“animal welfare legislation” means this Law and Orders made under this Law and Regulations or Orders dealing with animal welfare made under the European Union Legislation (Implementation) (Jersey) Law 2014;

“child” means a person under 16 years old;

“improvement notice” has the meaning given in Article 12(1);

“inspector” means the States Veterinary Officer and any person appointed by the Minister under Article 21 and, to the extent provided by Article 25, a police officer;

“licence” means a licence or similar authorisation granted under animal welfare legislation;

“Minister” means the Minister for the Environment;

“premises” includes land;

“States Veterinary Officer” means the person appointed under Article 5 of the Animal Health (Jersey) Law 2016 and any person appointed to carry out the functions of the States Veterinary Officer under Article 5(2) of that Law;

“suffering” means physical or mental suffering or both;

“vehicle” includes –

(a) every means of transport by land, sea or air;

(b) fittings and detachable parts of a vehicle; and

“veterinary inspector” means a person designated as a veterinary inspector by the Minister under Article 21(2).

2 Meaning of animal

(1) Subject to paragraphs (2) and (3), in animal welfare legislation, “animal” means a living vertebrate other than a human that is –

(a) commonly domesticated in the British Islands; or

(b) permanently or temporarily under human control.

(2) Subject to Article 7, nothing in animal welfare legislation applies to an animal in its foetal or embryonic form.

(3) Nothing in animal welfare legislation applies to an animal that is living wild in Jersey, unless otherwise stated.

(4) If the Minister is satisfied, on the basis of scientific evidence, that an animal of the kind concerned is capable of experiencing pain or suffering, the Minister may by Order, for the purposes of this Law or of the application of any other animal welfare legislation –

(a) amend the meaning of “animal” to include any invertebrate;

(b) amend the states of development specified in paragraph (2);

(5) For the purposes of paragraph (1), an animal is living until whichever occurs first of the permanent cessation of circulation, or the destruction of the brain.

(6) In paragraph (1), “vertebrate” means any animal of the subphylum Vertebrata of the phylum Chordata, and in paragraph (4)(a), “invertebrate” means any animal not of that subphylum.

3 Activities to which this Law does not apply

(1) This Law does not apply in relation to anything that occurs in the normal course of fishing.

(2) The Minister may by Order amend this Law to make further or different provision about the activities to which this Law or any provision in it does not apply.

4 Responsibility for animals

(1) In animal welfare legislation –

(a) subject to sub-paragraph (b)(iii), the owner of an animal is always a person who is responsible for that animal;

(b) a reference to a person responsible for an animal –

(i) applies whether the person is permanently or temporarily responsible;

(ii) includes a person who is in charge of the animal at the time that is relevant; and

(iii) means, if the owner of the animal is a child, the child’s parent or guardian.

(2) A person does not cease to be responsible for an animal under animal welfare legislation by abandoning the animal.

Part 2

Offences against animals

5 Offences of causing unnecessary suffering

(1) This Article also applies to animals living wild in Jersey.

(2) It is an offence for a person to act, or fail to act (except, in the case of failing to act, in relation to an animal living wild in Jersey), in a way that causes an animal to suffer unnecessarily if the person knew, or reasonably should have known, that the act or failure to act would cause the animal to suffer unnecessarily or be likely to do so.

(3) It is an offence if a person responsible for an animal –

(a) permits another person to act, or fail to act, in a way that causes the animal to suffer unnecessarily; or

(b) fails to take reasonable steps to prevent an act or failure to act by another person that causes the animal to suffer unnecessarily.

(4) In determining whether the suffering is unnecessary, relevant matters include –

(a) whether the suffering could reasonably have been avoided, reduced or terminated;

(b) whether the act, or failure to act, that caused the suffering was carried out under and in accordance with a licence or other similar authorisation, animal welfare legislation or a code of practice issued under Article 35;

(i) prevent harm (other than the suffering actually caused) to the animal; or

(ii) protect a person, property or another animal;

(d) in a case mentioned in sub-paragraph (b) or (c), whether the suffering caused was proportionate to the purpose for which the act or failure to act was carried out;

(e) whether the act, or failure to act, was in all the circumstances the act, or failure to act, of a reasonably competent and humane person.

(5) In determining whether the suffering is unnecessary, in a case mentioned in paragraph (4)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if –

(a) the animal was under the control of a relevant officer –

(i) at the time of the conduct;

(ii) in the course of the officer’s duties; and

(iii) in a way that was reasonable in all the circumstances; and

(b) that officer is not the defendant.

