Breeding and Sale of Dogs (Welfare) Bill - continued        House of Lords
Licensing of breeding establishments etc. - continued

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Fees.     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 the 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.
 
 
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Prepared 11 May 1999