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. (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. It makes provision for the inspection of premises and provides powers for inspectors to take samples from animals. Schedule 8 lists persons who may not apply for a licence and Schedules 9 and 10 provide for repeals, revocations and consequential amendments. PART 1 DEFINITION OF TERMS §1.1Definitions. Subsection (3A) was inserted, in relation to Scotland, by article 2(1) of, and paragraph 8 of Schedule 1 to, SSI 2006/536. (b)no later than the next 31st May following the relevant reference date. Animal Welfare (Care and Procedures) Regulations 2018 (LI 2018/50) Patsy Reddy, Governor-General. 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—. “section 13(6) of the Animal Welfare Act 2006, so far as the offence arises from the contravention of section 13(1) of that Act in relation to the carrying on of an activity in England;”; the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.”. —(1) These Regulations may be cited as the Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 and come into force on exit day. a record of which cats (if any) are from the same household. Regulation 3 stall: inserted, on 1 October 2018, by regulation 4 of the Animal Welfare (Care and Pro-cedures) Amendment Regulations 2018 (LI 2018/181). Changes to Legislation. 2008 c.20. There were other amendments to section 4 but they are not relevant. Animal Welfare (Licensing of Activities Involving Animals (England) Regulations 2018 made under section 13 (1) of the Animal Welfare Act 2006. (2) The period within which an operator may bring such an appeal is 28 days beginning with the day following the date of the decision. the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018. for “29. 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(, Providing or arranging for the provision of boarding for cats or dogs, solely for military or police purposes, or, involving the instruction of students at a university on a course of study and examinations leading to a veterinary degree to which a recognition order under section 3 of the Veterinary Surgeons Act 1966(. (a)include the number of the licence holder’s licence. (b)specify the local authority that issued the licence. (3) The licence holder must ensure that no bitch—. (b)there has been a breach of these Regulations, (c)information supplied by the licence holder is false or misleading, or. 28.—(1) The Secretary of State must, from time to time—, (a)carry out a review of the regulatory provision contained in these Regulations, and. 4.—(1) Animals must be kept in housing which minimises stress including from other animals and the public. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (2) The animals must be kept separately or in suitable compatible social groups appropriate to the species and individual animals and no animals from a social species may be isolated or separated from others of their species for any longer than is necessary. 7. (b)at least two secure physical barriers between any dog and any entrance to or exit from it. Business Test 3. 20.—(1) It is an offence for a person, without lawful authority or excuse—. 31 . Schedule 6. (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. All equipment provided to clients must be in good and safe condition and available for inspection at any reasonable time. 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. 3. details of the animal’s relevant medical and behavioural history including details of any treatment administered against parasites and any restrictions on exercise or diet, a record of the date or dates of the animal’s most recent vaccination, worming and flea treatments, and. 7.—(1) A register must be kept of each animal exhibited or to be exhibited which must include—. Under section 30 of the 2006 Act, local authorities may prosecute for any offence under the Act. Schedule 10 (revocations and consequential amendments) is to have effect. 4.—(1) It must be practicable to bring all the horses on the premises under cover. Regulation 3 specifies these activities for the purposes of section 13(1) of the Animal Welfare Act 2006 (“ the 2006 Act ”) and provides for local authorities to be the licensing authorities. (a)“Breeding and Sale of Dogs (Welfare) Act 1999 (c 11)”; (3) in Schedule 6 (enactments specified for the purposes of orders under Part 3), the following entries are omitted—. A person who has at any time held a licence which was revoked under regulation 13 of the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012(24). 19. (5) No puppy aged under 8 weeks may be sold or permanently separated from its biological mother. (5) All excreta and soiled bedding for disposal must be stored and disposed of in a hygienic manner and in accordance with any relevant legislation. include the number of the licence holder’s licence. 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. 13.—(1) Dogs from different households may only be boarded at the same time with the written consent of every owner. 2.—(1) Each dog must have access to a sleeping area which is free from draughts and an exercise area. The activity described in paragraph 6 does not include any activity—, (a)solely for military or police purposes, or. (14) Any signs of pain, suffering, injury, disease or abnormal behaviour must be recorded and the advice and further advice (if necessary) of a veterinarian (or in the case of fish, of an appropriately competent person) must be sought and followed. 6.—(1) The horses must be maintained in good health and must be in all respects physically fit. (8) All resources must be provided in a way (for example as regards. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (b)another secure area in which water is provided and in which there is shelter. 6. earns any commission or fee from the activity. 3.—(1) The activity must not at any time be left in the charge of a person aged under 18 years. (k)the date and cause of its death (where applicable). without touching another dog or the walls of the sleeping area. 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. 1 . (2) Each dog must be provided with sufficient space to—. in subsection (2) omit “or the Breeding of Dogs Act 1973,”; Where a person is convicted of an offence under section 13(6) of the Animal Welfare Act 2006 arising from the contravention of section 13(1) of that Act in relation to the carrying on of an activity in England, or of an offence under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, subsections (2) and (3) apply as they do to convictions under this Act. 27.—(1) Any unexpired licence granted in accordance with the provisions of the Pet Animals Act 1951(5) 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. (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. 