UK Tail Docking legislation as at May 2007

All UK legislation has now been passed and enacted as follows;

The docking of dogs' tails was banned in England from 6 April 2007 and in Wales from 28 March 2007 but with exemptions from the ban for certain working dogs, and for medical treatment. A total ban in Scotland took effect 30 April 2007

There is also a ban on the showing of docked dogs (all dogs docked after the commencement date of 6 April/28 March) at events to which members of the public are admitted on payment of a fee. However, this ban does not apply to dogs shown for the purpose of demonstrating their working ability.

The exemption for working dogs allows a dog that is likely to perform certain specified types of work to have its tail docked by a veterinary surgeon. The dog will have to be less than 5 days old and the veterinary surgeon will have to certify that he or she has seen specified evidence that the dog is likely to work in specified areas. Puppies being docked must be microchipped, either at the time of docking or when the vet considers they are old enough. The types of dog that are allowed to be docked and the types of evidence needed, is detailed below.

Puppies from certain working dogs may be docked if evidence is provided to the vet that it is likely to be worked in connection with law enforcement, activities of Her Majesty’s Armed Forces, emergency rescue, lawful pest control, or the lawful shooting of animals.  It is accepted that in a litter, not all puppies docked will be found suitable for work.

The owner of the dog, or person representing the owner must make a signed statement that, the dam of the puppies to be docked is of a type which can be certified as set out below, the date on which the puppies were born and that it is intended that they will be used, or sold, for one of the working purposes set out in the regulations.

The vet must sign a declaration that the requirements of the regulations have been satisfied i.e. that he has been given the necessary declaration by the owner or person representing the owner and has seen the evidence required.

The vet must have a completed statement, signed and dated by the owner of the dog (or by another person whom the veterinary surgeon to whom it is presented reasonably believes to be representing the owner), made in the form set out in the regulations. The vet must see the dam of the dog and a further piece of evidence such as:

a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals OR

a letter from a gamekeeper, a land occupier (or his agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him and that dogs bred by that breeder have been used (as the case may be) on his land, or in his shoot, or for pest control.

Although the procedure is the same, the list of dogs which can be docked are different between England and Wales. There is a total ban on docking in Scotland.

In England the following can be docked:

1.      Hunt point retrieve breeds of any type or combination of types.

2.      Spaniels of any type or combination of types.

3.      Terriers of any type or combination of types.

In Wales the following can be docked:

1.      Spaniels of the following breeds: English Springer Spaniel, Welsh Springer Spaniel and Cocker Spaniel, but not combinations of breeds

2.      Terriers of the following breeds: Jack Russell Terrier, Cairn Terrier, Lakeland Terrier, Norfolk Terrier, but not combinations of breeds

3.      Hunt point retrievers of the following breeds:

Braque Italian, Brittany, German Long Haired Pointer, German Short Haired Pointer, German Wire Haired Pointer, Hungarian Vizsla, Hungarian Wire Haired Vizsla, Italian Spinone, Spanish Water Dog, Weimaraner, Korthals Griffon, Slovakian Rough Haired Pointer, Large Munsterlander, Small Munsterlander.

It remains the prerogative of a veterinary surgeon as to whether he chooses to dock a dog’s tail or not.
 
Showing of Docked Dogs

A dog docked before the 28 March 2007 in Wales and 6 April 2007 in England may continue to be shown at all shows in England, Wales, Scotland and Northern Ireland throughout its natural life.

A dog docked on, or after, the above dates, irrespective of where it was docked, may not be shown at shows in England and Wales where the public is charged a fee for admission.

However, where a working dog has been docked in England and Wales under the respective regulations set out above, it may be shown where the public are charged a fee, so long as it is shown “only to demonstrate its working ability”. It will thus be necessary to show working dogs in such a way as ONLY to demonstrate their working ability and not conformity to a standard.

A dog legally docked in England, Wales, Northern Ireland or abroad may be shown at any show in Scotland or Northern Ireland.

Is the BANDING of tails still legal in the UK?

A lot of breeders are under the misconception that the UK law is akin to the new docking laws in Australia. In Australia it is illegal to surgically remove the tail of as puppy so "banding" is a gray area which breeders have so far successfully defended in court. The UK Acts make it an offence "to remove the whole or any part of a dogs tail", (except for those exempt under the regulations) and our legal advisors state that both cutting and banding are covered by the ban in the main Act.

A person found guilty of an offence under the Animal Welfare Act 2006 (England) shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding £20,000 or both

Is Dew Claw removal still legal?

The removal of dew claws is still permitted.  In England it is allowed under The Mutilations (Permitted Procedures) (England) Regulations 2007 and in Wales under The Mutilations (Permitted Procedures) (Wales) Regulations 2007.

Both Regulations operate alongside the Veterinary Surgeons Act 1966. As such the removal of dew claws by laypeople (over 18 years of age) or vets, before the dogs eyes are open, is allowed.  The regulations state that the procedure must be carried out in the following manner:

(a) in accordance with any relevant requirement in Schedules 2 to 9,
(b) in such a way as to minimise the pain and suffering it causes to the animal,
(c) in hygienic conditions, and
(d) in accordance with good practice.

Full Regulations, certification and other links:

The certificate needed to be completed by a working dog owner
and docking vet for EACH puppy, in pdf format

A suggested information sheet to be given to each new puppy owner.
This document has NOT been drawn up or checked by a solicitor (as yet) so the CDB
cannot accept responsibility for any complications arising from its use

The Docking of Working Dogs Tails (England) Regulations 2007, in pdf format

The explanatory memorandum to the regulations, in pdf format

The Animal Welfare Act in full

The Kennel Club has a tail docking question and answer information page here

DEFRA has a tail docking information page here