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The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 No. 486

  1. Introductory Text

  2. PART 1

    1. 1.Title, commencement and application

    2. 2.Interpretation

    3. 3.Licensing of operators

  3. PART 2

    1. 4.Conditions of grant or renewal of a licence

    2. 5.Period of licence

    3. 6.Power to take samples from animals

    4. 7.Duty to assist in the taking of samples from animals

    5. 8.Hiring out horses: requirement for annual inspection of premises

    6. 9.Variation of a licence on the application, or with the consent, of a licence holder

    7. 10.Inspector’s report

    8. 11.Persons who may not apply for a licence

    9. 12.Death of a licence holder

    10. 13.Fees

    11. 14.Guidance

  4. PART 3

    1. 15.Grounds for suspension, variation without consent or revocation of a licence

    2. 16.Procedure for suspension or variation without consent

    3. 17.Reinstatement of a suspended licence by a local authority

    4. 18.Notice of revocation

    5. 19.Obstruction of inspectors

    6. 20.Offences

    7. 21.Powers of entry

    8. 22.Post-conviction powers

    9. 23.Notices

  5. PART 4

    1. 24.Appeals

  6. PART 5

    1. 25.Repeals and consequential amendments

    2. 26.Revocations and consequential amendments

  7. PART 6

    1. 27.Transitional and saving provisions

  8. PART 7

    1. 28.Review

    2. 29.Provision of information to the Secretary of State

  9. Signature

    1. SCHEDULE 1

      Licensable activities

      1. PART 1 Business test

        1. 1.The circumstances which a local authority must take into account...

      2. PART 2 Selling animals as pets

        1. 2.Selling animals as pets (or with a view to their...

        2. 3.The activity described in paragraph 2 does not include—

      3. PART 3 Providing or arranging for the provision of boarding for cats or dogs

        1. 4.Providing or arranging for the provision of accommodation for other...

        2. 5.The activity described in paragraph 4 does not include keeping...

      4. PART 4 Hiring out horses

        1. 6.Hiring out horses in the course of a business for...

        2. 7.The activity described in paragraph 6 does not include any...

      5. PART 5 Breeding dogs

        1. 8.Either or both of the following— (a) breeding three or...

        2. 9.The activity described in paragraph 8 does not include—

      6. PART 6 Keeping or training animals for exhibition

        1. 10.Keeping or training animals for exhibition in the course of...

        2. 11.The activity described in paragraph 10 does not include—

    2. SCHEDULE 2

      General conditions

      1. 1.Licence display

      2. 2.Records

      3. 3.Use, number and type of animal

      4. 4.Staffing

      5. 5.Suitable environment

      6. 6.Suitable diet

      7. 7.Monitoring of behaviour and training of animals

      8. 8.Animal handling and interactions

      9. 9.Protection from pain, suffering, injury and disease

      10. 10.Emergencies

    3. SCHEDULE 3

      Specific conditions: selling animals as pets

      1. 1.Interpretation

      2. 2.Records and advertisements

      3. 3.Prospective sales: pet care and advice

      4. 4.Suitable accommodation

      5. 5.Purchase and sale of animals

      6. 6.Protection from pain, suffering, injury and disease

    4. SCHEDULE 4

      Specific conditions: providing boarding for cats or dogs

      1. PART 1

        1. 1.Interpretation

        2. 2.Suitable environment

        3. 3.Monitoring of behaviour and training of cats

        4. 4.Records

        5. 5.Protection from pain, suffering, injury and disease

      2. PART 2

        1. 6.Interpretation

        2. 7.Suitable environment

        3. 8.Monitoring of behaviour and training

        4. 9.Records

        5. 10.Protection from pain, suffering, injury and disease

      3. PART 3

        1. 11.Interpretation

        2. 12.Home

        3. 13.Suitable environment

        4. 14.Suitable diet

        5. 15.Monitoring of behaviour and training

        6. 16.Housing with or apart from other dogs

        7. 17.Records

        8. 18.Protection from pain, suffering, injury and disease

      4. PART 4 Providing day care for dogs

        1. 19.Interpretation

        2. 20.No overnight stay

        3. 21.Suitable environment

        4. 22.Suitable diet

        5. 23.Monitoring of behaviour and training

        6. 24.Housing apart from other dogs

        7. 25.Records

        8. 26.Protection from pain, suffering, injury and disease

    5. SCHEDULE 5

      Specific conditions: hiring out horses

      1. 1.Interpretation

      2. 2.Eligibility

      3. 3.Supervision

      4. 4.Suitable environment

      5. 5.Suitable diet

      6. 6.Protection from pain, suffering, injury and disease

      7. 7.Equipment

    6. SCHEDULE 6

      Specific conditions: breeding dogs

      1. 1.Advertisements and sales

      2. 2.Suitable environment

      3. 3.Suitable diet

      4. 4.Monitoring of behaviour and training

      5. 5.Housing with or apart from other dogs

      6. 6.Protection from pain, suffering, injury and disease

    7. SCHEDULE 7

      Specific conditions: keeping or training animals for exhibition

      1. 1.Insurance

      2. 2.Emergencies

      3. 3.Suitable environment

      4. 4.Monitoring of behaviour and training

      5. 5.Housing with or apart from other animals

      6. 6.Records

      7. 7.Protection from pain, suffering, injury and disease

    8. SCHEDULE 8

      Persons who may not apply for a licence

      1. 1.A person who has at any time held a licence...

      2. 2.A person who has at any time held a licence...

      3. 3.A person who has at any time held a licence...

      4. 4.A person who is disqualified under section 33 of the...

      5. 5.A person who has at any time held a licence...

      6. 6.A person who is disqualified under section 34 of the...

      7. 7.A person who is disqualified under section 40(1) and (2)...

      8. 8.A person who is disqualified under section 4(1) of the...

      9. 9.A person who is disqualified under Article 33A of the...

      10. 10.A person who is disqualified under section 6(2) of the...

      11. 11.A person who is disqualified under section 3(3) of the...

      12. 12.A person who is disqualified under section 4(3) of the...

      13. 13.A person who is disqualified under section 3(3) of the...

      14. 14.A person who is disqualified under section 5(3) of the...

      15. 15.A person who is disqualified under section 1(1) of the...

      16. 16.A person who is disqualified under section 4(2) of the...

      17. 17.A person who is disqualified under section 3 of the...

    9. SCHEDULE 9

      Repeals and consequential amendments

      1. 1.Performing Animals (Regulation) Act 1925

      2. 2.Pet Animals Act 1951

      3. 3.Animal Boarding Establishments Act 1963

      4. 4.Riding Establishments Act 1964

      5. 5.Breeding of Dogs Act 1973

      6. 6.Local Government Act 1974

      7. 7.Dangerous Wild Animals Act 1976

      8. 8.Zoo Licensing Act 1981

      9. 9.Animals (Scientific Procedures) Act 1986

      10. 10.Breeding of Dogs Act 1991

      11. 11.Breeding and Sale of Dogs (Welfare) Act 1999

      12. 12.Local Authorities (Functions and Responsibilities) (England) Regulations 2000

      13. 13.Courts Act 2003

      14. 14.Criminal Justice Act 2003

      15. 15.Regulatory Enforcement and Sanctions Act 2008

      16. 16.Deregulation Act 2015

    10. SCHEDULE 10

      Revocations and consequential amendments

      1. 1.Performing Animals Rules 1925

      2. 2.Sale of Dogs (Identification Tag) Regulations 1999

      3. 3.Breeding of Dogs (Licensing Records) Regulations 1999

  10. Explanatory Note

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