No, this isn’t about the never ending rain. It’s about a consultation exercise on new codes of practices for cats, dogs and horses, announced by Environment Secretary Hilary Benn. The purpose is to offer practical advice on pet ownership and help pet owners to better understand their duties under the Animal Welfare Act 2006.
Three codes are up for comment, one each for cats, dogs and horses. The content of each code is unremarkable, with sensible advice on environment, diet, behaviour, health and welfare, safety, travel, and so on. So far so good, and they fit in well with any other practical ‘How to look after your pet’ series of guide books.

But there is an edge to these codes. They are not just to be taken or left as pet owners choose. In announcing the consultation exercise, Hilary Benn said “The Animal Welfare Act 2006 has been the most important piece of animal legislation for nearly a century. Animals are now afforded greater protection than ever before. These three new codes of practice will outline the responsibilities of owners under the Act and give practical advice on how to fulfil them. This means no one will be able to claim ignorance as an excuse for mistreating any animal.” The codes warn that “You should not cause any unnecessary suffering to your animal; this could constitute a serious offence under the Act.”

To remove any further doubt, each code has an annex which spells out the relevant sections of the Act:-

Unnecessary suffering
(1) A person commits an offence if -
(a) an act of his, or a failure of his to act, causes an animal to suffer,
(b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
(c) the animal is a protected animal, and
(d) the suffering is unnecessary.
(2) A person commits an offence if -
(a) he is responsible for an animal,
(b) an act, or failure to act, of another person causes the animal to suffer,
(c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and
(d) the suffering is unnecessary.

Enabling Provision: s.4 Animal Welfare Act 2006
Triable Status: Summarily only.
Max. Sentence Summary: 51 weeks, or a fine not exceeding £20,000,
or both.
Possible defence: s.58 Animal Welfare Act 2006: Scientific research
(1) Nothing in this Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 (c14).

Duty of person responsible for animal to ensure welfare
(1) A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.

Enabling Provision: s.9 Animal Welfare Act 2006
Triable Status: Summarily only.
Max. Sentence Summary: 51 weeks, or a fine not exceeding level 5 on the standard scale, or both
Possible defence: s.58 Animal Welfare Act 2006: Scientific research
(1) Nothing in this Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 (c14)

(See Criminal Offences Handbook (Anya Publishing), pp 18/19 & 30).
You have six weeks left if you want to take part in this consultation exercise. Details of the exercise and the text of the three codes can be found at
http://www.defra.gov.uk/news/2008/081104a.htm