The Animal Health and Welfare (Scotland) Act 2006 places a duty of care on pet owners and others responsible for animals to ensure that the welfare needs of their animals are met.

All pets (including cats, dogs, rabbits, rodents, birds, horses, ponies, fish, snakes and other reptiles), farm, circus and zoo animals are protected by the new Act. In fact, all vertebrate animals which are looked after by people are protected. The vertebrate family of animals includes all creatures which are mammals, birds, reptiles, amphibians and fish.

However, spiders and insects, including pets such as tarantulas and stick insects, are not vertebrate animals and are therefore not protected by this legislation. The other group of animals not protected by this legislation are wild animals, living in the wild. Although many wild animals and birds are protected by other legislation.

The Act places a duty on people who are responsible for animals to ensure that the welfare needs of their animals are met. The vast majority of pet owners take proper care of their animals but there are some, whilst not being deliberately cruel to their animals, nevertheless, fail to meet their animals’ basic welfare needs. This duty of care does not mean that it will be an offence to fail to take your dog for a walk one day, but if you kept it in a cage in a house and never took it for a walk, that would be failing to meet the welfare needs of the dog. The duty of care also means that people will need to ensure that their animals are given an adequate and appropriate diet.