Tail Docking - Working Dogs

[Russell]

Found these while looking for info on tail docking. There is also some more info on here, but this covers more than just tail docking :-

http://www.defra.gov.uk/corporate/consult/dogtail-mutilation/summaryresponses.pdf

 

 

The text below is copied from :-

http://www.opsi.gov.uk/SI/si2007/draft/ukdsi_9780110757780_en.pdf

 

Draft Regulations laid before Parliament under section 61(2) of the Animal Welfare Act 2006, for

approval by a resolution of each House of Parliament.

D R A F T S T A T U T O R Y I N S T R U M E N T S

2007 No. 0000

ANIMALS, ENGLAND

ANIMAL WELFARE

The Docking of Working Dogs’ Tails (England) Regulations

2007

Made - - - - 2007

Coming into force - - 6th April 2007

The Secretary of State, as the appropriate national authority in relation to England, makes the

following Regulations in exercise of the powers conferred by section 6(4), (5), (6), (8) and (14) of

the Animal Welfare Act 2006(a).

In accordance with section 6(15) of that Act, the Secretary of State has consulted those persons

appearing to him to represent interests with which these Regulations are concerned as he

considered appropriate.

In accordance with section 61(2) of that Act, a draft of this instrument has been laid before

Parliament and approved by a resolution of each House of Parliament.

Title, commencement and application

1. These Regulations—

(a) may be cited as the Docking of Working Dogs’ Tails (England) Regulations 2007;

( come into force on 6th April 2007;

© apply in England only.

Interpretation

2. In these Regulations—

“armed forces identification†means evidence that the person presenting the identification is a

member of one of Her Majesty’s armed forces, or is otherwise employed by or contracted to

work for one of Her Majesty’s armed forces;

“club official†means a person who serves a shoot club in an official capacity;

(a) 2006 c.45. The appropriate national authority is defined in section 62(1) of the Act.

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“emergency rescue identification†means evidence that the person presenting the identification

is a member of a body providing an emergency rescue service;

“gamekeeper†means a person engaged by a person with shooting rights to preserve, protect or

rear animals and to manage or assist with the management of a shoot;

“HMRC identification†means evidence that the person presenting the identification is an

employee of Her Majesty’s Revenue & Customs;

“land-occupier†means a person who occupies land where a shoot takes place;

“person with shooting rights†means an owner or lessee of shooting rights;

“police identification†means evidence that the person presenting the identification is a police

officer, or is otherwise employed by or contracted to work for a police authority;

“prison service identification†means evidence that the person presenting the identification is

an authorised employee of either Her Majesty’s Prison Service or of an organisation

contracted to provide custodial services on behalf of the Secretary of State;

“shoot†means an occasion on which animals are shot for sporting purposes;

“shoot organiser†means any person responsible for the overall organisation of a shoot;

“specified type of work†means work in connection with law enforcement, activities of Her

Majesty’s armed forces, emergency rescue, lawful pest control, or the lawful shooting of

animals.

Certification requirements

3.—(1) A veterinary surgeon may certify that he has seen evidence that a dog is likely to be used

for a specified type of work and is a dog of a specified type, where—

(a) he is satisfied that the dam of the dog is of one or more of the types specified in Schedule

1;

( he reasonably believes that the dog is not more than 5 days old; and

© the owner of the dog, or another person whom he reasonably believes to be representing

the owner, has shown him the evidence specified in paragraph (2).

(2) The evidence is—

(a) the dam of the dog;

(:o a completed statement, signed and dated by the owner of the dog or by another person

whom the veterinary surgeon to whom it is presented reasonably believes to be

representing the owner, made in paragraph 3 of a certificate in the form prescribed in

Schedule 2; and

© one of the following—

(i) where the dog is presented for certification on behalf of one of Her Majesty’s armed

forces, armed forces identification;

(ii) where the dog is presented for certification on behalf of a body providing an

emergency rescue service, emergency rescue identification;

(iii) where the dog is presented for certification on behalf of a police authority, police

identification;

(iv) where the dog is presented for certification on behalf of Her Majesty’s Prison

Service or of an organisation contracted to provide custodial services on behalf of the

Secretary of State, prison service identification;

(v) where the dog is presented for certification on behalf of Her Majesty’s Revenue &

Customs, HMRC identification;

(vi) evidence that the owner of the dog, or an agent or employee of the owner most likely

to be using the dog, will be using the dog for work in connection with lawful pest

control;

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(vii) a current shotgun or firearm certificate issued to the owner of the dog, or to the agent

or employee of the owner most likely to be using the dog for work in connection

with the lawful shooting of animals;

(viii) a letter from a gamekeeper, a land-occupier (or his agent), a person with shooting

rights, a shoot organiser, a club official, a person representing the National Working

Terrier Federation, or a person engaged in lawful pest control, stating that the

breeder of the dog whose tail is to be docked is known to him and that dogs bred by

that breeder have been used (as the case may be) on his land, or in his shoot, or for

pest control.

(3) Any certification given under paragraph (1) shall be made in paragraph 1 of a certificate in

the form prescribed in Schedule 2.

Identification of docked dogs

4.—(1) In order to be identified as a subsection (3) dog as required by section 6(8) of the

Animal Welfare Act 2006 a dog must be microchipped—

(a) by a veterinary surgeon or a veterinary nurse acting under the supervision of a veterinary

surgeon; and

( using a microchip which complies with either ISO standard 11784 or Annex A to ISO

standard 11785 of the International Standards Organisation’s standards for microchips(a).

(2) A dog may only be microchipped for the purposes of these Regulations after the owner, or a

person whom the veterinary surgeon who is to carry out or supervise the microchipping

reasonably believes to be representing the owner, has made a signed and dated statement in

paragraph 4 of a certificate in the form prescribed in Schedule 2.

