The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009

Persons who are required to hold an animal dealing licence

3.—(1) It is prohibited for a person to carry on, without the authority of an animal dealing licence, an activity which–

(a) involves a young cat or young dog for which the person is responsible; and

(b) involves–

(i) acquiring and keeping with a view to sale; or

(ii) selling,

any such young cat or young dog.

(2) Paragraph (1) applies only in relation to the carrying on of an activity on or after 30th April 2009.

(3) But paragraph (1) does not apply–

(a) to a person who holds a breeding licence granted under section 1(2) of the Breeding of Dogs Act 1973(1);

(b) to a person who holds a pet shop licence granted under section 1(2) of the Pet Animals Act 1951(2);

(c) in relation to the sale by a person of a young cat or young dog kept at an animal sanctuary, animal rehabilitation centre or an animal re-homing centre;

(d) in relation to the sale by a person of the progeny of a cat or dog kept by that person as a pet; or

(e) to a person who sells no more than 2 young cats or 2 young dogs or one of each such type of animal in any 12 month period.

(4) It is an offence for a person, without lawful authority or excuse–

(a) to act in breach of paragraph (1); or

(b) to contravene any condition of an animal dealing licence,

and such a person will be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding 3 months, or both.

(1)

1973 c. 60. Section 1(2) was amended by the Civic Government (Scotland) Act 1982 (c. 45), Schedule 3, paragraph 3(a), the Protection of Animals (Amendment) Act 1988 (c. 29), section 3(2) and (3) and the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11), section 10 and 11(2).

(2)

1951 c. 35. Section 1 was amended by S.S.I. 2006/536, Schedule 1, paragraph 3.