5.—(1) Social animals must not be exhibited if their removal from and reintroduction to the group with which they are usually housed causes them or any other animal within that group stress, anxiety or fear. 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. the date of birth of the animal or, if the animal was acquired by the licence holder, the date of its acquisition, the date of the sale of the animal by the licence holder, and. 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. (2) In each kennel unit, the sleeping area must—, (b)provide the dog with sufficient space to—. Subsection (3B) was inserted, in relation to Wales, by regulation 26 of, and paragraph 4 of Schedule 2 to, SI 2014/3266 (W.333). 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. (4) All reasonable precautions must be taken to prevent and control the spread among the animals and people of infectious diseases, pathogens and parasites. (10) In addition to the matters mentioned in sub-paragraph (7), the licence holder must keep a record of the following in relation to each breeding bitch—, (d)the date or dates on which it has given birth, and. (9) Paragraph (10) applies if the local authority fails to comply with paragraph (6) or (7). state the local authority’s grounds for suspension or variation, specify measures that the local authority considers are necessary in order to remedy the grounds, and. (11) Once a licence has been suspended for 28 days, the local authority must on the next working day—. Part 2 of the Regulations sets out how a person may apply to the local authority for a licence and sets out matters in respect of which a local authority must be satisfied when considering the granting or renewing of a licence. The new Animal Welfare Act 2018 has come into effect as of 1st October 2018, and it will have an impact on the way dogs are bred and sold in the UK. A person who is disqualified under section 3(3) of the Animal Boarding Establishments Act 1963(33) from keeping a boarding establishment for animals. (4) Where appropriate for the species, a toileting area and opportunities for toileting must be provided. “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. (6) Within seven working days beginning with the date of receipt of any representations made in accordance with paragraph (5), the local authority must, after considering the representations—. (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. The estimated costs and benefits of proposed measures. (d)details of any veterinary treatment (where known). (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. Schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (“the regulations”) defines the licensable activities for each sector. (a)the date and time of birth of each puppy, (d)the number of puppies in the litter, and, (8) The licence holder must keep a record of each puppy sale including—, (9) The licence holder must keep a record of the following in relation to each breeding dog—. (4) In section 5 (power of local authorities to prosecute)—. 16.—(1) Written consent must be obtained from the owner or owners (as the case may be) to keep dogs together in a designated room. No changes have been applied to the text. (e)the number of caesarean sections it has had, if any. 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. 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). 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. the date or dates of any matings, whether or not successful. 1. 3.—(1) Each licensable activity is a specified activity for the purposes of section 13(1) of the Act. the grant or renewal is appropriate having taken into account the report submitted to it in accordance with regulation 10. for a period of one, two or three years in respect of the activity or any part of the activity described in paragraph 2, 4, 6 or 8 of Schedule 1 if it is satisfied that a period of one, two or three years, as the case may be, is appropriate on the basis of its assessment, having regard to such guidance as may be issued by the Secretary of State, of—. (a)contain information about the operator, any relevant premises, any relevant records, the condition of any animals and any other relevant matter, and. (2) Each dog must have access to areas where it can—, (a)interact safely with other dogs, toys and people, and. omit the entries relating to items 30 and 31. if a veterinarian agrees for health or welfare reasons that it may be so transported, or. A local authority must have regard in the carrying out of its functions under these Regulations to such guidance as may be issued by the Secretary of State. details of any veterinary treatment (where known). 7.—(1) The Dangerous Wild Animals Act 1976(41) is amended as follows. At Wellington this 26th day of March 2018. 2. Schedule 2 sets out the general conditions that apply to all licensable activities and Schedules 3 to 7 set out the specific conditions that apply to each licensable activity. Power to license premises for the breeding of dogs.” substitute “29. Part 4 provides for appeals against licensing decisions by local authorities. (a)breeding three or more litters of puppies in any 12-month period; (b)breeding dogs and advertising a business of selling dogs. the Animal Welfare Regulations 2018 (these regulations) or is disqualified under the repealed legislation and those Acts and Regulations detailed in . (2) The decision has effect on service of the notice. (3) Each dog must have a clean, comfortable and warm area within its designated room where it can rest and sleep. (h)the name and contact details of each cat’s normal veterinarian and details of any insurance relating to the cat. 2. (3) If any person aged under 16 years resides at the home, there must be procedures in place to regulate the interactions between the dogs and that person. the original print PDF of the as made version that was used for the print copy. The Schedule was substituted in relation to England and Wales by article 2 of S.I. If you need to contact the Licensing team please email licensing@solihull.gov.uk.. (3) Procedures must be in place for dealing with dogs that show abnormal behaviour. gives birth to more than one litter of puppies in a 12-month period; gives birth to more than six litters of puppies in total; is mated if she has had two litters delivered by caesarean section. A local authority may at any time vary a licence—, (a)on the application in writing of the licence holder, or. A register must be kept of all the cats on the premises which must include—. Section 27(3) was amended by regulations 2 and 26(14) of S.I. The Animal Welfare (Licensing of activities involving animals) (England) Regulations 2018. the date and cause of its death (where applicable). (3) The First-tier Tribunal may on application and until the appeal is determined or withdrawn—, (a)in the case of a decision to refuse to renew a licence, permit a licence holder to continue to carry on a licensable activity or any part of it subject to the licence conditions, or. Obstruction of inspectors 20. 