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<p>Section 1(1) of the Animal Welfare Act 2006 defines an animal for the purpose of
the Act as a vertebrate other than man. This is because, as stated in the <em>Explanatory
Notes</em> to the Act, vertebrates are currently “the only demonstrably sentient animals”.
Section 1(3) of the Act provides powers to extend the definition of “animal” to cover
invertebrates if scientific evidence shows they are also sentient; that is they “are
capable of experiencing pain or suffering”.</p><p> </p><p>The main “cruelty” offence
in the Act (at section 4) applies to all vertebrates commonly domesticated in the
British Islands, whether they can be said to be under the control of man or not and
to all other vertebrates under the control of man, or not living in a wild state (“protected
animals)”. The Wild Mammals (Protection) Act 1996 specifically protects any other
wild mammals from cruelty. The main “promotion of welfare” offence at section 9 of
the Animal Welfare Act 2006 covers any vertebrate for which a person is responsible.
Therefore the main offences in the Animal Welfare Act cover both farmed vertebrates
and any wild vertebrates under the control of man, or not living in a wild state.</p><p>
</p><p>The cruelty offence at section 4 also applies to any vertebrates used in a
laboratory excepting anything lawfully permitted under <em>The Animals (Scientific
Procedures) Act 1986</em>.</p><p> </p>
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