Much of the law in relation to animals has now been
consolidated in the Animal Welfare Act 2006 which
applies in England and Wales and in the Animal
Health & Welfare (Scotland) Act 2006 which applies
in Scotland. This leaflet also refers to other legislation
which remains relevant.
Animal Welfare Act 2006
This Act is aimed at preventing cruelty, and promoting and ensuring
the welfare of animals.
The Act applies to both domestic and feral cats. In addition to
cruelty offences, the Act places an obligation on owners and those
responsible for cats (eg cattery owners) to ensure that the welfare
needs of their cats are met. These include the need:
for a suitable environment (place to live)
•
for a suitable diet
•
to exhibit normal behaviour patterns
•
to be housed with, or apart from, other animals
•
to be protected from pain, suffering, injury and disease
•
The penalties for committing an offence of cruelty, or for failing to
provide for an animal’s welfare needs, include a ban from owning
animals, a fine of up to £20,000 or, in some cases, a six-month
prison sentence.
The Act also increases the minimum age at which anyone can buy an
animal to 16.

Animal Health and Welfare

(Scotland) Act 2006

The Scottish Act mirrors many of the provisions of the Animal
Welfare Act 2006 but with some differences. For example, the
Scottish Act retains the offence of abandonment, whereas in
England and Wales this is covered by the cruelty offences and the
duty to ensure welfare.

Theft Act 1968

Cats are regarded in law as the ‘property’ of their owner. The theft
of a cat is treated as an offence under the Act in the same way as
theft of any other property.

A cat that is lost or has strayed is generally regarded as the property
of the original owner. It is therefore necessary to make all reasonable
endeavours to locate the original owner whenever possible.


Criminal Damage Act 1971

Because the law regards cats as property, an offence may be
committed under this Act if a person, without lawful excuse, kills or
injures a cat belonging to another person.

Animal Act 1971 and the Common Law Duty of Care

It is a commonly-held view that cats have a ‘right to roam’ wherever
they wish. This view is largely based upon the fact that certain
duties imposed upon the owners of dogs and livestock to keep
their animals under control (Road Traffic, Highways and Dangerous
Dogs Acts) do not apply to cat owners. The law in these respects
recognises that, by their nature, cats are less likely than some other
animals to cause injury to people or damage to property.
However, cat owners do have a general duty at law to take
reasonable care to ensure that their cats do not cause injury to
people or damage to property. In practice, cases involving damage
to property or injury to people by cats are few and far between.
Planning and Environmental Law

If large numbers of cats are kept at a domestic residence, the Local
Planning Authority may consider that the number of cats is not
incidental to the ordinary use and enjoyment of the residential
property. They may require the owner or occupier to make a
planning application for a change of use. If this is not granted then
the owner or occupier may be required to reduce the number of cats
kept at the property.

In addition, Environmental Health Departments have powers under
the Environmental Protection Act, 1990 in respect of nuisance or
hazards (eg fouling, smell and noise) caused as a result of too many
cats being kept at a single property.