Breeding of Dogs Act 1973

3 Offences and disqualifications. E+W+S

(1) Any person guilty of an offence under any provision of this Act other than the last foregoing section shall be liable on summary conviction [F1 to—

(a) imprisonment for a term not exceeding three months; or

(b) a fine not exceeding level 4 on the standard scale,

or to both.]

(2) Any person guilty of an offence under the last foregoing section shall be liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale].

(3) Where a person is convicted of any offence under this Act [F3 , the court by which he is convicted may (in addition to or in substitution for any penalty under subsection (1) or (2) of this section) make an order providing for any one or more of the following—

(a) the cancellation of any licence held by him under this Act;

(b) his disqualification, for such period as the court thinks fit, from keeping an establishment the keeping of which is required to be licensed under this Act; and

(c) his disqualification, for such period as the court thinks fit, from having custody of any dog of a description specified in the order.]

(4) A court which has [F4 made an order under this section] may, if it thinks fit, suspend the operation of the order pending an appeal.

[F5 (4A) Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22), or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), the court by which he is convicted has the same powers under subsections (3) and (4) in relation to such convictions as it has in relation to convictions for offences under this Act.]

[F6 (5) Where a court makes an order under subsection (3)(c) of this section in relation to a description of dogs it may also make such order as it thinks fit in respect of any dog of that description which—

(a) was in the offender’s custody at the time when the offence was committed; or

(b) has been in his custody at any time since that time.

(6) An order under subsection (5) of this section may (in particular)—

(a) require any person who has custody of the dog to deliver it up to a specified person; and

(b) (if it does) also require the offender to pay specified amounts to specified persons for the care of the dog from the time when it is delivered up in pursuance of the order until permanent arrangements are made for its care or disposal.

(7) A person who—

(a) has custody of a dog in contravention of an order under subsection (3)(c) of this section; or

(b) fails to comply with a requirement imposed on him under subsection (6) of this section,

shall be guilty of an offence.

(8) Where a court proposes to make an order under subsection (5) of this section in respect of a dog owned by a person other than the offender, the court shall notify the owner who may make representations to the court; and if an order is made the owner may, within the period of seven days beginning with the date of the order, appeal to—

(a) in England and Wales, the Crown Court; or

(b) in Scotland, the High Court of Justiciary,

against the order.

(9) A person who is subject to a disqualification by virtue of an order under subsection (3)(c) of this section may, at any time after the end of the period of one year beginning with the date of the order, apply to the court which made the order (or, in England and Wales, any magistrates’ court acting [F7 in the same local justice] area) for a direction terminating the disqualification from such date as the court considers appropriate.

(10) On an application under subsection (9) of this section the court—

(a) shall notify the relevant local authority which may make representations to the court;

(b) shall, having regard to the applicant’s character and his conduct since the disqualification was imposed, any representations made by the relevant local authority and any other circumstances of the case, grant or refuse the application; and

(c) may order the applicant to pay all or any part of the costs, or (in Scotland) expenses, of the application (including any costs, or expenses, of the relevant local authority in making representations);

and in this subsection “the relevant local authority” means the local authority in whose area are situated the premises in relation to which the offence which led to the disqualification was committed.

(11) Where an application under subsection (9) of this section in respect of a disqualification is refused, no further application under that subsection in respect of that disqualification shall be entertained if made before the end of the period of one year beginning with the date of the refusal.]

Textual Amendments

F1 S. 3(1)(a)(b) and word substituted (30.12.1999) by 1999 c. 11, ss. 4(1)(2), 11(2)

F2 “£100” substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F3 S. 3(3)(a)-(c) and words substituted for words (30.12.1999) by 1999 c. 11, ss. 5(1)(6), 11(2)

F4 Words in s. 3(4) substituted (30.12.1999) by 1999 c. 11, ss. 5(2)(6), 11(2)

F5 S. 3(4A) inserted (S.) (3.11.2006) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006 (S.S.I. 2006/536), art. 1, sch. 1 para. 6(3)

F6 S. 3(5)-(11) inserted (30.12.1999) by 1999 c. 11, ss. 5(3)(6), 11(2)

F7 Words in s. 3(9) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 171; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 3(5)-(11) extended (30.12.1999) by 1991 c. 64, s. 2(2B) (as inserted by 1999 c. 11, ss. 5(5)(6), 11(2))