There is substantial confusion over the term “rights” in respect of animals. Contrary to certain perceptions, this Act does NOT endow animals with rights equivalent to human rights, but the new laws do obligate humans to provide animals in their care with certain welfare minimums. Parliaments intention that people need to take these obligations seriously are arguably reflected in the fact that the Act includes fines of up to £20,000 and jail terms for breaches of stated animal care obligations. The Animal Welfare Act brings the duties of care for non-farm animals in line with the duties that have applied to farm animals for quite some time.

According to Dr Ian Robertson, a barrister specialising in animals, and a veterinarian "legislation needs to be understood by the people it affects, and the people that enforce it". "Its provisions should be clear, equitable and practical" says Dr Robertson, "and it follows that matters of enforcement involve a lot more than simply higher penalties or prosecution".

“Education programmes, and well thought out codes of practice are going to be a necessary if this act is to have effective and efficient outcomes for the animals, and the people that deal with them” says Dr Robertson.

The new duties are based on concepts of “the five freedoms”, referred to in the legislation as “needs”. This means that caregivers are obliged to make sure that animals have a proper diet, are housed with or apart from other animals according to their need, have the ability to express normal behaviour and are protected from pain, suffering, injury and disease.

Under the Act the minimum age for buying a pet will rise from 12 to 16, and under-16s will not be allowed to win a pet as a prize.

The Act also bans the docking of dogs' tails for cosmetic reasons, with the exception of "working" dogs used by the police, armed forces, search and rescue, and gun dogs.

Dr Ian Robertson teaches the subject of Animal Law at Leeds University School of Law. Animal Law is a developing discipline within the general body of law, which considers the legal issues dealing with animals, that takes into account the unique nature of animals and the human relationship with them. Consequently the includes consideration of how the Animal Welfare Act affects the use of animals in agriculture, research, and other areas involving animals.