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Breeding and Sale of Dogs (Welfare) Act 1999

Status:

This is the original version (as it was originally enacted).

7Definition of establishments

Before section 5 of the 1973 Act insert—

4ABreeding establishments for dogs

(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.

4BRearing establishments for dogs

(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 “premises” includes a private dwelling.

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