New animal welfare Act set to change UK tourist habits

• Published date: 27 September 2023
• Subject Matter: Environment, Criminal Law, Environmental Law, Crime
• Law Firm: Kennedys
• Author: Ms Claire Mulligan and Clare Crawford

This article was co-authored by Philippa Tizard, Trainee Solicitor, London.

On Monday 18 September, the Animals (Low-Welfare Activities Abroad) Act (the Act), received Royal Assent, and became law in England and Northern Ireland. The Act prohibits the sale and advertising of specific activities involving close encounters with animals outside the UK. There were previously no statutory provisions in the UK to regulate these activities.

As many UK tourists choose to partake in a number of animal-related activities every year on their holidays, the Act will have a major impact on tour operators and consumer behaviour.

Background

Over the years, there have been several long-running campaigns to raise awareness about the negative welfare implications of some activities involving close encounters with wild animals outside the UK, which are available to tourists travelling abroad.

In May 2021, the UK Government published its Action Plan for Animal Welfare (APAW), which set out a range of legislative and non-legislative reforms relating to the welfare of all animals.

The Act

There are seven clauses in the Act. Clause one makes it an offence to sell, or offer to sell, the right to observe or participate in the activity. Subsection (3) of the clause sets out the test for assessing whether an activity can be regulated for a low-welfare activity, as follows:

" An animal is kept in conditions, or is subject to treatment, within this subsection if keeping the animal in the conditions, or subjecting it to the treatment,in the appropriate national authority's part of the United Kingdom would constitute an offence under the appropriate national legislation.

The ban on the domestic advertising and sale of low-welfare activities captures the specific species and activity, wherever in the world that took place. Currently, the Act is only applicable to England and Northern Ireland. However, without physical barriers between the countries, it is unclear what will happen in practical terms, and much needed clarification is sought. In England, the relevant legislation that applies is the Animal Welfare Act 2006. This legislation prohibits animal cruelty which includes causing unnecessary suffering to an animal, mutilation and poisoning an animal. It also provides for animal welfare needs including:

• Provision of a suitable environment.
• Suitable diet.
• Allow the animals to exhibit normal behaviour patterns.
• Allow any need an animal has to be housed with, or apart from other...