Breeding and Sale of Dogs Bill
This is the text of the Breeding and Sale of Dogs Bill, as presented to the House of Commons on 18 June 1997.
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EXPLANATORY MEMORANDUM
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Breeding and Sale of Dogs Bill
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A
B I L L
TO
Amend and extend certain enactments regulating 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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Breeding establishments for dogs |
| Licensing of breeding establishments for dogs. |
1. - (1) In the Breeding of Dogs Act 1973 (in this Act referred to as "the 1973 Act"), in section 5(2) (interpretation), the definition of "breeding establishment" shall be repealed and after that definition there shall be inserted-
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""licensing year" means any period of twelve months beginning on 1st January;". |
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(2) After section 5(2) of the 1973 Act there shall be inserted-
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"(3) For the purposes of this Act a person keeping a breeding establishment for dogs shall be taken to keep it at the premises where the bitches employed for the purposes of the business concerned are kept.
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(4) Without prejudice to the generality of subsection (1) above, for the purposes of any proceedings under this Act, a person shall be presumed to keep a breeding establishment for dogs at premises kept by him on any specified day if it is shown that during the licensing year in which that day falls five or more litters of puppies were bred at those premises unless the person proves that none of the puppies in question were sold; and, for that purpose, where a person breeds dogs at more than one premises, each of the premises at which the dogs are bred shall be taken to be part of the same premises.".
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(3) In section 1(4) of the 1973 Act (matters to which local authorities shall have regard in licensing breeding establishments), after paragraph (e) there shall be inserted-
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"(f) that the facilities available at the premises will be sufficient to maintain the health and welfare of the dogs; |
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(g) that no puppies are bred from a bitch which is under twelve months, or over eight years, of age; |
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(h) that a bitch from which a litter has been bred does not produce another litter for at least nine months; |
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(i) that breeding records in a form prescribed by the local authority will be maintained and made available for inspection at the premises by any officer of the local authority, or by any veterinary surgeon or veterinary practitioner, authorised by the local authority to inspect the premises;"; |
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and for the words "paragraphs (a) to (e)" there shall be substituted the words "paragraphs (a) to (i)". |
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(4) In section 1(6) and (7) of the 1973 Act (duration of licences), for the word "year", in each place where it occurs, there shall be substituted the words "licensing year".
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| Inspection of breeding establishments for dogs. |
2. - (1) After section 1(2) of the 1973 Act (licensing of breeding establishments for dogs) there shall be inserted-
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"(2A) A local authority shall not determine an application for the grant of a licence for the keeping of a breeding establishment for dogs at any premises unless-
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(a) the premises and the dogs kept there have been inspected by a veterinary surgeon or veterinary practitioner approved by them- |
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(i) in the case of an application for the grant of a licence, within the period of three months immediately preceding the date on which the licence is to come into force; or
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(ii) in the case of an application for the renewal of a licence, within the period of three months immediately preceding the beginning of the licensing year to which the renewal relates; and
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(b) they have received and considered a report of that inspection which contains such particulars as in their view enable them to determine whether the premises are suitable for the keeping of a breeding establishment for dogs.". |
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(2) In section 1(2) of the 1973 Act (licensing of breeding establishments for dogs), for the words "of two pounds or such reasonable sum as the authority determine" there shall be substituted the words "of such sum as the authority shall determine under subsection (11) of this section"; and at the end of that section there shall be inserted -
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"(11) A local authority shall charge such fee or fees in respect of applications made for the grant or renewal of licences under this Act as may be sufficient in aggregate to recover the reasonable costs incurred by them in connection with the administration and enforcement of this Act including, in particular, the costs incurred by them in connection with the inspection of premises in accordance with this Act.".
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| Seizure and forfeiture of dogs. |
3. After section 2 of the 1973 Act there shall be inserted-
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| "Seizure and forfeiture of dogs. |
3A. - (1) If it appears to a local authority that a person is keeping a breeding establishment for dogs in contravention of the provisions of this Act, the local authority may seize and detain in a place of safe custody any dog kept at the premises in question which appears to the local authority to have been used for breeding purposes or bred in the course of the business carried on at the premises.
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(2) Where proceedings in respect of the contravention are not instituted within the period of two months beginning with the day on which the dog is seized, the local authority shall return the dog to its owner.
