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Duty to protect animal welfare.
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11.—(1) A person who has a protected animal in his or her possession or under his or her control shall, having regard to the animal’s nature, type, species, breed, development, adaptation, domestication, physiological and behavioural needs and environment, and in accordance with established experience and scientific knowledge, take all necessary steps to ensure that—
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(b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner so that they do not cause injury or unnecessary suffering to the animal.
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(3) Where a person having possession or control of a protected animal fails to comply with subsection (1) and the person is not the owner of the protected animal, then the owner of the animal shall also have committed an offence under subsection (2), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1).
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