This is the text of the Breeding and Sale of Dogs (Welfare)
Bill, as amended in Committee in the House of
Commons and printed on 21st April 1999.
A B I L L
[AS AMENDED IN STANDING COMMITTEE C]
TO
Amend and extend certain enactments relating to the commercial breeding
and sale of dogs; to regulate the welfare of dogs kept in commercial breeding
establishments; to extend powers of inspection; to establish records of
dogs
kept at such establishments; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same, as
follows:-
Licensing of breeding establishments etc.
Inspection and report before grant of
licence.
"(2A) On receipt of an application by a person to a local authority
for the grant of a licence under this Act in respect of any premises-
(a) if a licence under this Act has not previously been granted
to the person in respect of the premises, the authority shall
arrange for the inspection of the premises by a veterinary
surgeon or veterinary practitioner and by an officer of the
authority; and
(b) in any other case, the authority may arrange for the
inspection of the premises by a veterinary surgeon or
veterinary practitioner or by an officer of the authority (or by
both).
(2B) Where an inspection is arranged under subsection (2A) of
this section, the local authority shall arrange for the making of a
report about the premises, the applicant and any other relevant
matter; and the authority shall consider the report before
determining whether to grant a licence."
Licence conditions.
2. - (1) In subsection (4) of section 1 of the 1973 Act (matters to which
a
local authority shall have regard in determining whether to grant a licence
and about which conditions must be included in the licence), in paragraph
(b)
(dogs to be visited at suitable intervals, so far as necessary), omit "(so
far as
necessary)".
(2) In that subsection, after paragraph (e) insert-
"(f) that bitches are not mated if they are less than one year old;
(g) that bitches do not give birth to more than six litters of puppies
each;
(h) that bitches do not give birth to puppies before the end of the
period of twelve months beginning with the day on which they last
gave birth to puppies except where a veterinary surgeon or
veterinary practitioner has given written advice that breeding would
not be harmful; and
(i) that accurate records in a form prescribed by regulations are
kept at the premises and made available for inspection there by any
officer of the local authority, or any veterinary surgeon or veterinary
practitioner, authorised by the local authority to inspect the
premises;",
and for "paragraphs (a) to (e)" substitute "paragraphs (a) to (i)".
(3) After that subsection insert-
"(4A) Regulations under paragraph (i) of subsection (4) of this
section shall be made by the Secretary of State by statutory
instrument; and a statutory instrument containing regulations made
under that paragraph shall be subject to annulment in pursuance of
a resolution of either House of Parliament."
Commencement and duration of
licence.
3. - (1) After subsection (5) of section 1 of the 1973 Act insert-
"(5A) A local authority shall determine whether to grant such a
licence before the end of the period of three months beginning with
the day on which the application for the licence is received."
(2) In subsection (6) of that section (commencement of licences), for the
words from "(according" to the end substitute"come into force at the
beginning of the day specified in the licence as the day on which it is
to come
into force; and that day shall be the later of-
(a) the day stated in the application as that on which the
applicant wishes the licence to come into force; and
(b) the day on which the licence is granted."
(3) In subsection (7) of that section (period of licence), for "year to
which it
relates" substitute "period of one year beginning with the day on which
it
comes into force".
(4) Subsection (1) does not apply in relation to any application for a
licence
received before the day on which this Act comes into force; and subsections
(2) and (3) do not apply in relation to a licence granted before that day.
Imprisonment for keeping unlicensed
establishment etc.
4. - (1) In subsection (1) of section 3 of the 1973 Act (offence of keeping
an unlicensed establishment etc.), for the words from "to" to the end
substitute"to-
(a) imprisonment for a term not exceeding three months; or
(b) a fine not exceeding level 4 on the standard scale,
or to both."
(2) Subsection (1) does not apply in relation to an offence committed
before this Act comes into force.
Disqualification.
5. - (1) In subsection (3) of section 3 of the 1973 Act (cancellation of
licences and disqualification), for the words from "or of any offence"
to the
end substitute", the court by which he is convicted may (in addition to
or in
substitution for any penalty under subsection (1) or (2) of this section)
make
an order providing for any one or more of the following-
(a) the cancellation of any licence held by him under this Act;
(b) his disqualification, for such period as the court thinks fit,
from keeping an establishment the keeping of which is
required to be licensed under this Act; and
(c) his disqualification, for such period as the court thinks fit,
from having custody of any dog of a description specified in
the order."
