Section 5(3) was amended by paragraph 3(2) of Schedule 3 to the Animal Welfare Act 2006. the postal address where it normally resides. 3. The animals must be trained by competent staff and given suitable and adequate opportunities to become habituated to being exhibited, using positive reinforcement. the death or escape of an animal (including the storage of carcasses); be in place covering the care of the animals following the suspension or revocation of the licence or during and following an emergency. The Breeding of Dogs (Licensing Records) Regulations 1999(55) are revoked. (3) Subsequent reports must be published at intervals not exceeding five years. The government has recently published the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 under section 13 of the Animal Welfare Act 2006. 3. (3) A local authority must attach to each licence granted or renewed—. the reasonable anticipated costs of compliance with regulation 29. the licence conditions are not being complied with. as those enactments had effect on the relevant date. (c)(except in the case of fish) the animal’s age (where known). In all cases except dog breeding, the licensable activity is restricted to businesses or those operating on a commercial basis. (5) Any equipment that a dog is likely to be in contact with and any toy provided must not pose a risk of pain, suffering, disease or distress to the dog and must be correctly used. (3) A cat unit may only be shared by cats from the same household. The Breeding of Dogs Act 1991(46) is repealed. (h)the date or dates of any matings, whether or not successful. (6) The animals must be transported in suitable, secure and appropriately labelled carriers. (7) In considering whether the licence conditions will be met, a local authority must take account of the applicant’s conduct as the operator of the licensable activity to which the application for the grant or renewal relates, whether the applicant is a fit and proper person to be the operator of that activity and any other relevant circumstances. Conditions of grant or renewal of a licence, Duty to assist in the taking of samples from animals, Hiring out horses: requirement for annual inspection of premises, Variation of a licence on the application, or with the consent, of a licence holder, Grounds for suspension, variation without consent or revocation of a licence, Procedure for suspension or variation without consent, Reinstatement of a suspended licence by a local authority, Provision of information to the Secretary of State. without touching another dog or the walls; (c)have a floor area which is at least twice the area required for the dog in it to lie flat; and. 8.—(1) Where there is a licence in force in relation to an activity described in paragraph 6 of Schedule 1, the local authority must appoint a listed veterinarian to inspect the premises on which the activity is being carried on. (iii)the grant or renewal is appropriate having taken into account the report submitted to it in accordance with regulation 10. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (c)give notice of the licence holder’s right of appeal to the First-tier Tribunal and the period under regulation 24 within which such an appeal may be brought. The new rules cover a wide variety of surgical procedures carried out on a wide range … Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (i)in relation to the entry relating to item 29, for “Section 1 of the Breeding of Dogs Act 1973 (c. 60), and section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11).” substitute “Regulation 4 of those Regulations.”; (ii)omit the entries relating to items 30 and 31. Subsection (3B) was inserted, in relation to Wales, by regulation 26 of, and paragraph 4 of Schedule 2 to, SI 2014/3266 (W.333). 5.—(1) Each adult dog must be provided with opportunities for social contact with other dogs where such contact benefits the dogs’ welfare. 8. (ii)a keeper of a pet shop in Wales who is licensed under the Pet Animals Act 1951(22) to keep the shop. In all cases except dog breeding, the licensable activity is restricted to businesses or those operating on a commercial basis. This is a draft item of legislation. (3) All equipment must be cleaned and disinfected before a cat is first introduced into a cat unit. The Animal Welfare Act 2006makes owners and keepers responsible for ensuring that the welfare needs of their animals are met. In accordance with section 13(9) of that Act, the Secretary of State has consulted such persons appearing to the Secretary of State to represent interests with which these Regulations are concerned as the Secretary of State considered appropriate. 20. there has been a breach of these Regulations, information supplied by the licence holder is false or misleading, or. Why the government is proposing to intervene; The main options the government is considering, and which one is preferred; How and to what extent new policies may impact on them; and. 3.