(6) In paragraph (5), “relevant officer” means –

(a) a police officer;

(b) a person (other than a police officer) who has the powers of a police officer or is otherwise employed for police purposes or is engaged to provide services for police purposes; and

(7) If, on the trial of a person charged with an offence under this Article, the court or jury, as the case may be, is of the opinion that the accused is not guilty of that offence but is guilty of an offence under Article 9 then, without limiting any other powers of the court, the accused may be found guilty of an offence under Article 9.

(8) The Minister may by Order amend the definition “relevant officer”, and only a person in the service of the States of Jersey may be specified in that amended definition.

(9) Nothing in this Article prohibits the destruction of an animal in an appropriate and humane manner.

6 Offence of carrying out prohibited procedure

(1) It is an offence for a person to carry out a prohibited procedure on an animal.

(2) It is an offence if a person responsible for an animal –

(a) permits another person to carry out a prohibited procedure on the animal; or

(b) fails to take reasonable steps to prevent another person from carrying out a prohibited procedure on the animal.

(3) It is an offence for a person to take an animal from Jersey for the purpose of having a prohibited procedure carried out on the animal in a place outside Jersey.

(4) A “prohibited procedure” is a procedure that involves interference with the sensitive tissues or bone structure of an animal, other than if carried out –

(a) for the purpose of veterinary diagnosis or treatment by a veterinary surgeon; or

(b) in a manner that is exempted from the application of this Article by Order.

7 Offence of carrying out restricted procedure without licence

(1) In this Article, “protected animal” means –

(a) any living vertebrate other than a human, and any living cephalopod;

(b) any living vertebrate in its foetal, larval or embryonic form from the state of its development when –

(i) in the case of a mammal, bird or reptile, two-thirds of the gestation or incubation period for the relevant species has elapsed; and

(ii) in any other case, it becomes capable of independent feeding.

(2) A living cephalopod in its embryonic form is not a protected animal.

(3) Subject to Article 8(1), a person who carries out a restricted procedure on a protected animal commits an offence.

(4) A “restricted procedure” is an experimental or other scientific procedure applied to a protected animal that (whether by itself, or in conjunction with other procedures or as part of a series or combination of procedures) –

(a) may cause the protected animal to suffer or may cause lasting harm to the protected animal;

(b) is applied to a fully developed protected animal or one that becomes a protected animal during the procedures;

(c) is done for the purposes of, or is liable to result in, the birth or hatching of a protected animal if it may cause that protected animal to suffer or may cause lasting harm to the protected animal;

(d) involves the use of anaesthetic or analgesic, or of decerebration or any similar procedure for the purpose of carrying out a procedure;

(e) involves killing a protected animal if the killing is carried out only for experimental or other scientific purposes.

(5) Ringing, tagging or marking of a protected animal or the humane application of any similar procedure, for the sole purpose of identification of the protected animal, is not a restricted procedure if it causes only momentary suffering and no lasting harm.

8 Licence for restricted procedure

(1) A person does not commit an offence under Article 7 if the person acts under the authority of a licence issued to that person by the States Veterinary Officer under this Article.

(2) A licence may be granted by the States Veterinary Officer under this Article only if the proposed restricted procedure relates to the conservation of 1 or more species.

(3) A person intending to apply for a licence under this Article must notify the States Veterinary Officer of the purpose of the restricted procedure proposed, and follow guidance issued by the States Veterinary Officer when making the application.

(4) Before an application can be considered by the States Veterinary Officer, the person applying for a licence under this Article must agree to pay the reasonable costs incurred in considering the application and determining conditions of the licence, whether or not the licence is granted.

(5) If the States Veterinary Officer thinks that a licence should be granted, a licence will be granted –

(a) after the person applying for the licence has paid the reasonable costs incurred in considering the application; and

(b) on terms and conditions imposed by the States Veterinary Officer.

(6) If the States Veterinary Officer thinks the licence should not be granted, the person applying for the licence –

(a) must pay the reasonable costs incurred in considering the application; and

(b) may, after payment of those costs, ask the Minister to review the decision.

(7) On a review of the decision under paragraph 6(b) the Minister may decide to confirm the States Veterinary Officer’s decision or require the States Veterinary Officer to issue the licence on the terms and conditions decided by the Minister.

(8) A person applying for a licence has a right of appeal to the Royal Court against the Minister’s decision under paragraph (6)(b) to confirm the States Veterinary Officer’s decision.

(9) An appeal to the Royal Court under this Article must be made by sending the Court a notice of appeal –

(a) in accordance with Rules of Court; and

(b) no later than 21 days after the day on which the decision of the Minister is made, or within such further time as the Royal Court allows.