(3) The veterinary surgeon who carries out or supervises the microchipping must certify that fact

in paragraph 2 of a certificate in the form prescribed in Schedule 2.

Minister of State

Date Department for Environment, Food and Rural Affairs

SCHEDULE 1 Regulation 3(1)(a)

Specified Types of Dog

Hunt point retrieve breeds of any type or combination of types.

Spaniels of any type or combination of types.

Terriers of any type or combination of types.

(a) ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211,

Geneva 20, Switzerland.

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SCHEDULE 2 Regulations 3 and 4

Form of Certificate

“ANIMAL WELFARE ACT 2006, section 6

The Docking of Working Dogs’ Tails (England) Regulations 2007

To be completed by the veterinary surgeon signing below—

1. I, [iNSERT NAME], confirm that I have seen the following evidence required by the Docking

of Working Dogs’ Tails (England) Regulations 2007 to show that the dog whose tail is to be

docked (“the dogâ€) by me on [iNSERT DATE] is likely to be used for work in connection with an

activity specified in paragraph 5 below and is of one or more of the types specified in paragraph 6

below:

the dam of the dog;

the statement made in paragraph 3 of this certificate, signed and dated by the owner of the

dog or by a person whom I believe to be representing the owner; and

one of the following—

armed forces identification;

emergency rescue identification;

police identification;

prison service identification;

HMRC identification;

evidence that the owner of the dog, or an agent or employee of the owner most likely

to be using the dog, will be using the dog for work in connection with lawful pest

control;

a current shotgun or firearm certificate issued to the owner of the dog, or to the agent

or employee of the owner most likely to be using the dog for work in connection

with the lawful shooting of animals;

a letter from a gamekeeper, a land-occupier (or his agent), a person with shooting

rights, a shoot organiser, a club official, a person representing the National Working

Terrier Federation, or a person engaged in lawful pest control, stating that the

breeder of the dog whose tail is to be docked is known to him and that dogs bred by

that breeder have been used on his land, or in his shoot, or for pest control.

Signature of Veterinary Surgeon:

Name:

Address of Veterinary Surgeon’s Practice:

To be completed by the veterinary surgeon signing below on the day on which microchipping of

the dog takes place—

2. I [iNSERT NAME] confirm that on [iNSERT DATE] either I have, or a veterinary nurse

acting under my supervision has, inserted a microchip into a dog:

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whose tail I have docked on the same day.*

that the owner or a person whom I believe to be representing the owner has presented to me as the

dog whose tail was docked on [DATE] by the veterinary surgeon who signed the certificate in

paragraph 1 above.*

(*delete whichever is inapplicable)

The microchip reading is [iNSERT MICROCHIP READING].

Signature of Veterinary Surgeon:

Name:

Address of Veterinary Surgeon’s Practice:

Statement to be completed by the owner of the dog or by a person authorised by the owner to

represent him—

3. I, [iNSERT NAME], confirm that:

I am [authorised to represent]* the owner of the dog whose tail is to be docked on [iNSERT

DATE] by the veterinary surgeon signing the certificate in paragraph 1 above.

I confirm that the dam of the dog is of one or more of the types specified in paragraph 6.

I confirm that the dog was born on [iNSERT DATE].

I confirm that it is intended that the dog be:

used for work in connection with an activity specified in paragraph 5.*

sold for use in work in connection with an activity specified in paragraph 5.*

(*delete whichever is inapplicable)

I confirm that to the best of my knowledge and belief the evidence I am showing to obtain this

certificate is true and accurate.

I am aware that it is an offence knowingly to give false information to a veterinary surgeon in

connection with the giving of a certificate for the purposes of section 6 of the Animal Welfare Act

2006.

Signature of owner of the dog or of the person authorised to represent him:

Name

Address

4. I, [iNSERT NAME], confirm that:

I am [authorised to represent]* the owner of the dog to be microchipped on [iNSERT DATE] by,

or under the supervision of, the veterinary surgeon signing the certificate in paragraph 2 above.

(*delete if inapplicable)

I confirm that to the best of my knowledge and belief the dog I am presenting for microchipping

today is the same dog whose tail was docked on [DATE] and in relation to which paragraphs 1

and 3 of this certificate were completed.

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I am aware that it is an offence knowingly to give false information to a veterinary surgeon in

connection with the giving of a certificate for the purposes of section 6 of the Animal Welfare Act

2006.

Signature of owner of the dog or of the person authorised to represent him:

Name

Address

5. Specified activities—

law enforcement;

activities of Her Majesty’s armed forces;

emergency rescue;

lawful pest control;

the lawful shooting of animals.

6. Specified Types of Dog

Hunt point retrieve breeds of any type or combination of types.

Spaniels of any type or combination of types.

Terriers of any type or combination of types.’’.

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Under section 6 of the Animal Welfare Act 2006 (c.45), working dogs may be exempted by

regulations from the prohibition upon the removal of the whole or any part of a dog’s tail,

otherwise than for the purpose of its medical treatment.

Regulation 3 sets out the requirements to be observed before a veterinary surgeon may certify that

the dog is a working dog. Regulation 3(1)(a) and Schedule 1 specify the types of dog that are

capable of being certified, and regulation 3(1)© and (2) describes the further evidence

(concerning the likelihood that the dog will be used for certain work) that is required to be shown

to a veterinary surgeon in order to obtain such a certificate. Regulation 4 prescribes the way in

which a dog whose tail is docked is to be identified by microchipping. Schedule 2 prescribes the

form in which the certificate is to be given.

A regulatory impact assessment has been prepared for these Regulations and placed in the library

of each House of Parliament; copies can be obtained from the Animal Welfare Division,

Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.