—(1) The Animal Boarding Establishments Act 1963 is amended as follows. (d)details of any veterinary treatment (where known). 23.—(1) Any notice issued by a local authority under these Regulations may be amended, suspended or revoked by the local authority in writing at any time. (2) Any equipment used that is likely to be in contact with the dogs and any toys provided must not pose a risk of pain, suffering, disease or distress to the dog and must be correctly used. (a)a licence suspended under paragraph (2) is to be deemed to be reinstated; (b)a licence varied under paragraph (2) is to be deemed to have effect as if it had not been so varied; (c)a licence suspended under paragraph (6)(a) is to be deemed to be reinstated; (d)a licence varied under paragraph (6)(a) is to be deemed to have effect as if it had not been so varied; (e)any licence held by the licence holder other than a licence suspended or varied under paragraph (2) or (6)(a) which the local authority decided to suspend or vary under regulation 15 is to be deemed to remain in force and not to be so varied. 3. A person who is disqualified under section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006(27). A person who has at any time held a licence which was revoked under regulation 15 of these Regulations. (3) All arena surfaces must be suitable for purpose, well drained, free of standing water and maintained regularly to keep them level. (2) A local authority is the licensing authority for any licensable activity carried on on premises in its area. Breach of a licence condition must be treated as a relevant offence for the purposes of section 23 of the Act (entry and search under warrant in connection with offences). A person who has at any time held a licence which was revoked under regulation 17 of the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014(23). 12. Subsections (1) and (3) were amended by section 16 of, and paragraph 17 of Schedule 8 to, the Local Government Act 1985 (1985 c. 51). (12) No person may euthanase an animal except a veterinarian or a person who has been authorised by a veterinarian as competent for such purpose or—. (3) A decision to suspend or vary a licence must—. New rules for surgical or painful procedures on animals were approved on 27 July 2020. the name and contact details of each dog’s normal veterinarian and details of any insurance relating to the dog; details of each dog’s diet and related requirements; a clean, comfortable and warm area where it can rest and sleep, and. Suitable temporary accommodation must be provided for all the animals at any venue where they are exhibited. (2) Where a local authority reinstates a licence under paragraph (1), it may reduce the period for which it is reinstated. (2) A preventative healthcare plan agreed with the veterinarian with whom the licence holder has registered under paragraph 9(8) of Schedule 2 must be implemented. 8) as amended by S.I. An Impact Assessment allows those with an interest in the policy area to understand: Use this menu to access essential accompanying documents and information for this legislation item. (9) A litter tray and safe and absorbent litter material must be provided at all times in each cat unit and litter trays must be regularly cleaned and disinfected. In all cases except dog breeding, the licensable activity is restricted to businesses or those operating on a commercial basis. (11) Unless the licence holder keeps the dog as a pet, the licence holder must make arrangements for any dog no longer required for breeding to be appropriately rehomed. Dependent on the legislation item being viewed this may include: Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. Different options to open legislation in order to view more content on screen at once. 4. A local authority may, without any requirement for the licence holder’s consent, decide to suspend, vary or revoke a licence at any time on being satisfied that—. (7) Sub-paragraphs (5) and (6) do not apply if separation of the puppy from its biological mother is necessary for the health or welfare of the puppy, other puppies from the same litter or its biological mother. 23.—(1) All dogs must be screened before being admitted to the premises to ensure that they are not afraid, anxious or stressed in the presence of other dogs or people and do not pose a danger to other dogs or staff. UPDATE – 30 July 2020 Regulations issued. in subsection (1), after “animal” insert “in Wales”; in subsection (1), for the definition of “local authority” substitute—. The Sale of Dogs (Identification Tag) Regulations 1999(54) are revoked. (9) The animals must not be left unattended in any situation or for any period likely to cause them distress. earns any commission or fee from the activity. 10. (e)the postal address where it normally resides. 