(10) When it determines an appeal under this Article, the Royal Court may –

(a) confirm the decision appealed against;

(b) quash the decision appealed against;

(i) remit the matter back to the States Veterinary Officer with a direction to reconsider and make a new decision in accordance with the ruling of the Royal Court; or

(ii) order the States Veterinary Officer to grant a licence.

(11) A person holding a licence granted under this Article commits an offence if that person –

(a) contravenes, or fails to comply with, any term or condition upon which the licence was granted; or

(b) fails to take all reasonable precautions to avoid contravention or non-compliance.

(12) The Minister is not obliged to disclose to the public any information relating to applications for licences or restricted procedures licensed under this Article, whether such applications have been made or are prospective.

9 Offence relating to abandonment or neglect of an animal

(1) A person responsible for an animal commits an offence if, without reasonable excuse, the person –

(a) abandons the animal; or

(b) leaves the animal unattended and fails to make adequate provision for its welfare during the time it is left unattended.

(2) In determining for the purposes of paragraph (1)(b) whether adequate provision has been made, relevant matters include –

(a) the kind of animal concerned;

(b) the age and state of health of the animal;

(d) the animal’s reasonable requirements with respect to any of the following –

(i) food and water;

(ii) shelter and warmth;

(iii) light and ventilation;

(iv) prevention of suffering;

(v) treatment of disease.

10 Offences relating to transfer of animals by way of sale or prize

(1) A person commits an offence if they sell an animal to another person and they know, or have reasonable cause to believe, that other person is a child.

(2) But a person does not commit an offence under paragraph (1) if –

(a) they have care and control of the child and they intend to be responsible for the animal;

(b) there is another person present when the animal is sold to a child and that person intends to be responsible for the animal; or

(c) there is another person who is not present when the animal is sold to a child but whom the person transferring the animal knows or has reasonable cause to believe intends to be responsible for the animal.

(3) Selling an animal includes transferring or agreeing to transfer ownership of the animal, in consideration of the transferee entering into another transaction.

(4) A person commits an offence if they enter into an arrangement with another person under which that other person has the chance to win an animal as a prize.

Part 3

Protection of animal welfare

11 Duty to protect animal welfare

(1) Subject to Article 12, a person who is responsible for an animal commits an offence if they fail to take reasonable steps in the circumstances to ensure that the needs of the animal are met to the extent required by good practice.

(2) For the purposes of paragraph (1) –

(a) an animal’s needs include –

(i) its need for a suitable environment;

(ii) its need for a suitable diet;

(iii) its need to be able to exhibit normal behaviour patterns;

(iv) any need it has to be housed with, or apart from, other animals; and

(v) its need to be protected from suffering, injury and disease; and

(b) circumstances include –

(i) lawful purposes for which the animal is kept; and

(ii) lawful activities undertaken in relation to the animal.

(3) Paragraph (1) does not prohibit the destruction of an animal in an appropriate and humane manner.

12 Improvement notices

(1) If an inspector reasonably believes a person is failing to take the steps described in Article 11(1) or is otherwise failing to comply with a provision under animal welfare legislation relating to animal welfare, the inspector may serve on the person a notice (an “improvement notice”) that –

(a) states the inspector’s belief, and –

(i) specifies the respects in which the inspector considers the person is failing to comply with that provision; and

(ii) requires the person to take steps that the inspector considers must be taken to comply with that provision; and

(b) specifies a period within which the required steps must be taken (“the compliance period”).

(2) An improvement notice must also explain the effect of paragraphs (3) to (6).

(3) If an improvement notice is served under this Article, proceedings for an offence must not be commenced before the end of the compliance period in respect of –

(a) the failure to take steps that gave rise to the notice; or

(b) a continuation of that failure.

(4) If the steps required to be taken by an improvement notice are taken at any time before the end of the compliance period, proceedings for an offence under animal welfare legislation may not be commenced in respect of –

(a) the failure to take steps that gave rise to the notice; or

(b) a continuation of that failure prior to the taking of the required steps.

(5) An inspector may do either of the following by serving a further notice on the person –

(a) extend the compliance period; or

(b) withdraw the improvement notice.

(6) The withdrawal of an improvement notice does not affect the power of an inspector to give a further improvement notice to the same person in respect of a further failure to take any steps described in the first notice.

(7) A person who fails to comply with an improvement notice commits an offence.

(8) A person who has been served with an improvement notice must immediately notify the States Veterinary Officer in writing of any material change in circumstances that occurs during the compliance period, including –

(a) a change of address;

(b) a change in responsibility for, or ownership of, an animal;

(9) A person who fails to comply with paragraph (8) commits an offence.

