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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486) (“the 2018 Regulations”), which provide for the licensing of persons in England to carry out certain activities involving animals, including selling animals as pets.

Regulation 2 amends a licence condition relating to the activity of selling animals as pets (or with a view to being resold as pets). The amendment precludes the sale of puppies and kittens bred by anyone other than the licence holder. The amendment also removes the prohibition on the purchase of the animals specified in paragraph 5(1) of Schedule 3 to the 2018 Regulations.

Regulation 3 makes transitional provision for existing licences to be treated, in relation to sales made on or after 6th April 2020, as subject to a condition in the terms set out in regulation 2.

A person who carries on the activity of selling animals as pets otherwise than in accordance with a licence under the 2018 Regulations commits an offence under section 13(6) of the Animal Welfare Act 2006 and is liable to imprisonment on summary conviction for a term of up to six months (or, after the commencement of section 281(5) of the Criminal Justice Act 2003 (c.44), a term of 51 weeks), a fine or both.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.