Commentary on Sections Introductory Section 3: Responsibility for animals
16.Sections 4(2), 5(2), 6(2), 7(2) and 9 only apply to persons who are “responsible for an animal” as that phrase is understood under this section. Similarly, the power to issue improvement notices in section 10 and the regulation-making power in section 12 can be exercised only in relation to animals for which a person is responsible. The same is true for licensing and registration provisions under section 13.
17.Responsibility for an animal is only intended to arise where a person can be said to have assumed responsibility for its day-to-day care or for its care for a specific purpose or by virtue of owning it. This will include a person who assumes responsibility for the animal temporarily (subsection (1)) such as, for example, a veterinary surgeon taking responsibility for the animals kept in his surgery overnight, staff at boarding premises, and staff at animal sanctuaries.