13 Taking possession of animals in distress

(1) An inspector may take steps, or arrange for another person to take steps, that the inspector considers necessary to alleviate or prevent the suffering of an animal if any of the following applies –

(a) the inspector reasonably believes the animal is suffering;

(b) the inspector is a veterinary surgeon and, in their opinion, the animal is likely to suffer if its circumstances do not change;

(c) the inspector is not a veterinary surgeon, and a veterinary surgeon confirms their opinion to the inspector, either verbally or in writing, that the animal is likely to suffer if its circumstances do not change.

(2) The steps that may be taken under paragraph (1) do not include destruction of the animal unless –

(a) a veterinary surgeon is of the opinion that the condition of the animal means that it should, in its own best interests, be destroyed; or

(b) an inspector who is not a veterinary surgeon reasonably believes the condition of the animal means that there is no reasonable alternative to destroying it and that to wait for the confirmation of a veterinary surgeon would unreasonably prolong the animal’s suffering.

(3) If an inspector takes possession of an animal in the exercise of the powers conferred by paragraph (1), the inspector may also –

(a) take possession of any dependent offspring of the animal;

(b) remove, or arrange for the removal of, the animal and any dependent offspring to a place of safety;

(i) on the premises where the animal was being kept when it was taken into possession; or

(ii) at another place that the inspector thinks fit; and

(d) identify the animal and any dependent offspring in any way.

(4) A person acting under paragraph (3)(c)(i) may make use of equipment and feed on the premises for the purpose of caring for the animal and any dependent offspring.

(5) A person exercising a power under this Article without the knowledge of a person responsible for the animal concerned must, as soon as reasonably practicable, take reasonable steps to notify the person responsible of the exercise of the power and the reason for it.

(6) A veterinary surgeon may examine, and take samples from, an animal for the purpose of forming an opinion under paragraph (1)(b) or (c) or (2)(a).

(7) Expenses reasonably incurred by an inspector or veterinary surgeon in exercising a power under this Article are recoverable –

(a) from the owner or other person responsible for the animal as a civil debt; or

(b) if a person is convicted of an offence under animal welfare legislation in respect of the animal or any dependent offspring, as costs of the prosecution.

Part 4

Straying Livestock

14 Interpretation of Part 4

In this Part –

“livestock” means cattle, goats, horses, pigs, sheep and any other animal that the Minister may by Order prescribe;

“public place” means a public road and any other place open to the public that the Minister may by Order prescribe.

15 Offences in relation to straying animals

A person responsible for livestock commits an offence if livestock stray into a public place and that person –

(a) fails to co-operate with an inspector to remove the livestock to a safe place; or

(b) fails to take all reasonable steps to immediately secure the livestock in that public place.

16 Powers of police officers and inspectors in relation to straying livestock

A police officer or an inspector may remove to a safe place any livestock that has strayed into a public place.

17 Improvement notices

If a veterinary inspector confirms to an inspector that livestock is at risk of suffering or being injured as a result of straying into a public place because of the condition of the boundaries of the premises on which the livestock is kept, the inspector may serve an improvement notice under Article 12 on the person responsible for the livestock.

Part 5

Licensing

18 Grant of licence

(1) The Minister may by Order make provision for a licensing system for any activity that requires a licence, including the procedure for –

(a) applying for a licence;

(b) amending or varying a licence;

(d) appealing a decision made in relation to a licence.

(2) A person who is subject to an order made under Article 28(2) may not apply for a licence.

19 Licences as evidence of lawful activity

(1) A person claiming to act under the authority of a licence must –

(a) if required by the licence, keep the licence or a copy of it in their possession at all times during the carrying on of an activity under the authority of the licence;

(b) if requested by an inspector –

(i) produce the licence or a copy of it immediately;

(ii) produce the licence or a copy of it at a time and place specified by the inspector;

(iii) send a copy of the licence by post or by electronic means to an address specified by the inspector; or

(iv) permit the inspector to view and copy the licence;

(c) retain the licence or copy and any other documentation relating to the activity in question for the duration of the licence and for a period of at least 6 months beginning with –

(i) the date of expiry of the licence; or

(ii) another date specified by the Minister by Order or in the licence conditions.

(2) A licence and any copy of a licence may be produced by electronic means.

(3) A person who fails to comply with paragraph (1) commits an offence.

20 Offence of providing false information in connection with licence

A person commits an offence if in, or in connection with, an application for a licence, the person knowingly or recklessly makes a material statement or provides material information that is false or misleading.

Part 6

Inspection and enforcement

21 Appointment of inspectors etc.

(1) The Minister may appoint persons other than the States Veterinary Officer to carry out the functions of an inspector for the purposes of animal welfare legislation.

