The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022

Article 2

SCHEDULE 1 AMENDMENTS

PART 1 Primary legislation

The Animal Boarding Establishments Act 1963

1.  In section 3(5) (offences and disqualifications) of the Animal Boarding Establishments Act 1963(1)—

(a) omit “or” in the second place it appears,

(b) after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

Riding Establishments Act 1964

2.  In section 4(5) (penalties and disqualifications) of the Riding Establishments Act 1964(2)—

(a) omit “or” in the second place it appears,

(b) after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

Dangerous Wild Animals Act 1976

3.—(1) The Dangerous Wild Animals Act 1976(3) is amended as follows.

(2) For section 5(3) (exemptions) substitute—

“(3) Premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on under licence;”.

(3) In section 6(3A) (penalties)(4)—

(a) omit “or” in the second place it appears,

(b) after “the Animal Health and Welfare (Scotland) Act 2006 (asp 11)” insert “or regulation 23 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

Zoo Licensing Act 1981

4.—(1) The Zoo Licensing Act 1981(5) is amended as follows.

(2) At the end of section 4(5A) (grant or refusal of licence)(6) insert—

“;

the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021”.

(3) In section 21 (interpretation) for the definition of “pet shop” substitute—

““pet shop” means premises at which the licensable activity described in paragraph 1 of schedule 1 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (selling animals as pets) is carried on;”.

PART 2 The Microchipping of Dogs (Scotland) Regulations 2016

5.  In regulation 7 (details to be recorded on databases) of the Microchipping of Dogs (Scotland) Regulations 2016(7) after paragraph (f) insert—

“(fa) where applicable, the fact that the keeper of the dog is a person who holds a licence under the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021(8) for the licensable activity of breeding dogs described in paragraph 14 of schedule 1 of those Regulations and, if so—

(i) the name of the local authority which issued the licence;

(ii) the number of the person’s licence;”.

(1)

1963 c. 43. Section 3(5) was inserted by S.S.I. 2006/536.

(2)

1964 c. 70. Section 4(5) was inserted by S.S.I. 2006/536.

(3)

1976 c. 38.

(4)

Section 6(3A) was inserted by S.S.I. 2006/536.

(5)

1981 c. 37.

(6)

Section 4(5A) was inserted by S.S.I. 2006/536.

(7)

S.S.I. 2016/58.

(8)

S.S.I. 2021/84.