Animal Welfare Act 2023
The Animal Welfare Act 2023 comes into force on the 1 June 2024. The Act can be found on the Tynwald website and any secondary legislation which is made under the Act can also be found there.
The Animal Welfare Act introduces a 'duty of care' for those responsible for a kept animal. The Act will also introduce a prohibition on the transfer of animals by way of sale or prize to persons under 16.
In addition the Act amends the Cruelty to Animals Act 1997 in order to increase the maximum penalties for cruelty offences to more closely align with those in the UK. 'Cruelty' offences will, in general, increase to a maximum of five years’ custody or an unlimited fine.
There is no one 'perfect' way to care for all animals because every animal, and every situation, is different but they all have similar needs. It is up to you to find out what your animal’s precise needs are and how to meet them. Under clause 6 of the Animal Welfare Act 2023, you must take such steps as are reasonable in all circumstances to ensure that the needs of an animal for which you are responsible are met, to the extent required by good practice which are set out in the Act as follows:
(a) Need for a suitable environment
(b) Need for a suitable diet
(c) Need to be housed with, or apart from, other animals
(d) Need to be able to exhibit normal behaviour patterns
(e) Need to be protected from pain, suffering, injury and disease
Under the Act you are always responsible for your animal’s needs. Furthermore, if you are a parent or guardian of a child under the age of 16 years old, you are responsible for any animal that child looks after. If you are unable to care for your animal at any time, you must make arrangements for another suitable person to look after it on your behalf. It is important to remember that you remain legally responsible for your animal’s needs, even when you are away. The person with whom you leave your animal will also be legally responsible for your animal’s welfare in your absence.
If you own or are responsible for an animal, and fail to meet its welfare needs, you may be prosecuted under the Act.
The Codes of Practice on the Welfare of cats/dogs/horses/rabbits/sheep/cattle/pigs/fowl are made by the Department of Environment, Food and Agriculture (DEFA) under section 6(5) of the Animal Welfare Act. They aim to give some guidance on what good practice looks like with regards to animal welfare in these species. The codes can be found under 'downloadable documents' on this page or please contact DEFA and we can email a copy to you.
Wild and feral animals will continue to be protected under existing animal cruelty legislation. However, the new laws will amend the Cruelty to Animals Act to increase the maximum sentence in cases of animal cruelty to five years in custody, or an unlimited fine, or potentially both. Anyone concerned about animal cruelty should report this to the police.
Anyone concerned about the welfare of an animal can report it to DEFA by:
Telephone +44 1624 685844
Email: animalwelfare@gov.im
Please note: DEFA only works normal office hours 9am to 5pm, Monday to Friday.
Anyone concerned about animal cruelty should contact the police or if they are concerned about their own pet should contact their veterinary surgeon.
Please see our webpage regarding welfare of animals in transport.
Secondary legislation planned to be made under the Animal Welfare Act 2023
Please note:
This is an outline of the Secondary legislation that the Department is considering developing and bringing forward to Tynwald for approval under the Animal Welfare Act 2023.
The plan may be subject to change, depending on competing priorities, the outcomes of public consultations on legislation, public and political expectations and other requirements.
Legislation with Departmental Approval
| Title | Description | Likely Tynwald sitting (and procedure) | ||
|---|---|---|---|---|
| Animal Welfare (Application) Order | Will apply section 13 (licensing or registration of activities involving animals) of the UK Animal Welfare Act 2006 | March 2025 (approval) | ||
| Animal Welfare (Licensing of Activities Involving Animals) Regulations | Will repeal and replace the Riding Establishments (Inspections) Act 1968, Animal Boarding Establishments (Isle of Man) Act 1973 and the Breeding of Dogs and Cats Act 1981 | March 2025 (approval) | ||
| Animal Welfare (Definition of Licence) Order | Will amend the definition of 'licence' in the Bill to reflect the repeal of the Riding, Boarding and Breeding Acts | March 2025 (negative) | ||
| Animal Welfare (Cruelty) (Application) Order | Will revoke the Cruelty to Animals act 1997 and replace it with applied sections of the UK Animal Welfare Act 2006, including sections 2, 4-8, 18-20, 22, 38 and 40 | June 2025 | ||
Policy under Development
| Title | Description | ||
|---|---|---|---|
| Animal Welfare (Protection of Livestock) (Application) Order | Will apply the UK Dogs (Protection of Livestock) Act 1953, as it applies in Scotland | ||
| The use of electronic collars on dogs and cats | The Department is exploring options to develop policy in this area | ||