(2) The Minister may designate a person to carry out the functions of a veterinary inspector for the purposes of animal welfare legislation if that person is –

(a) an inspector appointed under paragraph (1); and

(b) a veterinary surgeon.

(3) The States Veterinary Officer is a veterinary inspector.

(4) Without limiting the effect of paragraphs (1) and (2), the Minister may appoint officers, who may or may not also be those appointed as inspectors or designated under those paragraphs, to carry out functions specified by animal welfare legislation or required by an international obligation.

(5) An appointment or designation under this Article may be made on terms, and subject to conditions, that the Minister considers appropriate.

22 Inspectors’ powers of entry etc.

(1) If an inspector has reason to believe that a person is committing or has committed an offence under Parts 2 or 3 or Article 29, or under other animal welfare legislation, the inspector may, at any reasonable hour and for the purposes of investigating whether an offence has been committed –

(a) enter and search any premises;

(b) stop, enter and search any vehicle; and

(2) If an inspector gives at least 24 hours’ notice in writing of the intended entry, the inspector may enter any premises used for the purposes of an activity carried out under a licence or under animal welfare legislation, and after entering the premises the inspector may –

(a) search the premises; and

(b) seize and detain any property (including an animal) found on the premises.

(3) An inspector may exercise the powers described in paragraph (1)(a) to (c), and in doing so may use force that is reasonably necessary in the circumstances, if the inspector has reason to believe that –

(a) on any premises or in any vehicle, an animal is experiencing suffering; and

(b) immediate action is required to alleviate that suffering.

(4) The Bailiff or a Jurat may grant a warrant authorising an inspector to enter premises, using force that is reasonably necessary, if the Bailiff or Jurat is satisfied on sworn information that –

(a) there are reasonable grounds, such as mentioned in paragraph (1), for entry onto the premises; and

(b) either –

(i) the premises are used wholly or mainly as a private dwelling; or

(ii) any of the circumstances in paragraph (5) apply.

(5) The circumstances mentioned in paragraph (4)(b)(ii) are that –

(a) admission has been refused, or a refusal is expected, and (in either case) notice of the application for a warrant has been given to the occupier;

(b) asking for admission, or the giving of notice of an application for a warrant, would defeat the object of the entry;

(d) the premises are unoccupied or the occupier is absent.

(6) A warrant granted under this Article is valid for 1 month and must contain a requirement that an inspector who is not a police officer may exercise powers under the warrant only if accompanied by a police officer.

(7) An inspector seeking to exercise a power conferred by paragraph (1), (3) or (4) must, if asked to do so by the owner or occupier of the premises and before exercising the power, produce a warrant or other written evidence of the inspector’s authority.

(8) An inspector who exercises power to enter premises that are unoccupied or whose occupier is absent must, so far as reasonably practicable, leave the premises secured as effectively as the inspector found them.

23 Enforcement: supplementary powers

(1) An inspector entering any premises or vehicle under Article 22 may, for the purpose of investigating whether or not an offence has been committed, do any thing and take any step that is reasonably necessary, including (but not limited to) the actions listed in paragraph (2) and the exercise of the powers conferred by paragraph (3).

(2) The actions mentioned in paragraph (1) are –

(a) inspecting, examining and seizing anything on the premises or in the vehicle, including animals and documents (including those stored in electronic form);

(b) transcribing, copying and retaining any documents and records;

(d) detaining, isolating or requiring the movement of any animal;

(e) identifying any animal or thing;

(f) taking samples from any animal or thing.

(3) An inspector may, by notice served on a person who is the occupier of premises or owner of any vehicle, require that person to take any reasonable steps that the inspector specifies, including steps –

(a) to deal with any animal of which the person has charge, in a manner that may be specified;

(b) to detain an animal at the premises or in the vehicle, or to move an animal to other premises specified in the notice, under any conditions that may be specified;

(c) to undertake any action for the purposes of compliance with animal welfare legislation, including the purpose of facilitating the exercise of the inspector’s function.

(4) An inspector exercising powers under this Article may, if they consider it necessary –

(a) be accompanied by other people; and

(b) take any equipment (including vehicles) onto any premises.

(5) An inspector may authorise a person that the inspector considers competent to carry out the functions of the inspector under paragraph (1) or (2), and if the inspector does so paragraph (6) and Articles 24 and 30 apply to that person as if that person was an inspector.

(6) If an inspector seizes or detains any property under this Article or Article 22, the inspector must give, to any person who appears to the inspector to be the person owning or otherwise having possession or control of that property, a receipt for the property in writing and stating the date on which, and the powers under which, it has been seized or detained.

