
Cruelty to Animals Act 1997


Page 36 AT 5 of 1997 c

he shall be guilty of an offence and shall be liable —
(i) to a fine not exceeding £500;
(ii) to pay the costs of any adjournment resulting from his
failure to comply with the summons.
(2) It shall be a defence to a charge of having failed to comply with a
summons under paragraph 6, for the person charged to satisfy the court before which
the proceedings against him are brought that the production of the animal pursuant to
the warrant could not have been effected without cruelty to the animal.
SCHEDULE 5

AMENDMENT OF ENACTMENTS

Section 42
[Sch 5 amends the following Acts —
Riding Establishments (Inspection) Act 1968 q.v.
Animal Boarding Establishments (Isle of Man) Act 1973 q.v.
Summary Jurisdiction Act 1989 q.v.]
SCHEDULE 6

TRANSITIONAL AND SAVING PROVISIONS

Section 14, 43(1)
Existing licences
1. Any licence which immediately before the coming into force of Part II is in force
under the Cruelty to Animals Act 1945 (in this Schedule referred to as ‘the 1945 Act’)
shall until such date as it would have expired under that Act be treated for the
purposes of this Act as if it were a personal licence.
Current experiments
2. Any experiment or series of experiments which is lawfully in progress under
the 1945 Act immediately before the coming into force of Part II shall be treated for the
purposes of Part II as authorised by a project licence.
Existing certificates
3. A person shall not by virtue of paragraphs 1 or 2 be entitled to do anything
which would have been unlawful under the 1945 Act without such a certificate as is
mentioned in paragraph (2) or (3) of the proviso to section 3 of that Act or in section 5
of that Act unless immediately before the coming into force of Part II he holds the
appropriate certificate under that Act.
Cruelty to Animals Act 1997 Schedule 7



c AT 5 of 1997 Page 37

Registered premises
4. Until such date as the Department may direct there shall be treated as a
designated scientific procedure establishment for the purposes of this Act any place
registered under the 1945 Act or approved by the Department.
SCHEDULE 7

ENACTMENTS REPEALED

Section 43(2)
[Sch 7 repeals the following Acts wholly —
Cruelty to Animals Act 1925
Cruelty to Animals Act 1945
Cruelty to Animals Act 1955
Cruelty to Animals (Abandonment) Act 1960
Cruelty to Animals (Anaesthetics) Act 1965
Cruelty to Animals (Spring Traps) Act 1966
Cruelty to Animals (Spring Traps) Act 1967
Cruelty to Animals (Spring Traps) Act 1971
and the following Acts in part —
Pinfolds Act 1963
Animal Offences Act 1976
Fines Act 1986
Transfer of Governor’s Functions Act 1992
Statute Law Revision Act 1992.]
Cruelty to Animals Act 1997 Endnotes


c AT 5 of 1997 Page 39

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 2
Para (c) amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 3
Para (d) amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 4
Para (h) amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 5
Para (k) amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 6
S 1 amended by Agriculture (Miscellaneous Provisions) Act 2003 s 3. 7
Subs (5) amended by SD155/10 Sch 3. 8
Subs (3) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 9
Subs (1) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 10
Subs (2) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 11
Subs (3) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 12
Subs (3A) inserted by Police Powers and Procedures Act 1998 Sch 4. 13
Subs (4) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 14
Subs (6) substituted by Medicines Act 2003 Sch 3. 15
Subs (7) inserted by Medicines Act 2003 Sch 3. 16
Original subs (7). 17
Subs (8) inserted by Medicines Act 2003 Sch 3. 18
Original subs (8). 19
Para (b) amended by SD155/10 Sch 10. 20
Para (b) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 21
Para (b) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 22
Definition of “endangered species” substituted by Endangered Species Act 2010 Sch
4.
Endnotes Cruelty to Animals Act 1997


Page 40 AT 5 of 1997 c

23
Subs (3) amended by SD155/10 Sch 10. 24
Definition of ‘veterinary surgeon’, previously definition of ‘veterinary practitioner’
and ‘veterinary surgeon’, substituted by Veterinary Surgeons Act 2005 Sch 2. 25
ADO (whole Act) 1/5/1998 (SD200/98). 26
Para 5 amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 27
Para 6 amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 28
Subpara (2) amended by Veterinary Surgeons Act 2005 Schs 2 and 3. 29
Subpara (2) amended by Veterinary Surgeons Act 2005 Schs 2 and 3.