This Act amends and extends certain enactments relating to the commercial breeding and sale of dogs; regulates the welfare of dogs kept in commercial breeding establishments; extends powers of inspection; and establishes records of dogs kept at such establishments. This Act substantially amended the Breeding of Dogs Acts 1973 and 1991.
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:—
[Sections 1 - 7 amended the Breeding of Dogs Act 1973 ]
8 Sale of dogs
(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.
Annotation
Scotland: The functions of the Secretary of State are transferred, in so far as they are exercisable in or as regards Scotland, to the Scottish Ministers, by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 2) Order 1999, SI 1999/3321, art 2(b), 3, 4.
9 Penalties
(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.
[Section 10 activates the Schedule, which repealed a number of provisions of previous legislation]
11 Short title, commencement and extent
(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.