Breeding and Sale of Dogs (Welfare) Act 1999

8 Sale of dogs. E+W+S

(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.

(4) In proceedings against any person for an offence under this section it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(5) In this section—

• “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,

• “licensed breeding establishment” means a breeding establishment for dogs the keeping of which by its keeper (or, where more than one, each of its keepers) is licensed under the 1973 Act,

• “licensed pet shop” means a pet shop the keeping of which by its keeper (or, where more than one, each of its keepers) is licensed under the M1 Pet Animals Act 1951,

• “licensed Scottish rearing establishment” means a rearing establishment for dogs the keeping of which by its keeper (or, where more than one, each of its keepers) is licensed under the 1973 Act (as it applies in relation to Scotland), 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 [F1 the Scottish Parliament].

Annotations:

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Amendments (Textual)

F1 Words in s. 8(5) substituted (15.12.1999) by S.I. 1999/3321, art. 3(1)

Modifications etc. (not altering text)

C1 S. 8: Functions transferred (S.) (15.12.1999) by S.I. 1999/3321, art. 2(b)

S. 8 restricted (E.) (16.11.2000) by S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(30)

C2 Definition of “identifying tag or badge” in s. 8(5) extended (E.W.) (30.12.1999) by S.I. 1999/3191, reg. 2 and (S.) (30.12.1999) by S.S.I. 1999/177, reg. 2

Marginal Citations

M1 1951 c.35.