The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021

JurisdictionWales
CitationSI 2021/416 (W135)
Year2021

2021 No. 416 (W. 135)

Animals, Wales

The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021

Made 24th March 2021

Coming into force 10th September 2021

The Welsh Ministers, as the appropriate national authority in relation to Wales1, make the following Regulations in exercise of the powers conferred by section 13(2), (7), (8) and (10) of, and Parts 1 and 3 of Schedule 1 to, the Animal Welfare Act 20062.

In accordance with section 13(9) of that Act, the Welsh Ministers have consulted those persons appearing to them to represent interests with which these Regulations are concerned as they considered appropriate.

In accordance with section 61(2) of that Act3, a draft of this instrument has been laid before, and approved by resolution of, Senedd Cymru.

1 Introduction

PART 1

Introduction

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is the Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021.

(2) These Regulations come into force on 10 September 2021.

(3) These Regulations apply to Wales except paragraph 2 of Schedule 5 which applies to both England and Wales.

S-2 Interpretation

Interpretation

2. In these Regulations—

“the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;

“adult dog” (“ci llawndwf”) means a dog which is not less than 6 months old;

“general condition” (“amod cyffredinol”) means the conditions set out in Schedule 2;

“kitten” (“cath fach”) means a cat aged less than 6 months;

“licence” (“trwydded”), except as the context otherwise requires in regulation 10(1)(b) or where more specifically provided, means a licence to carry on a licensable activity granted or renewed under these Regulations and cognate expressions are to be construed accordingly;

“licence conditions” (“amodau trwydded”) means—

(a) the general conditions, and

(b) the relevant specific conditions;

“licensable activity” (“gweithgaredd trwyddedadwy”) means an activity described in paragraph 2 of Schedule 1;

“local authority” (“awdurdod lleol”) means the council for a county or county borough in Wales;

“operator” (“gweithredwr”) means an individual who—

(a) carries on, attempts to carry on or knowingly allows to be carried on a licensable activity, or

(b) where a licence has been granted or renewed, is the licence holder;

“pet” (“anifail anwes”) means an animal mainly or permanently, or intended to be mainly or permanently, kept by a person for—

(a) personal interest,

(b) companionship,

(c) ornamental purposes, or

(d) any combination of paragraphs (a) to (c);

“puppy” (“ci bach”) means a dog aged less than 6 months;

“relevant specific conditions” (“amodau penodol perthnasol”) means, in relation to the activity of selling animals as pets (or with a view to their being later resold as pets) as described in paragraph 2 of Schedule 1, the conditions set out in Schedule 3;

“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 19964.

S-3 Licencing of operators

Licencing of operators

3.—(1) Each licensable activity is a specified activity for the purposes of section 13(1) of the Act.

(2) A local authority is the licensing authority for any licensable activity carried on in premises in its area.

2 Grant, renewal and variation with consent of a licence and inspection of premises

PART 2

Grant, renewal and variation with consent of a licence and inspection of premises

S-4 Conditions of grant or renewal of a licence

Conditions of grant or renewal of a licence

4.—(1) This regulation applies where—

(a)

(a) a local authority has received from an operator an application in writing for the grant or renewal of a licence to carry on a licensable activity on premises in the local authority’s area, and

(b)

(b) the application gives such information as the local authority has required.

(2) The local authority must—

(a)

(a) appoint one or more suitably qualified inspectors to inspect any premises on which the licensable activity or any part of it is being or is to be carried on, and

(b)

(b) following that inspection, grant a licence to the operator, or renew the operator’s licence, in accordance with the application if it is satisfied that—

(i) the licence conditions will be met,

(ii) any appropriate fee has been paid in accordance with regulation 12, and

(iii) the grant or renewal is appropriate having taken into account the report submitted to it in accordance with regulation 9.

(3) A local authority must attach to each licence granted or renewed—

(a)

(a) the general conditions, and

(b)

(b) the relevant specific conditions.

(4) In considering whether the licence conditions will be met, a local authority must take account of the applicant’s conduct as the operator of the licensable activity to which the application for the grant or renewal relates, whether the applicant is a fit and proper person to be the operator of that activity and any other relevant circumstances.

