(1) The Animal Welfare Act 2006 is amended as follows.
(2) In section 4 (offence of causing unnecessary suffering to a protected animal), after subsection (3) insert—
(3A) In determining for the purposes of subsection (1) whether suffering is unnecessary in a case where it was caused by conduct for a purpose mentioned in subsection (3)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if—
(a) the animal was under the control of a relevant officer at the time of the conduct,
(b) it was being used by that officer at that time, in the course of the officer's duties, in a way that was reasonable in all the circumstances, and
(c) that officer is not the defendant.
(3B) In subsection (3A) “ relevant officer ” means—
(a) a constable;
(b) a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes;
(c) a prisoner custody officer within the meaning of Part 4 of the Criminal Justice Act 1991.
(3C) The Secretary of State may by regulations amend subsection (3B).
Only a person in the public service of the Crown may be specified in subsection (3B) by virtue of regulations under this subsection.
(3) In section 61(2) (regulations subject to affirmative resolution procedure), after “section 1(3),” insert “ 4(3C), ” .