Under the Animal Welfare Act 2006 (the 2006 Act), local authorities, the Animal and Plant Health Agency, and the police have powers to investigate allegations of animal cruelty or poor welfare (including power of entry to inspect premises).
Where animal welfare offences have occurred, there are various enforcement options available, ranging from advice and guidance, warning letters or statutory notices, improvement notices to regulatory actions, and prosecution.

There are also strict penalties in place. The Animal Welfare (Sentencing) Act 2021 introduced a maximum sentence of five years imprisonment and/or an unlimited fine for animal cruelty offences, including causing unnecessary suffering. The addition of penalty notices under the Animals (Penalty Notices) Act 2022 has also helped to bring in a middle ground deterrent that provides a financial penalty of up to £5000. Penalty notices could be issued for offences such as animals living in a poor environment or animal breeders operating without a licence.

There are also powers under Section 18 of the 2006 Act that allow police and local authority inspectors to seize an animal if a veterinary surgeon certifies that the animal is suffering or is likely to suffer if its circumstances do not change. The police or inspector may act without veterinary certification if it is not reasonably practicable to wait for a veterinary surgeon. They may also take such steps as are immediately necessary to alleviate that suffering, such as arrange for veterinary treatment. If further steps are needed, for example further veterinary treatment or the rehoming of the animal, a court order may be applied for.

Local authorities will often work in close partnership with others, including animal welfare charities, such as the RSPCA and World Horse Welfare, to ensure that the welfare of animals is protected. Local authorities must be allowed to decide how to enforce the 2006 Act based on local priorities and resources.

The 2006 Act is backed up by codes of practice for the welfare of certain animals, including dogs (https://www.gov.uk/government/publications/code-of-practice-for-the-welfare-of-dogs) The Code of Practice for the Welfare of Dogs provides owners and keepers of dogs with information on how to meet the welfare needs of their animals, as required by the 2006 Act. Breach of a provision of these codes is not an offence itself but if proceedings are brought against someone for an offence under the 2006 Act, the Court will look at whether or not they have complied with the relevant code in deciding whether they have committed an offence. 

In relation to dog breeding, under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, (the 2018 Regulations) anyone in the business of breeding and selling dogs and/or who breeds three or more litters in a twelve-month period needs to have a valid licence from their local authority. Licensees must meet strict statutory minimum welfare standards, which are enforced by local authorities who have powers to issue, refuse, vary or revoke licences.  

The supporting guidance to the 2018 Regulations is statutory, which means that local authorities must have regard to it. This aims to improve consistency in interpretation and application of the licensing regime across England. The guidance recommends that local authorities should maintain a list of licensed dog breeders and their associated ratings on their websites.

DEFRA has completed a post-implementation review of the 2018 Regulations in line with the requirements of the Regulations’ review clause. The report into the review can be found here: https://www.legislation.gov.uk/uksi/2018/486/impacts. The Government is considering the report’s findings and will be outlining more detail on next steps in due course.

Regarding the impacts of the ban on XL Bully type dogs, it is important to note that this ban followed an unacceptable increase in dog attacks and the disproportionate involvement of XL Bullies in this rise. The ban on XL bullies is an important measure to protect public safety and this Government is committed to ensuring that the ban is fully implemented and enforced to safeguard our communities from dangerous dogs. DEFRA continues to engage closely with the Police, local authorities, and rescue and rehoming organisations to monitor the impacts of the XL Bully dog ban.

More broadly, DEFRA continues to work with the police, local authorities and animal welfare groups to encourage responsible dog ownership. As part of this work, the Government has reconvened the Responsible Dog Ownership Taskforce. The taskforce will explore how education and training (for both dogs and their owners), enforcement practices, and improved data collection and recording can promote more responsible dog ownership.

Department for Environment, Food and Rural Affairs