vets and the law

Person qualified by their knowledge / experience / qualifications to provide an
independent unbiased opinion of the veterinary issues
support. give pros and cons of different outcomes

vet / RVN who saw the animal
• e.g. level of care / illness / next steps to be taken
• Called to tell ‘what they saw’ and ‘what they did’
not biased

Animal Welfare Act 2006
Dangerous Dogs Act 1991
Welfare of Animals (Transport) Order 2006
Welfare at Time of Killing 2015
Welfare of Farmed Animals Regulations 2007
Animals (Scientific Procedures) Act 1986
Hunting Act 2004
Deer Act 1991
Countryside and Wildlife Act 1981
Protection of Badgers Act 1992

Own or possess an XL Bully dog- unlessvalid Certificate of Exemption
Sell them
Abandon/ let it stray
Give away
Breed
Have an XL Bully in public without a lead and muzzle

any dog that's 'dangerously out of control’.
• The dog has either caused injury to a person or assistance dog
• Or it's feared the dog might cause an injury - this is very subjective
Applies to all dog breeds and types, not just banned breeds

Police and local authorities have the power to seize dangerous dogs and prosecute
owners.
Dog behaviour is assessed by police dog legislation officer or accredited canine
behaviourist
• At the dog’s home
• At a kennel if the dog has been seized

causing or allowing animal to suffer unnecessarily
• Physical or mental pain that could have reasonably been avoided, or reduced
• Commission e.g. physical violence, illegal mutilation, poisoning
• Omission eg starvation, untreated disease

not meeting the needs of the animal
• More open to opinion – how do we define animal ‘needs’

seizure / destruction of animals:
• The Police or an Inspector under the Act (on the authority of a
veterinary surgeon)
▪ Certificate needed unless no reasonable alternative to destruction
OR it is not reasonably practicable to wait for a vet
• In emergency circumstances → anyone !

1. certify only when:
a) within their own knowledge;
b) ascertained by them personally;
c) supporting evidence from another authorised veterinarian
d) subject of checks carried out by an Officially Authorised Person

2. no conflict of interest.

3. in a language they understand.

4. should not certify that there has been compliance with the law of another
country or jurisdiction: unless the provisions of that law are set out clearly or by the Competent Authority in writing.

5. only sign original certificates. if requirement for a certified copy or duplicate (marked as such) these can be provided

6. should ensure that:
a) no deletions or alterations, unless indicated allowed on the certificate, and changes being initialled and stamped by the certifying veterinarian;
b) no section left incomplete;
c) not only their signature but also, in clear lettering, their name, qualifications and address and (where appropriate) their official or practice stamps;
d) date signed and issued and the time for which will remain valid.

7. simple terms which are easy to understand

8. clear and concise, integrated, whole and indivisible, given a unique identifier, and copied and retained with all relevant records.

9. not use words or phrases with more than one interpretation

10. identify the subject being certified.

Tort = civil wrong for which there must be a remedy

Personal injury

Clinical negligence

Misrepresentation

Conduct that falls below the expected standard of a reasonably competent
professional.
Errors in clinical judgement or execution resulting in harm.
Misdiagnosis, performing a surgery incorrectly, or administering the wrong
dosage.

Resolved via civil courts
Financial compensation awarded to the owner for quantifiable losses.

Conduct that falls far below the expected standards of the profession.
Issues of character, honesty, and professional ethics
Fraud, dishonesty, falsifying records, practicing under the influence, or gross recklessness.

Resolved via RCVS
Disciplinary action, such as suspension or being struck off the professional register

Legal and professional obligation of veterinary staff to provide a standard of competence and care that prevents foreseeable harm to animal patients and their owners.

• Standard of competence= normal skill, judgment, and diligence expected
• Shared responsibility= vet treat, owners retain a legal welfare duty; vets must inform owners of consequences if advice is ignored.
• Under care requirements= accepting responsibility for an animal's health, obligations like providing 24/7 emergency cover access