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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

Disqualifications

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21.—(1) Where a person is convicted of an offence under–

(a)these Regulations;

(b)section 28C (deliberate infection: Scotland) or 28F(16) (deliberate infection: disqualification orders) of the Animal Health Act 1981(1); or

(c)sections 19 (unnecessary suffering), 20 (mutilation), 21 (cruel operations), 22 (administration of poisons etc.), 23 (animal fights), 24 (ensuring welfare of animals), 25(7) (care notices), 29 (abandonment) or 40(11) (disqualification orders) of the Animal Health and Welfare (Scotland) Act 2006(2),

the court by which that person is convicted may revoke any animal dealing licence held by that person.

(2) Where a person is convicted of an offence under these Regulations, the court by which that person is convicted may disqualify that person from holding an animal dealing licence for such period as the court thinks fit.

(3) A court which has revoked an animal dealing licence under paragraph (1), may, if it thinks fit, suspend the operation of the order–

(a)for such period as it considers necessary for enabling arrangements to be made in relation to any animals kept or owned by the licence holder in the course of their business; or

(b)pending an appeal.

(4) A court which has ordered a person’s disqualification under paragraph (2) may, if it thinks fit, suspend the operation of the order pending an appeal.

(1)

1981 c. 22. Sections 28C and 28F were inserted by the Animal Health and Welfare (Scotland) Act 2006 (asp 11), section 10.

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