Commentary on Sections Prevention of harm Section 5: Mutilation
22.This section prohibits the mutilation (referred to as a “prohibited procedure”) of any protected animal unless the procedure has been exempted from the general prohibition by regulations made under subsection (4). The expression “protected animal” is defined in section 2.
23.Subsection (3) defines the term "carrying-out of a prohibited procedure".
24.Subsection (4) makes provision for the Secretary of State and the National Assembly for Wales to specify procedures which will be exempted from subsections (1) and (2).
25.Subsection (5) imposes a duty on the Secretary of State and the National Assembly for Wales to consult before introducing regulations under subsection (4).
26.Subsection (6) makes clear that docking a dog’s tail is outside the scope of this section. This is to be considered solely under section 6.