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Make
provision for residents of care homes and sheltered accommodation
to |
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keep domestic pets in certain
circumstances; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Keeping
of domestic pets in care homes and sheltered accommodation |
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(1) |
Operators of care homes
and sheltered accommodation must grant permission |
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to a resident to keep an
authorised domestic pet within their accommodation, |
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subject to subsections (2)
and (3) below. |
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(2) |
An operator of a care home
or sheltered accommodation may refuse |
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permission to a resident
to keep a domestic pet only if— |
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(a) |
the pet is of a species not
authorised by the Secretary of State under |
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(b) |
the operator has reasonable
cause to believe that such a refusal is |
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necessary for the safety of
other residents of the care home or sheltered |
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(c) |
the operator has reasonable
cause to believe that the welfare needs of |
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the animal, as defined by
section 9(2) of the Animal Welfare Act 2006, |
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(3) |
An operator of a care home
or sheltered accommodation may charge a resident |
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who keeps an authorised domestic
pet a fee, which shall not be more than the |
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reasonable additional cost
incurred by the operator by the presence of the pet. |
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(4) |
The Secretary of State may
by order made by statutory instrument designate |
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those species of domestic
pets which are to be authorised for the purposes of |
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(5) |
The Secretary of State shall
consult interested parties before making any order |
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(1) |
A resident may appeal to
the Care Quality Commission (“the Commission”) |
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against any refusal of permission
under subsection 1(2). |
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(2) |
The Commission must decide
on any such appeal within 28 days of its receipt. |
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(3) |
The operator of a care home
or sheltered accommodation must make |
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reasonable provision for
the accommodation and welfare of the animal |
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concerned during the period
of any appeal under subsection (1), for which the |
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(4) |
Operators of care homes
or sheltered accommodation must comply with any |
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decision of the Care Quality
Commission under subsections (1) and (2). |
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“Care home”
has the meaning it has for the purposes of the Care |
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Standards Act 2000 by virtue
of section 3 of that Act; |
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“Domestic pet”
means an animal of a kind which is commonly |
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domesticated as a companion
within the United Kingdom, and for |
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which a particular person
is responsible. |
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There
is to be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums payable under any other Act out of money so provided. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Care Homes and Sheltered Accommodation |
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(Domestic Pets) Act 2010. |
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(2) |
Subsection 1(5) comes into
force on the day after the Act receives Royal Assent. |
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(3) |
The rest of the Act comes
into force at the end of the period of 6 months |
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beginning with the day on
which it is passed. |
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(4) |
This Act extends to England
and Wales. |
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