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Breeding of Dogs Act 1991
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- 1991 c. 64
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Version Superseded: 01/09/2021
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[F11 Power to inspect premises not covered by licence under Breeding of Dogs Act 1973.E+W+S
(1)If a justice of the peace is satisfied by information on oath laid by any 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 M1Breeding 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.
(2)No warrant shall be issued under subsection (1) above authorising entry to any premises for the time being used as a private dwelling.
(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.
(4)A warrant issued under subsection (1) above—
(a)may authorise persons to accompany the person who is executing the warrant; and
(b)shall continue in force for the period of one month commencing with the date of issue.
(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—
(a)produce the warrant if so required; and
(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.
(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.
(7)In this section “local authority”, “veterinary practitioner” and “veterinary surgeon” have the same meanings as in the M2Breeding of Dogs Act 1973.]
Textual Amendments
F1Act repealed (E.W.) (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), Sch. 9 para. 10 (with reg. 27)
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