10. it is necessary to protect the welfare of an animal. (d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. Subsection (2) was amended by section 64 of, and paragraphs 9(b) to (d) of Schedule 3 to, the Act. 6.—(1) All dogs for sale must be in good health. A person who is disqualified under section 4(1) of the Dangerous Dogs Act 1991(28). Keeping or training animals for exhibition in the course of a business for educational or entertainment purposes—, (a)to any audience attending in person, or. (a)be notified to the licence holder in writing. 1. breeding three or more litters of puppies in any 12-month period; breeding dogs and advertising a business of selling dogs. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (2) Any unexpired licence granted under the Animal Boarding Establishments Act 1963(6) shall continue in force for the remainder of its term subject to the provisions of that Act as it had effect on the relevant date. (v)monitoring and ensuring the health and welfare of all the animals. (c)each cat’s microchip number, where applicable. Breeding and Sale of Dogs (Welfare) Act 1999, Local Authorities (Functions and Responsibilities) (England) Regulations 2000, Regulatory Enforcement and Sanctions Act 2008, Sale of Dogs (Identification Tag) Regulations 1999, Breeding of Dogs (Licensing Records) Regulations 1999, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. A person who carries on any of these activities in England without a licence under these Regulations commits an offence under section 13(6) of the 2006 Act and is liable to imprisonment for a term of up to six months, a fine or both. Animal Welfare (Licensing of Activities Involving Animals (England) Regulations 2018 made under section 13 (1) of the Animal Welfare Act 2006. 2003/2919 and by article 2 and paragraph (2)(a) and (b) of the Schedule to S.I. In this Schedule, “client” means a person for whose use a horse is hired out. 281. (5) The licence holder and all staff must ensure that the purchaser is informed of the country of origin of the animal and the species, and where known, the age, sex and veterinary record of the animal being sold. A person who is disqualified under section 33 of the Welfare of Animals Act (Northern Ireland) 2011(25). 7.—(1) The Dangerous Wild Animals Act 1976(41) is amended as follows. which was not bred by the licence holder; except from the premises where it was born and reared under the licence; a person who holds a licence for the activity described in paragraph 2 of Schedule 1; or, a keeper of a pet shop in Wales who is licensed under the Pet Animals Act 1951(, include a recognisable photograph of the dog being advertised, and. (2) The decision has effect on service of the notice. (a)in subsection (1), after “shop” insert “in Wales”; (b)in subsection (2), after “Every local authority” insert “in Wales”; (c)in subsection (3), after “shop” and “a local authority” insert “in Wales”; (d)in subsection (4), after “local authority” insert “in Wales”. (a)a person listed as a disqualified person in paragraph 4 or any of paragraphs 6 to 17 of Schedule 8 where the time limit for any appeal against that disqualification has expired or where, if an appeal was made, that appeal was refused; (b)a person listed in any of paragraphs 1 to 3 and 5 of Schedule 8 as having held a licence which was revoked where the time limit for any appeal against that revocation has expired or where, if an appeal was made, that appeal was refused. This draft has since been made as a UK Statutory Instrument: The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 No. (9) No puppy aged under 8 weeks may be transported without its biological mother except—, (a)if a veterinarian agrees for health or welfare reasons that it may be so transported, or. A person who is disqualified under Article 33A of the Dogs (Northern Ireland) Order 1983(29). (6) Sick or injured animals must receive prompt attention from a veterinarian or, in the case of fish, an appropriately competent person and the advice of that veterinarian or, in the case of fish, that competent person must be followed. Subsection (3A) was inserted, in relation to Scotland, by article 2(1) of, and paragraph 8 of Schedule 1 to, SSI 2006/536. (b)specify the local authority that issued the licence. “the Act” means the Animal Welfare Act 2006; “adult dog” means a dog aged 6 months or more; “general conditions” means the conditions set out in Schedule 2; “licence”, except as the context otherwise requires in regulation 11(1)(b) and Schedule 8 or where more specifically provided, means a licence to carry on a licensable activity granted or renewed under these Regulations and cognate expressions are to be construed accordingly; “licensable activity” means an activity described in paragraph 2, 4, 6, 8 or 10 of Schedule 1; “listed” means for the time being listed as authorised to carry out an inspection on the list of veterinarians drawn up by the