Breeding and Sale of Dogs Bill
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A
B I L L
[AS AMENDED IN STANDING COMMITTEE A]
TO
Amend and extend certain enactments relating to the breeding and sale of dogs; to regulate the welfare of dogs kept in 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:-
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Licensing of breeding establishments etc. |
| Inspection and report before grant of licence. |
1. After section 1(2) of the Breeding of Dogs Act 1973 ("the 1973 Act") insert-
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"(2A) On receipt of an application for the grant of a licence under this Act as respects any premises, a local authority shall arrange for the inspection of the premises by-
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(a) a veterinary surgeon or veterinary practitioner; and |
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(b) an officer of the authority, |
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and for the making by them of a report to the authority about the premises, the applicant and any other relevant matter; and the local authority shall consider the report before determining whether to grant a licence."
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| 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), after paragraph (e) insert-
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"(f) that bitches do not give birth to puppies if they are less than one year old or more than eight years old;
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(g) that bitches do not give birth to puppies before the end of the period of nine months beginning with the day on which they last gave birth to puppies;
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(h) 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 (h)". |
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(2) After that subsection insert-
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"(4A) Regulations under paragraph (h) 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."
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| Commencement and duration of licence. |
3. - (1) After subsection (5) of section 1 of the 1973 Act insert-
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"(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."
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(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-
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(a) the day stated in the application as that on which the applicant wishes the licence to come into force; and |
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(b) the day on which the licence is granted." |
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(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".
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(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.
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| Imprisonment for keeping unlicensed establishment etc. |
4. - (1) In section 3(1) of the 1973 Act (offence of keeping an unlicensed establishment etc.), for the words from "to" to the end substitute "to-
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(a) imprisonment for a term not exceeding three months; or |
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(b) a fine not exceeding level 4 on the standard scale, |
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or to both."
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(2) Subsection (1) does not apply in relation to an offence committed before this Act comes into force.
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