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

Scottish Statutory Instrument 2021 No. 84 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 17 February 2021
In force from: 1 September 2021
Extent: Not stated
Subject: TV licensing, fare evasion and school attendance
Made under: Animal Health and Welfare (Scotland) Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the licensing of persons who in Scotland carry on activities of selling animals as pets, rehoming animals as pets, operating animal welfare establishments (including sanctuaries and rehoming centres), breeding dogs, breeding cats and breeding rabbits (“the licensable activities”). Regulation 3 provides that a person must not carry on a licensable activity without the authority of a licence issued under these Regulations. Regulation 4 specifies the appropriate licensing authorities to which a person may apply for the grant or renewal of a licence and makes further provision about how applications must be made. For all activities except rehoming animals as pets, the licensing authority is the local authority for the area in which the activity is carried on. For the activity of rehoming animals as pets, the licensing authority is the local authority for the area in which the applicant resides or has a place of business (including a registered office or other official address) or, if the applicant has no such residence or place of business in Scotland, the Scottish Ministers. Regulation 5 makes provision regarding the extent of the authority arising from a licence issued under these Regulations. Part 3 of these Regulations sets out how a person may apply to the licensing authority for a licence, sets out matters in respect of which a licensing authority must be satisfied when considering the granting or renewing of a licence, and makes other provision in relation to licences. It provides for a licensing authority to charge fees to cover the costs it incurs in performing this function, anticipated costs of considering a licence holder’s compliance with these Regulations and the licence conditions to which a licence holder is subject, and anticipated costs of enforcement in relation to the activity of an unlicensed operator. It makes provision for the inspection of premises and gives inspectors powers to take samples from animals. Part 4 sets out the circumstances and procedures under which a licence may be suspended, varied or revoked. It also provides that breach of a licence condition (except one which is not a standard licence condition attached to all licences for the licensable activity), the carrying on of a licensable activity without the authority of a licence, failure to assist with in the taking of samples and obstruction of inspectors are all offences in the absence of a reasonable excuse. It also provides for offences in relation to provision of false or misleading information to inspectors and the making of false or misleading statements to a licensing authority for the purpose of obtaining or holding a licence. It also specifies maximum penalties for such offences and applies certain post-conviction powers contained in the Animal Health And Welfare (Scotland) Act 2006. It also gives inspectors powers of entry for the purposes of preparing reports and of ascertaining compliance with these Regulations and licence conditions. Part 5 provides for appeals against licensing decisions by licensing authorities. Part 6 places a duty on each licensing authority to publish a register of licences for each licensable activity in relation to which it has issued a licence. Part 7 revokes the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009. Part 8 makes transitional and saving provision for unexpired licences under pre-existing licensing regimes. Schedule 1 describes each licensable activity. Schedule 2 sets out the general licence conditions that apply to all licensable activities. Schedules 3 to 8 set out the specific conditions that apply to each licensable activity.

Offences created by this instrument

It is an offence for a person without reasonable excuse— a subject to the exceptions provided for in paragraph (2), to… regulation 23(1) · Status not determined · Mixed — some elements strict, some not
a paragraph (1)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale regulation 23(3)(a) · Status not determined · Strict liability
b paragraph (1)(b) to (d) is liable on summary conviction to a fine not exceeding £40,000, or to imprisonment for a… regulation 23(3)(b) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Animal Welfare (Sentience) Bill [Lords] Commons · Commons Chamber · 18 January 2022 · Deidre Brock (Edinburgh North and Leith) (SNP)
Animal welfare is a devolved issue and the scope of the Bill is largely England-only. With that established, the Scottish National party broadly welcomes the legislation and is pleased that the UK Government are following our lead in this area. The Scottish Government pledged to maintain high animal welfare standards after we left the EU and, in June 2020, established the Scottish Animal Welfare Commission, which is an independent body of leading animal welfare experts responsible for developing expert recommendations on issues relating to animal welfare and sentience. The Bill seeks to…
Animal Rescue Centres Commons · Westminster Hall · 26 January 2026 · Irene Campbell (North Ayrshire and Arran) (Lab)
I beg to move, That this House has considered e-petition 718660 relating to the licensing and regulation of animal rescue centres. It is a pleasure to serve under your chairmanship, Sir Alec. I thank the petitioner Paul Watkinson and his colleague Niki Roe for their hard work in gathering almost 110,000 signatures for this petition, which is a fantastic achievement. The petition, which is entitled “Introduce Licensing and Regulation for Dog and Cat Rescues to Protect Welfare”, states: “Many UK animal rescues operate without clear legal oversight, creating opportunities for unethical…
Animal Rescue Centres Commons · Westminster Hall · 26 January 2026 · Johanna Baxter (Paisley and Renfrewshire South) (Lab)
It is a pleasure to serve under your chairmanship, Sir Alec. I thank my constituency neighbour, my hon. Friend the Member for North Ayrshire and Arran (Irene Campbell) for securing this debate. I declare an interest as the chair of the all-party parliamentary group on cats. Across the United Kingdom, nearly 60% of households own a pet, and around 10.2 million of those pets are cats. They bring comfort, companionship and a great deal of amusement to millions of families. I know that personally, because I am owned by two rescue cats, Clement Cattlee and Mo Meowlam. Vital to the welfare of…

How Parliament handled it

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