(2) In subsection (4) of that section (suspension of cancellation or
disqualification pending appeal), for "ordered the cancellation of a person's
licence, or his disqualification, in pursuance of the last foregoing subsection"
substitute "made an order under this section".
(3) After that subsection insert-
"(5) Where a court makes an order under subsection (3)(c) of this
section in relation to a description of dogs it may also make such
order as it thinks fit in respect of any dog of that description which-
(a) was in the offender's custody at the time when the offence
was committed; or
(b) has been in his custody at any time since that time.
(6) An order under subsection (5) of this section may (in
particular)-
(a) require any person who has custody of the dog to deliver it
up to a specified person; and
(b) (if it does) also require the offender to pay specified
amounts to specified persons for the care of the dog from the
time when it is delivered up in pursuance of the order until
permanent arrangements are made for its care or disposal.
(7) A person who-
(a) has custody of a dog in contravention of an order under
subsection (3)(c) of this section; or
(b) fails to comply with a requirement imposed on him under
subsection (6) of this section,
shall be guilty of an offence.
(8) Where a court proposes to make an order under subsection
(5) of this section in respect of a dog owned by a person other than
the offender, the court shall notify the owner who may make
representations to the court; and if an order is made the owner may,
within the period of seven days beginning with the date of the order,
appeal to-
(a) in England and Wales, the Crown Court; or
(b) in Scotland, the High Court of Justiciary,
against the order.
(9) A person who is subject to a disqualification by virtue of an
order under subsection (3)(c) of this section may, at any time after
the end of the period of one year beginning with the date of the
order, apply to the court which made the order (or, in England and
Wales, any magistrates' court acting for the same petty sessions
area) for a direction terminating the disqualification from such date
as the court considers appropriate.
(10) On an application under subsection (9) of this section the
court-
(a) shall notify the relevant local authority which may make
representations to the court;
(b) shall, having regard to the applicant's character and his
conduct since the disqualification was imposed, any
representations made by the relevant local authority and any
other circumstances of the case, grant or refuse the
application; and
(c) may order the applicant to pay all or any part of the costs,
or (in Scotland) expenses, of the application (including any
costs, or expenses, of the relevant local authority in making
representations);
and in this subsection "the relevant local authority" means the local
authority in whose area are situated the premises in relation to
which the offence which led to the disqualification was committed.
(11) Where an application under subsection (9) of this section in
respect of a disqualification is refused, no further application under
that subsection in respect of that disqualification shall be entertained
if made before the end of the period of one year beginning with the
date of the refusal."
(4) In subsection (2) of section 2 of the Breeding of Dogs Act 1991
(disqualification for offence of obstruction etc. of inspector of premises
not
covered by a licence under the 1973 Act), for the words from "disqualify
him"
to the end substitute"make an order providing for either or both of the
following-
(a) his disqualification, for such period as the court thinks fit,
from keeping an establishment the keeping of which is
required to be licensed under the Breeding of Dogs Act 1973;
and
(b) his disqualification, for such period as the court thinks fit,
from having custody of any dog of a description specified in
the order."
(5) After that subsection insert-
"(2A) A court which has made an order under or by virtue of this
section may, if it thinks fit, suspend the operation of the order
pending an appeal.
(2B) Subsections (5) to (11) of section 3 of the Breeding of Dogs
Act 1973 (provisions about disqualification) apply in relation to an
order made under subsection (2)(b) above as they apply in relation
to an order made under subsection (3)(c) of that section."
(6) This section does not apply in relation to an offence committed before
this Act comes into force.
6. After section 3 of the 1973 Act insert-
"Fees.
3A. - (1) The costs of inspecting premises under this Act and the
Breeding of Dogs Act 1991 shall be met by the local authority concerned.
(2) A local authority may charge fees-
(a) in respect of applications for the grant of licences under this Act;
and
(b) in respect of inspections of premises under section 1(2A) of this
Act.
(3) A local authority may set the level of fees to be charged by virtue
of
subsection (2) of this section-
(a) with a view to recovering the reasonable costs incurred by them
in connection with the administration and enforcement of this Act
and the Breeding of Dogs Act 1991; and
(b) so that different fees are payable in different circumstances."