24 Liability of inspectors

(1) An inspector, an officer appointed under Article 21(4), and any other person accompanying an inspector including a person taking steps under Article 13(1) and a person accompanying an inspector under Article 23(4), is not personally liable for anything that person does when acting in the execution or purported execution of powers under animal welfare legislation.

(2) Nothing in this Article is to be taken to exclude liability of a public authority under Article 7(1) of the Human Rights (Jersey) Law 2000.

25 Police officers as inspectors

A police officer may exercise all powers that are conferred on an inspector by this Part, except for those conferred by Articles 22(2), 23(2)(f) and (5), and 26.

26 Veterinary inspectors: exceptional measures

(1) A veterinary inspector may carry out an assessment for the purpose of considering whether any exceptional measures are necessary to ensure the welfare of an animal.

(2) If, following an assessment, the veterinary inspector considers that exceptional measures are necessary, the veterinary inspector may –

(a) license a person to carry out an action otherwise prohibited by animal welfare legislation;

(b) exempt a person, by notice in writing, from a requirement of animal welfare legislation; or

(c) prohibit a person, by notice in writing, from carrying out an action that would otherwise be permitted, or not prohibited, by animal welfare legislation.

27 Offence of obstruction

(1) A person who obstructs an inspector or other person (“P”) in the exercise of powers under animal welfare legislation commits an offence.

(2) A person obstructs P including if the person –

(a) interferes with, or permits to be interfered with, anything done by P acting in the exercise of powers under animal welfare legislation ;

(b) fails to give, to P, any assistance or information that P reasonably requires;

(d) fails to produce, to P, any document or record.

28 Powers of court on conviction

(1) A court may order that the owner of an animal be deprived of the ownership of that animal, and may make any consequential order in relation to the animal it considers appropriate, if –

(a) the owner is convicted of an offence under animal welfare legislation in relation to that animal; and

(b) the court is satisfied that the animal is likely to be exposed, if it remains with the owner, to further suffering or to the risk of a further offence.

(2) A court before which a person is convicted of an offence under animal welfare legislation may, in addition to any other penalty –

(a) order the person is disqualified from keeping or otherwise having responsibility for an animal, for any period that the court thinks fit, and the order may be made by reference to –

(i) all or specified circumstances; and

(ii) a particular animal, or animals of specified descriptions or kinds;

(b) order the revocation of any licence held by that person under animal welfare legislation if a licence or other similar authorisation relates in whole or in part to the welfare of an animal;

(c) whether or not the person is the holder of a licence, disqualify the person from holding any licence or authorisation under animal welfare legislation mentioned in sub-paragraph (b), for any period that the court thinks fit.

(3) If the court orders that a person is disqualified from keeping an animal or from holding a licence or other authorisation, the court must also specify the earliest date on which the person may apply to the court to remove the disqualification.

(4) If the court orders the revocation of a licence or other similar authorisation, or disqualification of a person from keeping an animal or otherwise having responsibility for an animal, or from holding a licence, it may suspend the operation of the order –

(a) for any period that the court thinks necessary for enabling arrangements to be made for the keeping of the animal; or

(b) pending an appeal against the order.

(5) The court may order the destruction of an animal, and assign the animal to a suitable person for that purpose, if the court is satisfied that the destruction of the animal is necessary –

(a) to alleviate its suffering; and

(b) in the animal’s best interests.

(6) The person to whom an animal is assigned under paragraph (5) must –

(a) destroy the animal, or ensure its destruction in their presence, as soon as practicable and without causing unnecessary suffering; and

(b) dispose of the animal’s carcass in a manner that the court may direct.

(7) Expenses incurred in the destruction of an animal and in the disposal of its carcass are payable by the former owner of the animal and recoverable from that former owner as a civil debt.

29 Further provisions as to disqualification

(1) A person disqualified from keeping an animal or from holding a licence or other similar authorisation by order of the court under Article 28 may, at any time after the date specified in the court order and, subject to paragraph (3), apply to the court to remove the disqualification.

(2) On hearing an application under paragraph (1), the court may, having regard to the character of the applicant, the applicant’s conduct since the making of the order, the nature of the offence of which the applicant was convicted and any other circumstances of the case –

(a) direct that, as from the date specified in the direction, the disqualification be removed or the order be varied to apply only to animals or licences specified in the direction; or

(b) refuse the application.

(3) If, under paragraph (2), the court directs the variation of a disqualification order or refuses the application, a fresh approval for removal of the disqualification may not be made until after the expiry of 6 months beginning with the date of the direction or refusal.

