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英国 ABANDONMENT OF ANIMALS ACT 1960(动物遗弃法案)
2017-02-13 211 次

英国 ABANDONMENT OF ANIMALS ACT 1960(动物遗弃法案) 英国 United Kingdom Statute 1960 CHAPTER 43 (Refs & Annos) SWEET & MAXWELL UNITED KINGDOM LAW IN FORCE ABANDONMENT OF ANIMALS ACT 1960 CHAPTER 43 UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office. NOTES An Act to prohibit the abandonment of animals; and for purposes connected therewith. [June 2, 1960] Notes: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 UK ST 1960 c 43 (Refs & Annos) Copr. (c) West 2004 No Claim to Orig. Govt. Works ABANDONMENT OF ANIMALS ACT 1960 s 1 If any person being the owner or having charge or control of any animal shall without reasonable cause or excuse abandon it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering, or cause or procure or, being the owner, permit it to be so abandoned, he shall be guilty of an offence of cruelty within the meaning of the principal Act and liable to the penalties prescribed by subsection (1) of section one of that Act, and the provisions of the Protection of Animals Acts shall apply to an offence under this section as they apply to an offence against the said subsection (1). s 1 Offences of cruelty. (1) If any person-- (a) shall cruelly beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate, or terrify any animal, or shall cause or procure, or, being the owner, permit any animal to be so used, or shall, by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering, or, being the owner, permit any unnecessary suffering to be so caused to any animal; or (b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such manner or position as to cause that animal any unnecessary suffering; or (c) shall cause, procure, or assist at the fighting or baiting of any animal; or shall keep, use, manage, or act or assist in the management of, any premises or place for the purpose, or partly for the purpose of fighting or baiting any animal, or shall permit any premises or place to be so kept, managed, or used, or shall receive, or cause or procure any person to receive, money for the admission of any person to such premises or place; or (d) shall wilfully, without any reasonable cause or excuse, administer, or cause or procure, or being the owner permit, such administration of, any poisonous or injurious drug or substance to any animal, or shall wilfully, without any reasonable cause or excuse, cause any such substance to be taken by any animal; or (e) shall subject, or cause to procure, or being the owner permit, to be subjected, any animal to any operation which is performed without due care and humanity;[or] [FN1] (f) shall tether any horse, ass or mule under such conditions or in such manner as to cause that animal unnecessary suffering; [FN2]such person shall be guilty of an offence of cruelty within the meaning of this Act, and shall be liable[ [FN3]] [FN6] upon summary conviction to a fine not exceeding [fifty pounds] [FN7], or alternatively, or in addition thereto, to be imprisoned, with or without hard labour, for any term not exceeding [three] [FN8] months. (2) For the purposes of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Act if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom: Provided that, where an owner is convicted of permitting cruelty within the meaning of this Act by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall render illegal any act lawfully done under [the Animals (Scientific Procedures) Act 1986] [FN9], or shall apply-- (a) to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering; or (b) to the coursing or hunting of any captive animal, unless such animal is liberated in an injured, mutilated, or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control [and a captive animal shall not be deemed to be coursed or hunted within the meaning of this subsection if it is coursed or hunted in an enclosed space from which it has no reasonable chance of escape.] [FN10] Notes: Act extended by Protection of Animals (Cruelty to Dogs) Act 1933 (c. 17), s. 1, Protection of Animals (Amendment) Act 1954 (c. 40), s. 1(1) and Abandonment of Animals Act 1960 (c. 43), s. 1; saved by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 8(5)Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3This Act is not necessarily in the form in which it has effect in Northern Ireland S. 1 extended by Animal Boarding Establishments Act 1963 (c. 43), s. 3(3), and Breeding of Dogs Act 1973 (c. 60), s. 3(3); restricted by Animals (Scientific Procedures) Act 1986 (c.14), s. 26(1)(b) S. 1(1) amended as to imprisonment with hard labour by Criminal Justice Act 1948 (c. 58), s. 1(2) S. 1(1)(e) extended by Protection of Animals (Anaesthetics) Act 1954 (c. 46), s. 1(1) [FN1] Word added by Protection against Cruel Tethering Act 1988 (c.31), s. 1 [FN2] S. 1(f) inserted by Protection against Cruel Tethering Act 1988 (c.31), s. 1 [FN3] In relation to England and Wales: (1) If any person-- (a) shall cruelly beat, kick, ill-treat, over-ride, over-drive, over-load, torture, infuriate, or terrify any animal, or shall cause or procure, or, being the owner, permit any animal to be so used, or shall, by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering, or, being the owner, permit any unnecessary suffering to be so caused to any animal; or (b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such manner or position as to cause that animal any unnecessary suffering; or (c) shall cause, procure, or assist at the fighting or baiting of any animal; or shall keep, use, manage, or act or assist in the management of, any premises or place for the purpose, or partly for the purpose of fighting or baiting any animal, or shall permit any premises or place to be so kept, managed, or used, or shall receive, or cause or procure any person to receive, money for the admission of any person to such premises or place; or (d) shall wilfully, without any reasonable cause or excuse, administer, or cause or procure, or being the owner permit, such administration of, any poisonous or injurious drug or substance to any animal, or shall wilfully, without any reasonable cause or excuse, cause any such substance to be taken by any animal; or (e) shall subject, or cause to procure, or being the owner permit, to be subjected, any animal to any operation which is performed without due care and humanity;[or] [FN4] [or (f) shall tether any horse, ass or mule under such conditions or in such manner as to cause that animal unnecessary suffering; ] [FN5]such person shall be guilty of an offence of cruelty within the meaning of this Act, and shall be liable upon summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both. [FN4] Word added by Protection against Cruel Tethering Act 1988 (c.31), s. 1 [FN5] S. 1(f) inserted by Protection against Cruel Tethering Act 1988 (c.31), s. 1 [FN6] Words substituted by Protection of Animals (Penalties) Act 1987 (c.35), s. 1(1)(2) [FN7] Words substituted by Protection of Animals (Amendment)Act 1954 (c. 40), s. 3 [FN8] Word substituted by Protection of Animals Act (1911) AmendmentAct 1912 (c. 17), s. 1 [FN9] Words substituted by Animals (Scientific Procedures) Act 1986 (c.14), s. 27(2), Sch. 3 para. 1 [FN10] Words added by Protection of Animals Act (1911) Amendment Act 1921 (c. 14), s. 1 s 2 In this Act 'the principal Act' and 'the Protection of Animals Acts' mean respectively,-- (a) in relation to England and Wales, the Protection of Animals Act, 1911, as amended by or under any other enactment, and the Protection of Animals Acts, 1911 to 1954; (b) in relation to Scotland, the Protection of Animals (Scotland) Act, 1912, as so amended, and the Protection of Animals (Scotland) Acts, 1912 to 1954, and 'animal' has the same meaning as in the principal Act. Notes: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 s 3 (1) This Act may be cited as the Abandonment of Animals Act, 1960. (2) This Act and the Protection of Animals Acts may be cited together as the Protection of Animals Acts, 1911 to 1960, or the Protection of Animals (Scotland) Acts, 1912 to 1960, as the case may be. (3) This Act shall not extend to Northern Ireland. Notes: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3


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