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An Act to extend powers of inspection for the purposes of the Breeding of Dogs Act 1973 to premises not covered by a licence under that Act |
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[25th
July 1991]
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1
Power to inspect premises not covered by licence under Breeding of Dogs
Act 1973
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(1) If
a justice of the peace is satisfied by information on oath laid by an officer
of a local authority authorised in writing for the purposes of this section
by the authority, or any veterinary surgeon or veterinary practitioner so
authorised, that there are reasonable grounds for suspecting that an offence
against section 1(1) of the Breeding of Dogs Act 1973 (breeding establishments
for dogs to be covered by a licence) has been or is being committed at any
premises in the area of the authority, the justice may issue a warrant authorising
any such officer, surgeon or practitioner to enter those premises, by reasonable
force if need be, and inspect them and any animals or any thing found there.
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(2) No
warrant shall be issued under subsection (1) above authorising entry to
any premises for the time being used as a private dwelling.
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(3) The
reference in subsection (2) above to premises for the time being used as
a private dwelling does not include a reference to any garage, outhouse
or other structure (whether or not forming part of the same building as
the premises) which belongs to or is usually enjoyed with the premises.
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(4) A
warrant issued under subsection (1) above—
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(a) | may
authorise persons to accompany the person who is executing the warrant;
and
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(b) | shall
continue in force for the period of one month commencing with the date of
issue.
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(5) The
power of entry conferred by the warrant may be exercised at all reasonable
times and any person entering the premises in exercise of that power shall—
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(a) | produce
the warrant if so required; and
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(b) | comply
with such precautions (if any) as the justice of the peace may specify to
prevent the spread among animals of infectious or contagious diseases.
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(6) In
the application of this section to Scotland, any reference to a justice
of the peace shall include a reference to a sheriff and the reference in
subsection (1) to written information on oath shall be construed as a reference
to evidence on oath.
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(7) In
this section “local authority”, “veterinary practitioner” and “veterinary
surgeon” have the same meanings as in the Breeding of Dogs Act 1973.
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Specified
date Specified date: 25 September 1991: see s 3(2). |
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2
Offence and disqualification
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(1) Any
person who intentionally obstructs or delays any person in the exercise
of his powers of entry or inspection under section 1 above is guilty of
an offence and liable on summary conviction to a fine not exceeding level
3 on the standard scale.
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(2) Where
a person is convicted of an offence under subsection (1) above, the court
by which he is convicted may [make an order providing for either or both
of the following—
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(a) | his
disqualification, for such period as the court thinks fit, from keeping
an establishment the keeping of which is required to be licensed under the
Breeding of Dogs Act 1973; and
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(b) | his
disqualification, for such period as the court thinks fit, from having custody
of any dog of a description specified in the order].
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[(2A) A
court which has made an order under or by virtue of this section may, if
it thinks fit, suspend the operation of the order pending an appeal.
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(2B) Subsections
(5) to (11) of section 3 of the Breeding of Dogs Act 1973 (provisions about
disqualification) apply in relation to an order made under subsection (2)(b)
above as they apply in relation to an order made under subsection (3)(c)
of that section.]
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(3) .
. .
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Specified
date Specified date: 25 September 1991: see s 3(2). |
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Amendment |
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Sub-s (2): words from “make an order” to “specified in the order” in square brackets substituted by the Breeding and Sale of Dogs (Welfare) Act 1999, s 5(4). |
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Date in force: 30 December 1999, except in relation to an offence committed before that date: see the Breeding and Sale of Dogs (Welfare) Act 1999, ss 5(6), 11(2). |
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Sub-ss (2A), (2B): inserted by the Breeding and Sale of Dogs (Welfare) Act 1999, s 5(5). |
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Date in force: 30 December 1999, except in relation to an offence committed before that date: see the Breeding and Sale of Dogs (Welfare) Act 1999, ss 5(6), 11(2). |
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Sub-s (3): repealed by the Breeding and Sale of Dogs (Welfare) Act 1999, s 10, Schedule. |
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Date
in force: 30 December 1999: see the Breeding and Sale of Dogs (Welfare)
Act 1999, s 11(2).
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3
Short title, commencement and extent
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(1) This
Act may be cited as the Breeding of Dogs Act 1991.
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(2) This
Act shall come into force at the end of the period of two months beginning
with the date on which it is passed.
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(3) This
Act does not extend to Northern Ireland.
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Specified
date Specified date: 25 September 1991: see sub-s (2) above. |
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