(4) A person commits an offence if, in contravention of an order made under Article 28, they keep or otherwise have responsibility for an animal or obtain a licence.

30 Recovery of costs

If, in the investigation or enforcement of animal welfare legislation, costs are incurred by the Minister, the States Veterinary Officer, an inspector or any other officer for which the Minister has responsibility –

(a) those costs may be claimed from any person convicted of an offence with which the investigation or enforcement was concerned; and

(b) the claim may be enforced as a civil debt due by that person to the person making the claim.

31 Offences and Penalties

(1) A person who commits an offence under Article 10, 12, 15 or 19 is liable to imprisonment for 6 months and to a fine of level 2 on the standard scale.

(2) A person who commits an offence under any other provision in this Law is liable to imprisonment for 5 years and to a fine.

(3) A person is guilty of an offence and liable to imprisonment for 2 years and to a fine if the person knowingly or recklessly contravenes any requirement of an Order made under this Law (including the terms of any notice, licence or other requirement imposed under it).

32 Calculation of penalty

If an offence under animal welfare legislation is committed in respect of more than 1 animal, the maximum penalty that may be imposed in respect of the offence may be determined as if the offender had been convicted of a separate offence in respect of each animal.

33 Forfeiture

A court that convicts a person of an offence under animal welfare legislation –

(a) may order the seizure and, if appropriate, the forfeiture of any vehicle, animal, weapon, instrument or other thing used to commit the offence; and

(b) in the case of an offence under Part 3, may order the seizure and, if appropriate, the forfeiture of any animal that is –

(i) of the same kind as that in respect of which the offence was committed; and

(ii) found in the offender’s possession.

Part 7

General provisions

34 Orders

(1) The Minister may by Order make provision –

(a) relating to any matter required or permitted by this Law to be prescribed or specified by Order, including the amount and payment of fees and the payment and recovery of costs and expenses;

(b) for the purposes of protecting animal welfare; and

(2) The purposes mentioned in paragraph (1)(b) are –

(a) to make further provision as to the functions of inspectors and veterinary inspectors and other authorised persons;

(b) to impose specific requirements by way of a licence or otherwise, including requirements as to licensing, training, qualifications and standards, in relation to the keeping of animals (including as a business or for reward);

(c) to require, prohibit or otherwise regulate the movement (including the import or export) of animals and animal products;

(d) to regulate, with a view to protecting animal welfare, the commercial breeding of animals, the sale of animals and trade in animals and animal products generally;

(e) to require a person to keep records for the purposes of any animal welfare legislation, of matters that may be specified and in a manner that may be specified;

(f) to make provision relating to identification of animals;

(g) to prohibit, or further regulate, activities relating to animals, and operations on and treatments of animals;

(h) to establish bodies with the function of advising the Minister on matters concerning animal welfare that are specified in the Order, and to make provision for the purposes of and in connection with the establishment and operation of the body.

(3) An Order made for any purpose may be made –

(a) in relation to particular animals or classes of animal (whether expressed in terms of species or otherwise);

(b) in relation to animals living wild in Jersey;

(d) subject to conditions (including conditions as to duration).

(4) Orders under this Law may make transitional, saving, supplementary and consequential provision.

35 Codes of practice

(1) The Minister may issue, revise or revoke codes of practice for the purpose of providing guidance in relation to the implementation of animal welfare legislation.

(2) If the Minister proposes to issue or revise a code of practice, the Minister must –

(a) prepare a draft of the code;

(b) consult the persons the Minister considers appropriate; and

(3) The Minister must publish, in a manner that brings the matter to the notice of those concerned or affected –

(a) issued codes of practice;

(b) revised codes of practice; and

(4) A court may take into account a code of practice when conducting criminal or civil proceedings.

(5) A failure to comply with a code does not of itself make a person liable to civil or criminal proceedings.

36 Use of samples

If a sample has been taken from an animal or thing, that sample may be used for any purpose, in addition to the purpose for which it was taken, relating to the protection or promotion of animal welfare, animal health or human health.

37 Service of notices

(1) This Article has effect in relation to a notice or other document required or authorised by or under animal welfare legislation to be given to or served on a person.

(2) The notice or document may be given to or served on the person –

(a) by delivering it to the person;

(b) by leaving it at the person’s proper address;

(d) by sending it by electronic means.

(3) The notice or document may –

(a) in the case of a company, be given to or served on the secretary, clerk or other similar officer of the company or any person who purports to act in that capacity, by whatever name called; or

(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954, “proper address” means the person’s last known address, except that –

(a) in the case of a company or its secretary, clerk or other officer or person referred to in paragraph (3)(a), the proper address is the address of the registered or principal office of the company; and

(b) in the case of a partnership or a person having the control or management of the partnership business, the proper address is the address of the principal office of the partnership.

