Breeding and Sale of Dogs Bill - continued        House of Commons
Licensing of breeding establishments etc. - continued

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Disqualification.     5. - (1) In subsection (3) of section 3 of the 1973 Act (cancellation of licences and disqualification), for the words from "cancel" to the end substitute "(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 a 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.
 
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-
 
 
"Establishments to which Act applies.     4A. - (1) References in this Act to the keeping of a breeding establishment for dogs shall be construed in accordance with subsections (2) to (4) and (6) of 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) If, during any period of twelve months, five or more litters of puppies are born to bitches at any premises, each person who at any time during that period kept at those premises a bitch or bitches capable of giving birth to puppies shall (subject to subsection (4) of this section) be treated as having kept a breeding establishment for dogs at those premises throughout that period.
 
      (4) Subsection (3) of this section does not apply in relation to any person who shows that none of the puppies born to the bitch or bitches kept by him during the period at the premises was in fact sold (by him or any other person).
 
      (5) 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 puppies for sale (whether by him or any other person).
 
      (6) In this section "premises" includes a private dwelling."
 
 
Sale of puppies
Sale of puppies.     8. - (1) A person is guilty of an offence if he sells a puppy, otherwise than to the keeper of-
 
 
    (a) a licensed pet shop, or
 
    (b) a licensed Scottish rearing establishment,
  knowing or believing that the person who buys the puppy intends that it should be sold (at whatever age) by him or any other person.
 
      (2) A person is guilty of an offence if, in the course of business-
 
 
    (a) he sells a puppy otherwise than at a licensed breeding establishment, a licensed Scottish rearing establishment or a licensed pet shop, or
 
    (b) he sells to the keeper of a licensed pet shop or a licensed Scottish rearing establishment a puppy which was not born at a licensed breeding establishment.
      (3) For the purposes of subsection (2)(a) a puppy shall be taken to be sold otherwise than at a licensed breeding establishment, a licensed Scottish rearing establishment or a licensed pet shop if (even though the contract of sale was made at such an establishment or shop)-
 
 
    (a) the puppy is delivered to the buyer otherwise than at such an establishment or shop, and
 
    (b) the buyer has not, before the puppy is delivered, viewed it at such an establishment or shop.
      (4) For the purposes of subsection (2) a sale by a charity is not a sale in the course of business.
 
      (5) 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.
 
      (6) In this section-
 
 
    "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
 
    "puppy" means a dog which is less than sixteen weeks old.
 
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