Royal College of Veterinary Surgeons; the Common Council of the City of London (in their capacity as a local authority). The activity described in paragraph 2 does not include—, (a)selling animals in the course of an aquacultural production business authorised under regulation 5(1) of the Aquatic Animal Health (England and Wales) Regulations 2009(15), or. Why the government is proposing to intervene; The main options the government is considering, and which one is preferred; How and to what extent new policies may impact on them; and. “reference date” means 1st April each year beginning with 1st April 2019; “reference period” means the period beginning with 1st October 2018 and ending with 31st March 2019, the year beginning with 1st April 2019 and each subsequent year beginning with an anniversary of 1st April 2019. Draft Statutory Instruments. each cat’s name, age, sex, neuter status and a description of it or its breed. another secure area in which water is provided and in which there is shelter. The activity described in paragraph 4 does not include keeping a dog or cat on any premises pursuant to a requirement imposed under, or having effect by virtue of, the Animal Health Act 1981(16). (4) Each dog must have constant access to its sleeping area. (b)mammals weaned at an age at which they should not have been weaned; (c)non-mammals that are incapable of feeding themselves; (d)puppies, cats, ferrets or rabbits, aged under 8 weeks. (4) Where appropriate for the species, a toileting area and opportunities for toileting must be provided. This definition has been amended by section 251(2) and 272(1) of, and Schedule 29 and paragraph 42 of Schedule 30 to, the Local Government Act 1972 and by section 22(3) of, and paragraph 7 of Schedule 9 to, the Local Government (Wales) Act 1994. appoint one or more suitably qualified inspectors to inspect any premises on which the licensable activity or any part of it is being or is to be carried on, and, following that inspection, grant a licence to the operator, or renew the operator’s licence, in accordance with the application if it is satisfied that—, any appropriate fee has been paid in accordance with regulation 13, and. 2006 c. 45. (8) All resources must be provided in a way (for example as regards. 1.The circumstances which a local authority must take into account... 2.Selling animals as pets (or with a view to their... 3.The activity described in paragraph 2 does not include—, PART 3 Providing or arranging for the provision of boarding for cats or dogs. Section 3(1)(b) has been amended by paragraph 3 of the Schedule to S.I. These Regulations provide for the licensing of persons involved in England in selling animals as pets, providing or arranging for the provision of boarding for cats or dogs, hiring out horses, breeding dogs and keeping or training animals for exhibition. (4) The licence holder and all staff must ensure that the purchaser is informed of the age, sex and veterinary record of the dog being sold. the original print PDF of the as made version that was used for the print copy. (8) The local authority’s decision under paragraph (6) is to have effect on service of its notice under paragraph (7). (4) All toys and other enrichment items must be checked daily to ensure they remain safe and must be cleaned and disinfected at least weekly. (7) Where necessary, animals must receive preventative treatment by an appropriately competent person. In the Criminal Justice Act 2003(50), paragraph 72 of Schedule 25 (summary offences no longer punishable with imprisonment) is omitted. (b)the activity described in paragraph 8. the dog’s owner has consented to the use of a crate. (2) Each dog must have access to areas where it can—, (a)interact safely with other dogs, toys and people, and. (d)if built after the date on which these Regulations come into force, have a floor area of at least 1.9 square metres. Fees and Charges . They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). (4) No female animal with unweaned offspring may be removed from its home environment and newborn, unweaned or dependent offspring must not be removed from their mothers. 11. Power to register animal trainers and exhibitors”; in column (2) (provision of Act or statutory instrument)—, in relation to the entry relating to item 29, for “Section 1 of the Breeding of Dogs Act. in electronic form, or secure that it is accessible to the Secretary of State in electronic form, and. (2) In the circumstances described in paragraph (1), the licence is to remain in force for three months beginning with the date of the death of the former licence holder or for as long as it was due to remain in force but for the death (whichever period is shorter) but remains subject to the provisions in Part 3. (5) Each dog must have a clean, comfortable and warm area within its sleeping area where it can rest and sleep. Providing or arranging for the