(5) The principal office of a company registered outside Jersey or of a partnership carrying on business outside Jersey is its principal office in Jersey.

(6) A person may specify an address in Jersey other than their proper address, at which the person or someone acting on their behalf will accept the notices or documents mentioned in paragraph (1), and that other address is to be treated for the purposes of this Article and Article 7 of the Interpretation (Jersey) Law 1954 as the person’s proper address.

38 Offences by bodies corporate and others

(1) In this Article –

“relevant offence” means an offence under animal welfare legislation that is committed by a limited liability partnership, a separate limited partnership, an incorporated limited partnership or another body corporate;

“relevant person” means –

(a) if the relevant offence is committed by a limited liability partnership, a partner of the partnership;

(b) if the relevant offence is committed by a separate limited partnership or an incorporated limited partnership –

(i) a general partner; or

(ii) a limited partner who is participating in the management of the partnership;

(i) a director, manager, secretary or other similar officer of the body corporate; and

(ii) if the affairs of the body corporate are managed by its members, a member who is acting in connection with the member’s functions of management; and

(d) a person purporting to act in any capacity described in sub-paragraphs (a) to (c) in relation to the partnership or body that commits the relevant offence.

(2) If a relevant offence is proved to have been committed with the consent or connivance of a relevant person, that relevant person also commits an offence and is liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

(3) Paragraph (4) applies if a relevant offence –

(a) is an offence that may be committed by neglect; and

(b) is proved to be attributable to neglect on the part of a relevant person.

(4) The relevant person also commits an offence and is liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

39 Repeals and savings

(1) The Animal Welfare (Jersey) Law 2004 (the “2004 Law”) is repealed.

(2) The Animal Welfare (Poisons) (Jersey) Order 2007 and the Animal Welfare (Licence Fee) (Jersey) Order 2008 are repealed.

(3) The Animal Welfare (Calves) (Jersey) Order 2020 continues in full force and effect as if it were made under Article 34 of this Law.

(4) A licence issued under Article 18 of the 2004 Law continues in full force and effect as if it were issued under an Order made under this Law.

(5) A court order made under Article 30 of the 2004 Law continues in full force and effect as if it were made under Article 28 of this Law.

(6) A court order made under Article 31 of the 2004 Law continues in full force and effect as if it were made under Article 29 of this Law.

40 Consequential amendments

(1) In Article 52(10) of the Road Traffic (Jersey) Law 1956, for the words from “Article 4” to “2004” there is substituted “Article 5 (offences of causing unnecessary suffering) and Article 9 (offence relating to abandonment or neglect of an animal) of the Animal Welfare (Jersey) Law 202-”.

(2) In Article 1 of the Dogs (Jersey) Law 1961, for the definition “animal shelter” there is substituted –

“animal shelter” means a place (including a private dwelling) that regularly receives, for the purpose of temporary or permanent accommodation with or without the provision of treatment –

(a) abandoned animals;

(b) animals separated from their keeper for any reason; or

(3) In Article 33(3) of the Medicines (Jersey) Law 1995, for “a scheme established by Regulations made under Article 11(2) of the Animal Welfare (Jersey) Law 2004” there is substituted “Article 8 of the Animal Welfare (Jersey) Law 202-”.

(4) In Regulation 21(7) of the Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013, after sub-paragraph (b) there is inserted –

(ba) the Animal Welfare (Jersey) Law 202- or any Order made under it;

(5) In Regulation 16(4) of the EU Legislation (Aquatic Animal Health) (Jersey) Regulations 2016, for “2004” there is substituted “202-”.

(6) In Article 6(2)(b) of the Animal Health (Bird Diseases) (Jersey) Order 2017, for “a scheme established by Regulations made under Article 11(2) of the Animal Welfare (Jersey) Law 2004” there is substituted “Article 8 of the Animal Welfare (Jersey) Law 202-”.

(7) In Schedule 1 to the Criminal Procedure (Jersey) Law 2018 –

(a) in paragraph (3), for “an offence” there is substituted “offences”;

(b) in paragraph (8), after “2004” there is inserted “or Article 5 of the Animal Welfare (Jersey) Law 202-”.

(8) In Article 7(2) of the Wildlife (Jersey) Law 2021, for “2004” there is substituted “202-”.

41 Citation and commencement

This Law may be cited as the Animal Welfare (Jersey) Law 202- and comes into force on a day to be specified by the Minister by Order.

Page Last Updated: 25 Mar 2026

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Animal Welfare (Jersey) Law 202-