22. 16.—(1) Except as otherwise provided in this regulation, the suspension or variation of a licence following a decision under regulation 15 has effect at the end of a period of seven working days beginning with the date on which notice of the decision is issued to the licence holder or, if that date is not a working day, the next working day. §2156 Animal fighting venture prohibition22 §2157 Release of trade secrets 25 §2158 Protection of pets26 §2159 Authority to apply for injunctions28. 1981 c. 37. The Breeding of Dogs Act 1973 is repealed. cancel its decision under regulation 15 to suspend or vary the licence, confirm the suspension or variation of the licence under paragraph (2), or. (3) There must be an area where any dog can avoid seeing other dogs and people if it so chooses. 6. In all cases except dog breeding, the licensable activity is restricted to businesses or those operating on a commercial basis. 1963 c. 43; section 3(3) was amended by paragraph 5(2) of Schedule 3 to the Animal Welfare Act 2006. (4) Animals must be transported or handed to purchasers in suitable containers for the species and expected duration of the journey. 7. S.I. Selling animals as pets (or with a view to their being later resold as pets) in the course of a business including keeping animals in the course of a business with a view to their being so sold or resold. 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. (a)the existing text becomes subsection (1) and in that text omit “England or”; “(2) A local authority in England may prosecute proceedings for an offence under section 2 committed in the area of the authority.”. (7) Each dog must be provided with constant access to a sleeping area. (f)state the country of origin of the animal. (i)for “29. 10.—(1) A written emergency plan, acceptable to the local authority, must be in place, known and available to all the staff on the premises on which the licensable activity is carried on, and followed where necessary to ensure appropriate steps are taken to protect all the people and animals on the premises in case of fire or in case of breakdowns of essential heating, ventilation and aeration or filtration systems or other emergencies. (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”. Schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (“the regulations”) defines the licensable activities for each sector. See our Animal Licensing - FAQ's during COVID-19.. (4) For the purposes of sub-paragraph (3), “dangerous wild animal” means an animal of a kind specified in the first column of the Schedule to the Dangerous Wild Animals Act 1976(21). 1.—(1) These Regulations— (a) may be cited as the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018; (b) come into force on 1st October 2018. (4) The licence holder must ensure that each puppy is microchipped and registered to the licence holder before it is sold. (4) The exhibited animals must be suitable for the specific conditions, type of enclosure and actions involved in the exhibition. 6.—(1) All animals for sale must be in good health. (d)(except in the case of fish) display the age of the animal being advertised, (e)state the country of residence of the animal from which it is being sold, and. Section 3(1)(b) has been amended by paragraph 3 of the Schedule to S.I. (13) The licence holder must keep a record of any preventative or curative healthcare (or both) given to each dog. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (3) Appropriate isolation, in separate self-contained facilities, must be available for the care of sick, injured or potentially infectious animals. (b)assess the extent to which those objectives are achieved, (c)assess whether those objectives remain appropriate, and. 3. (2) Any animal with a condition which is likely to affect its quality of life must not be moved, transferred or offered for sale but may be moved to an isolation facility or veterinary care facility if required until the animal has recovered. (2) The following provisions of these Regulations apply in England only— (a) regulations 2 to 24, (b) regulations 27 to 29, and (c) … (4) On appeal, the First-tier Tribunal may overturn or confirm the local authority’s decision, with or without modification. Schedule 1 has been amended but the amendments are not relevant. “(2A) premises in England on which the activity described in paragraph 2 of Schedule 1 to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (read with paragraph 3 of that Schedule: selling animals as pets etc) is carried on under a licence under those Regulations;”; (b)in paragraph (3), after “premises” insert “in Wales”. state whether or not the inspector considers that the licence conditions will be met. 2.—(1) A register must be maintained for all the animals or, in the case of fish, all the groups of fish, on the premises which must include —. (4) The licence holder may make written representations which must be received by the local authority within seven working days beginning with the date of issue of notice of the decision under regulation 15 to suspend or vary the licence or, if that date is not a working day, the next working day. (2) Suitable storage must be provided and used for feed, bedding, stable equipment and saddlery. (This note is not part of the Regulations). 5.—(1) All areas, equipment and appliances to which the animals have access must present minimal risks of injury, illness and escape and must be constructed in materials that are robust, safe and durable, in a good state of repair and well maintained. Schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (“the regulations”) defines the licensable activities for each sector. 9. 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—. in electronic form, or secure that it is accessible to the Secretary of State in electronic form, and. 2008/1824. In the Courts Act 2003(49), paragraphs 171 and 383 of Schedule 8 (minor and consequential amendments) are omitted. (9) All licences granted or renewed in relation to any of the licensable activities are subject to the licence conditions. details of any medical treatment each cat is receiving. (5) All immature animals must be given suitable and adequate opportunities to—, (a)learn how to interact with people, their own species and other animals where such interaction benefits their welfare, and. 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