S.C.C.

Amendment Paper as at
Wednesday 21st April 1999

STANDING COMMITTEE C

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Mr James Clappison

That during proceedings on the Breeding and Sale of Dogs (Welfare) Bill the Committee do meet on Wednesdays at half-past Ten o'clock and half-past Four o'clock.

BREEDING AND SALE OF DOGS (WELFARE) BILL

   

Mr James Clappison

1

Clause     1,     page     1,     line     6,     leave out from 'In' to end of line 2 on page 2 and insert 'the Breeding of Dogs Act 1973 ("the 1973 Act"), after subsection (2) of section 1 insert—

    "(2A) On receipt of an application by a person to a local authority for the grant of a licence under this Act in respect of any premises—
(a) if a licence under this Act has not previously been granted to the person in respect of the premises, the authority shall arrange for the inspection of the premises by a veterinary surgeon or veterinary practitioner and by an officer of the authority; and
(b) in any other case, the authority may arrange for the inspection of the premises by a veterinary surgeon or veterinary practitioner or by an officer of the authority (or by both).

    (2B) Where an inspection is arranged under subsection (2A) of this section, the local authority shall arrange for the making of a report about the premises, the applicant and any other relevant matter; and the authority shall consider the report before determining whether to grant a licence.".'.

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Mr James Clappison

2

Clause     2,     page     2,     line     6,     leave out 'delete' and insert '(dogs to be visited at suitable intervals, so far as necessary), omit'.

   

Mr James Clappison

3

Clause     2,     page     2,     line     12,     leave out 'date' and insert 'day'.

   

Mr James Clappison

4

Clause     2,     page     2,     line     13,     leave out from 'except' to 'and' in line 14 and insert 'where a veterinary surgeon or veterinary practitioner has given written advice that breeding would not be harmful;'.

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Mr James Clappison

5

Clause     4,     page     3,     line     1,     leave out 'section 3(1)' and insert 'subsection (1) of section 3'.

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Mr James Clappison

6

Clause     5,     page     3,     line     9,     leave out '"cancel" to the end substitute "(in' and insert '"or of any offence" to the end substitute ", the court by which he is convicted may (in'.

   

Mr James Clappison

7

Clause     5,     page     3,     leave out lines 14 and 15.

   

Mr James Clappison

8

Clause     5,     page     3,     line     18,     leave out 'or the Pet Animals Act 1951'.

   

Mr James Clappison

9

Clause     5,     page     4,     line     11,     leave out '(3)(c) or 3(d)' and insert '(3)(d)'.

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Mr James Clappison

10

Clause     6,     page     5,     line     19,     leave out 'and (2B)'.

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Mr James Clappison

11

Clause     7,     page     5,     line     29,     leave out from beginning to end of line 15 on page 6 and 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'.

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Mr James Clappison

12

Clause     8,     page     6,     line     18,     leave out from beginning to end of line 39 and insert—

    '(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.'.

   

Mr James Clappison

13

Clause     8,     page     6,     line     43,     at end insert—

' "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,'.

   

Mr James Clappison

14

Clause     8,     page     7,     line     7,     at end insert '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.'.

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Mr James Clappison

15

Clause     9,     page     7,     line     13,     leave out '8' and insert '8(1) or (2)'.

   

Mr James Clappison

16

Clause     9,     page     7,     line     17,     leave out 'or the Pet Animals Act 1951'.

   

Mr James Clappison

17

Clause     9,     page     7,     line     21,     leave out from 'Act' to ', and' in line 22.

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Mr James Clappison

18

Schedule,     page     9,     line     4,     column     3,     leave out from 'section' to end of line 5 and insert '1, in subsection (2), the words "under this Act" and the words from "and on payment" to "determine" and, in subsection (4)(b), the words "(so far as necessary)".'.

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Prepared 21 Apr 1999