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(3) Where proceedings in respect of the contravention are instituted, the court-
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(a) if the person is convicted- |
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(i) may order the forfeiture of any dog seized under this section or order that it be returned to its owner; and
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(ii) in either case, may order the owner to pay to the local authority an amount in respect of the reasonable costs of the detention of the dog, including veterinary treatment where required; or
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(b) if the person is not convicted, shall order that any dog seized under this section be returned to its owner.". |
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| Penalties. |
4. - (1) Section 3 of the 1973 Act (offences and disqualifications) shall be amended as follows.
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(2) In subsection (1) for the words "a fine not exceeding level 4 on the standard scale" there shall be substituted the words "imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or both".
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(3) In subsection (3) for the words from "cancel any licence" to the end there shall be substituted the words ", in addition to or in substitution for any other punishment-
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(a) order the cancellation of any licence held by him under this Act or the Pet Animals Act 1951; |
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(b) whether or not he is the holder of such a licence, order him to be disqualified from keeping a breeding establishment for dogs or a pet shop (within the meaning of the said Act of 1951) for such period as the court thinks fit; |
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(c) order him to be disqualified from having custody of a dog for such period as the court thinks fit; and |
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(d) order the forfeiture of any dog which is on the premises and is owned or kept by him". |
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(4) In subsection (4) (suspension of operation of cancellation of licence or disqualification pending appeal), for the words "ordered the cancellation of a person's licence, or his disqualification" there shall be substituted the words "made an order".
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Sale of dogs |
| Restrictions on the sale of dogs. |
5. - (1) Any person other than-
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(b) the keeper of a licensed pet shop, |
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who, without reasonable cause or excuse, sells a puppy shall be guilty of an offence.
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(2) Subsection (1) above shall not apply in relation to the sale of a puppy by an employee of its breeder if the puppy has been bred at premises licensed as a breeding establishment under the 1973 Act and the sale takes place at those premises.
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(3) Any person who sells a puppy knowing that the buyer intends to sell the puppy to another person shall be guilty of an offence; but this subsection shall not apply where the sale in question is by the breeder of the puppy to the keeper of a licensed pet shop.
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(4) Any person who sells a dog in any public place shall be guilty of an offence.
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(5) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or both.
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(6) Where a person is convicted of an offence under this section, the court by which he is convicted may, in addition to or in substitution for any other punishment-
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(a) order the cancellation of any licence held by him under the Breeding of Dogs Act 1973 or the Pet Animals Act 1951; |
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(b) whether or not he is the holder of such a licence, order him to be disqualified from keeping a breeding establishment for dogs (within the meaning of the said Act of 1973) or a pet shop (within the meaning of the said Act of 1951) for such period as the court thinks fit; |
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(c) order him to be disqualified from having the custody of a dog for such period as the court thinks fit; and |
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(d) order the forfeiture of any dog which is on the premises and is owned or kept by him. |
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(7) A court which has made an order under subsection (6) above may, if it thinks fit, suspend the operation of the order pending an appeal.
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(8) In section 1 of the Pet Animals Act 1951 (licensing of pet shops) after subsection (3), there shall be inserted-
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"(3A) Without prejudice to the generality of subsection (3) of this section, the conditions to be specified in a licence for the keeping of a pet shop by any person at any premises shall include conditions which are intended to secure-
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(a) that any puppy to be sold at the premises is purchased only from its breeder; |
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(b) that any dog sold at the premises is over six weeks old and has been adequately vaccinated against all infectious diseases that appear to the local authority to be relevant; |
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(c) that any dog to be sold at the premises, while under the custody of the keeper of the pet shop, is properly supervised and is not kept unattended at any premises at any time; and |
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(d) that any dog to be sold at the premises, while under the custody of the keeper of the pet shop, is inspected by a veterinary surgeon or veterinary practitioner approved by the local authority not less than once every ten working days and that a written report of each such inspection prepared by the veterinary practitioner or veterinary surgeon is submitted to the local authority.". |
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(9) In this section-
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"breeder", in relation to a puppy, means the owner or joint owner of the bitch or stud dog from which the puppy has been bred; |
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"licensed pet shop" means a pet shop which is kept under the authority of a licence granted under the Pet Animals Act 1951; |
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"public place" means any street, road or other place (whether or not enclosed) to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; and |
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"puppy" means a dog which is less than sixteen weeks of age. |
| Saving for existing licences. |
6. Nothing in this Act shall affect the validity of a licence which was granted under the 1973 Act before this Act comes into force.
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| Citation, commencement and extent. |
7. - (1) This Act may be cited as the Breeding and Sale of Dogs Act 1998.
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(2) This Act shall come into force at the end of the period of two months beginning with the day on which it was passed.
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(3) This Act does not extend to Northern Ireland.
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