Breeding and Sale of Dogs (Welfare) Act 1999

9 Penalties. E+W+S

(1) A person guilty of an offence under section 8 is liable on summary conviction 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) Where a person is convicted of an offence under section 8(1) or (2), the court before which he is convicted may (in addition to or in substitution for any penalty under subsection (1)) make an order providing for any one or more of the following—

(a) the cancellation of any licence held by him under the 1973 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 the 1973 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.

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

(4) Where a court makes an order under subsection (2)(c) 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.

(5) An order under subsection (4) 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.

(6) A person who—

(a) has custody of a dog in contravention of an order under subsection (2)(c), or

(b) fails to comply with a requirement imposed on him under subsection (5),

is guilty of an offence.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction 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.

(8) Where a court proposes to make an order under subsection (4) 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 (2)(c) 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 [F1 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) the court shall, having regard to—

(a) the applicant’s character,

(b) his conduct since the disqualification was imposed, and

(c) any other circumstances of the case,

grant or refuse the application; and where an application under subsection (9) 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 Words in s. 9(9) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 383; S.I. 2005/910, art. 3(y)