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The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009 No. 141

Interpretation

This section has no associated Executive Note

2.—(1) In these Regulations–

“animal dealing licence” means a licence granted under these Regulations;

“inspector” means a person appointed as an inspector by the Scottish Ministers or a local authority for the purposes of these Regulations;

“licence holder” means a person who is the holder of an animal dealing licence;

“licensing authority” means a local authority;

“local authority” means the council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994(1) for the area in which an applicant or licence holder has their premises in Scotland, or, where the applicant or licence holder does not have premises in Scotland, the City of Edinburgh Council;

“purchaser” means a person to whom a licence holder sells a young cat or young dog;

“sell” means to sell or dispose of and “sells”, “sale” or “sold” are to be construed accordingly;

“veterinary surgeon” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register provided for under sections 2 and 8 of the Veterinary Surgeons Act 1966(2);

“young cat” means a cat which is less than 84 days old; and

“young dog” means a dog which is less than 84 days old.

(2) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication as defined in the Electronic Communications Act 2000(3) which has been recorded and is consequently capable of reproduction.

(3) An electronic communication may only be sent by the Scottish Ministers to a person if that person has consented in writing to the use of that method of communication and transmission is to an e mail address provided by the recipient.

(4) An electronic communication shall be taken to be received on the day after the day of its transmission.

(1)

1994 c. 39; as amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.

(2)

1966 c. 36. Section 2 was amended by S.I. 2003/2919, Schedule, paragraph 1.

(3)

2000 c. 7. The definition of “electronic communication” was amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.

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