Definition of establishments.
7. Before section 5 of the 1973 Act insert-
"Breeding establishments for
dogs.
4A. - (1) References in this Act to the keeping of a
breeding establishment for dogs shall be construed
in accordance with this section.
(2) A person keeps a breeding establishment for
dogs at any premises if he carries on at those
premises a business of breeding dogs for sale
(whether by him or any other person).
(3) Subject to subsection (5) of this section,
where-
(a) a person keeps a bitch at any premises at
any time during any period of twelve months;
and
(b) the bitch gives birth to a litter of puppies at
any time during that period,
he shall be treated as carrying on a business of
breeding dogs for sale at the premises throughout
the period if a total of four or more other litters is born
during the period to bitches falling within subsection
(4) of this section.
(4) The bitches falling within this subsection are-
(a) the bitch mentioned in subsection (3)(a)
and (b) of this section and any other bitches
kept by the person at the premises at any time
during the period;
(b) any bitches kept by any relative of his at the
premises at any such time;
(c) any bitches kept by him elsewhere at any
such time; and
(d) any bitches kept (anywhere) by any person
at any such time under a breeding
arrangement made with him.
(5) Subsection (3) of this section does not apply if
the person shows that none of the puppies born to
bitches falling within paragraph (a), (b) or (d) of
subsection (4) of this section was in fact sold during
the period (whether by him or any other person).
(6) In subsection (4) of this section "breeding
arrangement" means a contract or other
arrangement under which the person agrees that
another person may keep a bitch of his on terms
that, should the bitch give birth, the other person is to
provide him with either-
(a) one or more of the puppies; or
(b) the whole or part of the proceeds of selling
any of them;
and "relative" means the person's parent or
grandparent, child or grandchild, sibling, aunt or
uncle or niece or nephew or someone with whom he
lives as a couple.
(7) In this section "premises" includes a private
dwelling.
Rearing establishments for
dogs.
4B. - (1) For the purposes of the application of this
Act in relation to Scotland, a person keeps a rearing
establishment for dogs at any premises if he carries
on at those premises a business of rearing dogs for
sale (whether by him or any other person).
(2) In subsection (1) of this section "premises"
includes a private dwelling."
Sale of dogs
Sale of dogs.
8. - (1) The keeper of a licensed breeding establishment is guilty of an
offence if-
(a) he sells a dog otherwise than at a licensed breeding establishment,
a
licensed pet shop or a licensed Scottish rearing establishment,
(b) he sells a dog otherwise than to the keeper of a licensed pet shop
or a
licensed Scottish rearing establishment knowing or believing that the person
who buys it intends that it should be sold (by him or any other person),
(c) he sells a dog which is less than eight weeks old otherwise than to
the
keeper of a licensed pet shop or a licensed Scottish rearing establishment,
(d) he sells to the keeper of a licensed pet shop or a licensed Scottish
rearing establishment a dog which was not born at a licensed breeding
establishment, or
(e) he sells to the keeper of a licensed pet shop or a licensed Scottish
rearing establishment a dog which, when delivered, is not wearing a collar
with an identifying tag or badge.
(2) The keeper of a licensed Scottish rearing establishment is guilty of
an
offence if-
(a) he sells a dog otherwise than at a licensed Scottish rearing
establishment or a licensed pet shop,
(b) he sells a dog otherwise than to the keeper of a licensed pet shop
knowing or believing that the person who buys it intends that it should
be
sold (by him or any other person),
(c) he sells a dog which is less than eight weeks old otherwise than to
the
keeper of a licensed pet shop, or
(d) he sells a dog which, when delivered to him, was wearing a collar with
an
identifying tag or badge but is not wearing such a collar when delivered
to
the person to whom he sells it.
(3) The keeper of a licensed pet shop is guilty of an offence if he sells
a dog
which, when delivered to him, was wearing a collar with an identifying
tag or badge
but is not wearing such a collar when delivered to the person to whom he
sells it.
(4) In proceedings against any person for an offence under this section
it shall
be a defence for that person to show that he took all reasonable steps
and
exercised all due diligence to avoid committing the offence.