(5) A local authority must not grant a licence to an operator, or renew an operator’s licence, in any circumstances other than those described in these Regulations.

(6) All licences granted or renewed in relation to any of these licensable activities are subject to the licence conditions.

S-5 Period of licence

Period of licence

5. A local authority may grant or renew a licence for any period up to 1 year.

S-6 Power to take samples from animals

Power to take samples from animals

6. An inspector may, for the purposes of ensuring the licence conditions are being complied with, take samples for laboratory testing from any animals on premises occupied by an operator.

S-7 Duty to assist in the taking of samples from animals

Duty to assist in the taking of samples from animals

7. An operator must comply with any reasonable request of an inspector to facilitate the identification and examination of an animal and the taking of samples in accordance with regulation 6 and, in particular, must arrange the suitable restraint of an animal if so requested by an inspector.

S-8 Variation or revocation of a licence on the application, or with the consent, of a licence holder

Variation or revocation of a licence on the application, or with the consent, of a licence holder

8. A local authority may at any time vary or revoke a licence—

(a) on the application in writing of the licence holder, or

(b) on its own initiative, with the consent in writing of the licence holder.

S-9 Inspector’s report

Inspector’s report

9.—(1) Where a local authority arranges an inspection pursuant to regulation 4(2)(a), it must arrange for the submission to it of a report by the inspector.

(2) The inspector’s report must—

(a)

(a) contain information about the operator, any relevant premises, any relevant records, the condition of any animals and any relevant matter, and

(b)

(b) state whether or not the inspector considers that the licence conditions will be met.

S-10 Persons who may not apply for a licence

Persons who may not apply for a licence

10.—(1) The following persons may not apply for a licence in respect of any licensable activity—

(a)

(a) a person listed as a disqualified person in paragraphs 2 to 8 of Schedule 4 where the time limit for any appeal against that disqualification has expired or where, if an appeal was made, that appeal was refused;

(b)

(b) a person listed in paragraph 1 of Schedule 4 as having held a licence which was revoked where the time limit for any appeal against that revocation has expired or where, if an appeal was made, that appeal was refused.

(2) Any licence granted or renewed, or held by, a person mentioned in paragraph (1)(a) or (b) is automatically revoked.

S-11 Death of a licence holder

Death of a licence holder

11.—(1) In the event of the death of a licence holder, the licence is deemed to have been granted to, or renewed in respect of, the personal representatives of that former licence holder.

(2) In the circumstances described in paragraph (1), the licence is to remain in force for 3 months beginning with the date of the death of the former licence holder or for as long as it was due to remain in force but for the death (whichever period is shorter) but remain subject to the provisions in Part 2.

(3) The personal representatives must notify in writing the local authority which granted or renewed the licence that they are now the licence holders within 28 days beginning with the date of the death of the former licence holder.

(4) If the personal representatives fail so to notify the local authority within the period specified in paragraph (3), the licence ceases to have effect on the expiry of that period.

(5) The local authority which granted or renewed the licence may, on the application of the personal representatives, extend the period specified in paragraph (2) for up to 3 months if it satisfied that the extension is necessary for the purpose of winding up the estate of the former licence holder and is appropriate in all the circumstances.

S-12 Fees

Fees

12.—(1) A local authority may charge such fees as it considers necessary for—

(a)

(a) the consideration of an application for the grant, renewal or variation of a licence including any inspection relating to that consideration, and for the grant, renewal or variation,

(b)

(b) the reasonable anticipated costs of consideration of a licence holder’s compliance with these Regulations and the licence conditions to which the licence holder is subject in circumstances other than those described in sub-paragraph (a) including any inspection relating to that consideration,

(c)

(c) the reasonable anticipated costs of enforcement in relation to any licensable activity of an unlicensed operator, and

(d)

(d) the reasonable anticipated costs of compliance with regulation 26.

(2) The fee charged for the consideration of an application for the grant, renewal or variation of a licence and for any...

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