SCHEDULES

Section 13

SCHEDULE 1 E+W Regulations under section 13

Part 1 E+W Licences for the purposes of the section

Introductory E+W

1 E+W This Part has effect in relation to regulations under section 13(7) about licences for the purposes of section 13.

Commencement Information

I1 Sch. 1 para. 1 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I2 Sch. 1 para. 1 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Licensing authority E+W

2 E+W Regulations shall provide for the licensing authority to be—

(a) a local authority, or

(b) the appropriate national authority.

Commencement Information

I3 Sch. 1 para. 2 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I4 Sch. 1 para. 2 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

3 E+W Where the licensing authority is a local authority, regulations may require the licensing authority to have regard in carrying out its functions under the regulations to such guidance as may be issued by the appropriate national authority.

Commencement Information

I5 Sch. 1 para. 3 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I6 Sch. 1 para. 3 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Period of licence E+W

4 E+W Regulations may, in particular—

(a) make provision about the period for which licences are to be granted;

(b) make provision, in connection with the death of the holder of a licence, for the continuation in force of the licence for such period and subject to such conditions as the regulations may provide.

Commencement Information

I7 Sch. 1 para. 4 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I8 Sch. 1 para. 4 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

5 E+W Regulations may not provide for licences to be granted for a period of more than 3 years.

Commencement Information

I9 Sch. 1 para. 5 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I10 Sch. 1 para. 5 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Exercise of licensing functions E+W

6 E+W Regulations may, in particular—

(a) require a licensing authority not to grant a licence unless satisfied as to a matter specified in the regulations;

(b) require a licensing authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

Commencement Information

I11 Sch. 1 para. 6 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I12 Sch. 1 para. 6 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

7 E+W Regulations shall make provision requiring a licensing authority not to grant a licence authorising the carrying on of an activity on specific premises unless the premises have been inspected as the regulations may provide.

Commencement Information

I13 Sch. 1 para. 7 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I14 Sch. 1 para. 7 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Grant of licence subject to conditions E+W

8 (1) Regulations may, in particular, make provision for the grant of a licence subject to conditions. E+W

(2) Provision of the kind mentioned in sub-paragraph (1) may—

(a) enable a licensing authority to attach conditions to a licence;

(b) require a licensing authority to attach to a licence conditions specified in the regulations.

Commencement Information

I15 Sch. 1 para. 8 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I16 Sch. 1 para. 8 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Breach of licence condition E+W

9 (1) Regulations may provide for breach of a condition of a licence to be an offence. E+W

(2) Regulations may not provide for an offence of breach of condition of a licence to be triable on indictment or punishable with—

(a) imprisonment for a term exceeding 51 weeks, or

(b) a fine exceeding level 5 on the standard scale.

(3) Regulations may provide that an offence of breach of condition of a licence is to be treated as a relevant offence for the purposes of section 23.

(4) Regulations may apply a relevant post-conviction power in relation to conviction for an offence of breach of condition of a licence.

Commencement Information

I17 Sch. 1 para. 9 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I18 Sch. 1 para. 9 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Appeals E+W

10 E+W Regulations may, in particular, make provision for appeals in relation to decisions of a licensing authority under the regulations.

Commencement Information

I19 Sch. 1 para. 10 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I20 Sch. 1 para. 10 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Fees E+W

11 E+W Regulations may include provision for fees or other charges in relation to the carrying out of functions of the licensing authority under the regulations.

Commencement Information

I21 Sch. 1 para. 11 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I22 Sch. 1 para. 11 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Part 2 E+W Registration for the purposes of the section

Introductory E+W

12 E+W This Part has effect in relation to regulations under section 13(7) about registration for the purposes of section 13.

Commencement Information

I23 Sch. 1 para. 12 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I24 Sch. 1 para. 12 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Registering authority E+W

13 E+W Regulations shall provide for the registering authority to be—

(a) a local authority, or

(b) the appropriate national authority.

Commencement Information

I25 Sch. 1 para. 13 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I26 Sch. 1 para. 13 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

14 E+W Where the registering authority is a local authority, regulations may require the registering authority to have regard in carrying out its functions under the regulations to such guidance as may be issued by the appropriate national authority.

Commencement Information

I27 Sch. 1 para. 14 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I28 Sch. 1 para. 14 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Exercise of registration functions E+W

15 E+W Regulations may, in particular—

(a) require a registering authority not to register an applicant for registration unless satisfied as to a matter specified in the regulations;

(b) require a registering authority to have regard, in deciding whether to register an applicant for registration, to a matter specified in the regulations.

Commencement Information

I29 Sch. 1 para. 15 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I30 Sch. 1 para. 15 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Appeals E+W

16 E+W Regulations may, in particular, make provision for appeals in relation to decisions of a registering authority under the regulations.

Commencement Information

I31 Sch. 1 para. 16 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I32 Sch. 1 para. 16 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Fees E+W

17 E+W Regulations may include provision for fees or other charges in relation to the carrying out of functions of the registering authority under the regulations.

Commencement Information

I33 Sch. 1 para. 17 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I34 Sch. 1 para. 17 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

Part 3 E+W Supplementary

18 E+W Power to make regulations under section 13(7) includes power—

(a) to make provision for purposes other than the purpose of promoting the welfare of animals for which a person is responsible;

(b) to make different provision for different cases or areas;

(c) to provide for exemptions from a provision of the regulations, either subject to specified conditions or without conditions.

Commencement Information

I35 Sch. 1 para. 18 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I36 Sch. 1 para. 18 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)

19 (1) Power to make regulations under section 13 includes power to make incidental, supplementary, consequential or transitional provision or savings. E+W

(2) In the case of provision consequential on the repeal of an enactment specified in section 13(8), the power under sub-paragraph (1) includes power—

(a) to amend or repeal an enactment;

(b) to make provision for the purpose of continuing the effect of an enactment repealed under paragraph (a).

(3) The power under sub-paragraph (2)(b) includes power to provide that breach of a provision of the regulations is an offence, but does not include power to create an offence triable on indictment or punishable with—

(a) imprisonment for a term exceeding 51 weeks, or

(b) a fine exceeding level 5 on the standard scale.

Commencement Information

I37 Sch. 1 para. 19 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(d)

I38 Sch. 1 para. 19 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(f)