(5) In this section-
"identifying tag or badge", in relation to a dog, means a tag or badge
which
clearly displays information indicating the licensed breeding establishment
at
which it was born and any other information required by regulations,
"licensed breeding establishment" means a breeding establishment for dogs
the keeping of which by its keeper (or, where more than one, each of its
keepers) is licensed under the 1973 Act,
"licensed pet shop" means a pet shop the keeping of which by its keeper
(or,
where more than one, each of its keepers) is licensed under the Pet Animals
Act 1951,
"licensed Scottish rearing establishment" means a rearing establishment
for
dogs the keeping of which by its keeper (or, where more than one, each
of
its keepers) is licensed under the 1973 Act (as it applies in relation
to
Scotland), and
"regulations" means regulations made by the Secretary of State by statutory
instrument;
and a statutory instrument containing regulations made under this section
shall be
subject to annulment in pursuance of a resolution of either House of Parliament.
Penalties.
9. - (1) A person guilty of an offence under section 8 is liable on summary
conviction to-
(a) imprisonment for a term not exceeding three months, or
(b) a fine not exceeding level 4 on the standard scale,
or to both.
(2) Where a person is convicted of an offence under section 8(1) or (2),
the
court before which he is convicted may (in addition to or in substitution
for any
penalty under subsection (1)) make an order providing for any one or more
of the
following-
(a) the cancellation of any licence held by him under the 1973 Act,
(b) his disqualification, for such period as the court thinks fit, from
keeping
an establishment the keeping of which is required to be licensed under
the
1973 Act, and
(c) his disqualification, for such period as the court thinks fit, from
having
custody of any dog of a description specified in the order.
(3) A court which has made an order under this section may, if it thinks
fit,
suspend the operation of the order pending an appeal.
(4) Where a court makes an order under subsection (2)(c) in relation to
a
description of dogs it may also make such order as it thinks fit in respect
of any
dog of that description which-
(a) was in the offender's custody at the time when the offence was
committed, or
(b) has been in his custody at any time since that time.
(5) An order under subsection (4) may (in particular)-
(a) require any person who has custody of the dog to deliver it up to a
specified person, and
(b) (if it does) also require the offender to pay specified amounts to
specified
persons for the care of the dog from time to time when it is delivered
up in
pursuance of the order until permanent arrangements are made for its care
or disposal.
(6) A person who-
(a) has custody of a dog in contravention of an order under subsection
(2)(c), or
(b) fails to comply with a requirement imposed on him under subsection (5),
is guilty of an offence.
(7) A person guilty of an offence under subsection (6) is liable on summary
conviction to-
(a) imprisonment for a term not exceeding three months, or
(b) a fine not exceeding level 4 on the standard scale,
or to both.
(8) Where a court proposes to make an order under subsection (4) in respect
of
a dog owned by a person other than the offender, the court shall notify
the owner
who may make representations to the court; and if an order is made the
owner
may, within the period of seven days beginning with the date of the order,
appeal
to-
(a) in England and Wales, the Crown Court, or
(b) in Scotland, the High Court of Justiciary,
against the order.
(9) A person who is subject to a disqualification by virtue of an order
under
subsection (2)(c) may, at any time after the end of the period of one year
beginning
with the date of the order, apply to the court which made the order (or,
in England
and Wales, any magistrates' court acting for the same petty sessions area)
for a
direction terminating the disqualification from such date as the court
considers
appropriate.
(10) On an application under subsection (9) the court shall, having regard
to-
(a) the applicant's character,
(b) his conduct since the disqualification was imposed, and
(c) any other circumstances of the case,
grant or refuse the application; and where an application under subsection
(9) in
respect of a disqualification is refused, no further application under
that subsection
in respect of that disqualification shall be entertained if made before
the end of the
period of one year beginning with the date of the refusal.
Supplementary
Repeals.
10. The Schedule (repeals, including repeals of spent enactments) has effect.
Short title, commencement
and extent.
11. - (1) This Act may be cited as the Breeding and Sale of Dogs (Welfare)
Act
1999.
(2) This Act shall come into force at the end of the period of six months
beginning with the day on which it was passed.
(3) This Act does not extend to Northern Ireland.
| S C H E D U L E | |||||||||||||||||||
| REPEALS | |||||||||||||||||||
|