Why Scotland needs a National Animal Offenders Register – SSPCA
The internet has helped create forms of animal exploitation and abuse that simply did not exist in the past
When the Animal Health and Welfare (Scotland) Act 2006 was introduced, it was rightly seen as world leading. It placed Scotland at the forefront of animal welfare, embedding a duty of care and creating a strong legal foundation for enforcement.
But legislation cannot stand still. Nearly 20 years on, the world in which that Act operates has changed fundamentally, and the systems around it have not kept pace.
Today, we are dealing with forms of animal harm that simply did not exist in 2006. The rise of online marketplaces and social media has transformed how animals are bought, sold and, in some cases, exploited.
Animals treated as commodities
Organised networks now operate across borders, facilitating low welfare breeding and illegal trade through digital platforms. What was once localised is now scalable, fast-moving and far harder to detect.
At the same time, there has been a subtle but important shift in how animals are perceived. Too often, they are treated as commodities, something to be bought and replaced, rather than sentient beings whose welfare must be protected. This shift places increasing pressure on enforcement systems that were not designed for this level of complexity or volume.
But one of the clearest weaknesses in the current system is not just how harm happens, it’s what happens afterwards.
When courts impose a disqualification order, banning someone from keeping animals, that decision should provide meaningful and lasting protection. It should prevent further harm and act as a clear safeguard. In reality, the system does not consistently support that outcome.
There is currently no single, accessible mechanism that allows enforcement agencies, local authorities, or animal welfare organisations to easily identify individuals who are subject to bans.
That gap has real consequences. It allows repeat offending to go undetected, weakens the deterrent effect of sentencing, and undermines public confidence in the system. It also creates missed opportunities to identify wider risks, particularly given the well-established links between animal abuse and other forms of harm.
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A court order – but only on paper
That’s why the Scottish SPCA is calling for the creation of a National Animal Offenders Register.
This would provide a secure, statutory system linking enforcement agencies and relevant partners, allowing them to record, access and act on information relating to disqualification orders and relevant convictions. It would ensure bans imposed by the courts are visible, enforceable and meaningful in practice, rather than existing only on paper.
This is not about creating additional punishment. It’s about ensuring decisions already made by the courts have real effect, and animals are protected from known, preventable risks. It would also support better decision-making across the system.
Licensing authorities could identify high-risk applicants before granting licences. Enforcement bodies could take a more proactive, intelligence-led approach. Rehoming organisations and veterinary professionals could be better informed where appropriate. And, importantly, safeguarding partners could gain a clearer picture of individuals whose behaviour may present broader risks.
Even the underlying welfare frameworks have evolved. The ‘Five Freedoms’, which underpin much of the current legislation, have been superseded by the ‘Five Domains Model’, reflecting a more modern understanding of animal welfare that includes not just the avoidance of suffering, but the promotion of positive experiences. Animals are sentient beings and legislative reform needs to reflect that.
The 2006 Act predates the digital age as we know it now, and as a result it does not fully address the way animals are traded today, nor the way offending can be facilitated online. Furthermore, animal welfare science has advanced, with the Five Domains model providing a more complete understanding of what good welfare looks like, recognising the importance of both physical and psychological wellbeing.
These changes all point to the need for reform, but reform should not be abstract or overly complex. It should focus on practical, targeted measures that make the greatest difference.
A National Animal Offenders Register is one of those measures. It addresses a clear, identifiable gap in the current system, strengthens enforcement, and improves protection for animals without placing unnecessary burden on responsible owners or legitimate businesses. It is proportionate, achievable, and grounded in operational reality.
A system that’s fit for purpose
The Animal Health and Welfare (Scotland) Act 2006 was progressive for its time. However, Scotland now has an opportunity to show that same leadership again but doing so will require recognising that animal welfare is not the responsibility of any one organisation alone.
It is a shared responsibility across government, enforcement agencies, industry and the public, and it requires a coordinated approach that ensures decisions made in law are supported in practice.
A review of the Act should modernise the law, reflect current risks, and ensure that enforcement systems are fit for purpose. But at its core, it should focus on making the system work in practice.
A National Animal Offenders Register would be a practical, proportionate and necessary step in ensuring that Scotland remains a leader in animal welfare, not just in principle, but in practice.
If Scotland is serious about closing the gap between what the law intends and what happens in practice, then reform must be both ambitious and deliverable. The Scottish SPCA has set out a clear and practical vision for strengthening animal welfare through its manifesto, focused on prevention, enforcement and modernisation of the law.
As Scotland approaches the next Scottish Parliament election, there is a real opportunity for candidates to demonstrate their commitment to these issues. As such, we are calling on all candidates to engage with us, understand the challenges facing animal welfare today, and show their support for the measures that will make a meaningful difference.
Because ensuring Scotland remains a country that protects its animals is not just a policy choice, it reflects the values we choose to uphold.
Nicola Strachan is the Scottish Society for the Prevention of Cruelty to Animals’ head of advocacy and strategic partnerships