provision of accommodation for other people’s cats or dogs in the course of a business on any premises where the provision of that accommodation is a purpose of the business by—. In the Animals (Scientific Procedures) Act 1986(45), section 27(3) (repeal, consequential amendments and transitional provisions) is omitted. (6) In this paragraph, “holding cat unit” means a cat unit, separate from any other cat unit, in which a cat may be housed temporarily. a licence suspended under paragraph (2) is to be deemed to be reinstated; a licence varied under paragraph (2) is to be deemed to have effect as if it had not been so varied; a licence suspended under paragraph (6)(a) is to be deemed to be reinstated; a licence varied under paragraph (6)(a) is to be deemed to have effect as if it had not been so varied; any licence held by the licence holder other than a licence suspended or varied under paragraph (2) or (6)(a) which the local authority decided to suspend or vary under regulation 15 is to be deemed to remain in force and not to be so varied. knowing or believing that the person who buys it intends to sell it or intends it to be sold by any other person. (4) Part or all of the exercise area must be outdoors. (3) The animals’ behaviour and any changes of behaviour must be monitored and advice must be sought, as appropriate and without delay, from a veterinarian or, in the case of fish, any person competent to give such advice if adverse or abnormal behaviour is detected. (2) Each dog must be exercised at least once daily as appropriate for its age and health. monitoring and ensuring the health and welfare of all the animals. whether the operator is already meeting higher standards of animal welfare than are required by the licence conditions; for a period of three years in respect of the activity or any part of the activity described in paragraph 10 of Schedule 1. on the application in writing of the licence holder, or. In accordance with section 61(2) of that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament. (a)the consideration of an application for the grant, renewal or variation of a licence including any inspection relating to that consideration, and for the grant, renewal or variation. (2) Section 1(1) (licensing of riding establishments) ceases to have effect in relation to England. Revised legislation carried on this site may not be fully up to date. (3) A holding kennel unit must only be used in an emergency and must not be used for longer than is necessary and in any event for no longer than a total of 12 hours in any 24-hour period. (4) All reasonable precautions must be taken to prevent and control the spread among the animals and people of infectious diseases, pathogens and parasites. “puppy” means a dog aged less than 6 months; in relation to the activity of selling animals as pets (or with a view to their being later resold as pets) as described in paragraph 2 of Schedule 1, the conditions set out in Schedule 3; in relation to the activity of providing or arranging for the provision of boarding for cats or dogs as described in paragraph 4 of Schedule 1, the conditions set out in the relevant Part of Schedule 4; in relation to the activity of hiring out horses as described in paragraph 6 of Schedule 1, the conditions set out in Schedule 5; in relation to the activity of breeding dogs as described in paragraph 8 of Schedule 1, the conditions set out in Schedule 6; in relation to the activity of keeping or training animals for exhibition as described in paragraph 10 of Schedule 1, the conditions set out in Schedule 7; “sleeping area” means a fully-enclosed indoor area in which a dog, or, in the context of Part 1 of Schedule 4, a cat, can rest, sleep or avoid seeing other people or animals; a person who is for the time being registered in the register of veterinary surgeons maintained under section 2 of the Veterinary Surgeons Act 1966(3), or. §2156 Animal fighting venture prohibition22 §2157 Release of trade secrets 25 §2158 Protection of pets26 §2159 Authority to apply for injunctions28. (4) There must be an area within each sleeping area in which dogs can avoid seeing people and other dogs outside the sleeping area if they so choose. 26. (5) Any equipment, chemicals and other materials used in the exhibition must not cause the animals pain, discomfort, fatigue or stress. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. (a)keeping a dog on any premises pursuant to a requirement imposed under, or having effect by virtue of, the Animal Health Act 1981, (b)breeding only assistance dogs or dogs intended to be used as assistance dogs within the meaning of section 173 of the Equality Act 2010(18), or. (b)state the local authority’s grounds for suspension or variation, (d)specify measures that the local authority considers are necessary in order to remedy the grounds, and. 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