UK Offence Report

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

Welsh Statutory Instrument 2021 No. 416 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 March 2021
In force from
10 September 2021
Extent
Not stated
Subject
TV licensing, fare evasion and school attendance
Made under
Schedule 1 to the Animal Welfare 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 involved in Wales in selling animals as pets. Regulation 3 specifies these activities for the purposes of section 13(1) of the Animal Welfare Act 2006 (“the 2006 Act”) and provides for local authorities to be the licensing authorities. The consequence of this specification is that, subject to qualifying criteria, any person wishing to carry on any of these activities in Wales must obtain a licence from the local authority under these Regulations. These requirements replace the requirements, in Wales, to obtain a licence under the Pet Animals Act 1951. A person who carries on any of these activities in Wales without a licence under these Regulations commits an offence under section 13(6) of the 2006 Act and is liable to imprisonment for a term of up to 6 months, a fine or both. Under section 30 of the 2006 Act, local authorities may prosecute for any offence under that Act. Part 2 of the Regulations sets out how a person may apply to the local authority for a licence and sets out matters in respect of which a local authority must be satisfied when considering the grant or renewal of a licence. It provides for a local authority to charge fees to cover the costs it incurs in performing this function, considering a licence holder’s compliance with these Regulations, enforcement and administration. It specifies that a local authority must attach certain licence conditions to each licence granted or renewed. It provides that a local authority must appoint an inspector when it considers it appropriate, for the purpose of ensuring that the licence conditions are being complied with. It requires a local authority to have regard to guidance issued by the Welsh Ministers in carrying out their functions under these Regulations. It provides powers for inspectors to take samples from animals. Part 3 sets out the circumstances and procedures under which a licence may be suspended, varied or revoked. It also provides that the breach of a condition of a licence or the obstruction of any inspector appointed for the purposes of enforcement of these Regulations is an offence and applies relevant post-conviction powers contained in the 2006 Act. Part 4 provides for appeals against licensing decisions by local authorities. Part 5 makes repeals, consequential amendments and saving provision. Part 6 sets out that local authorities must provide certain information to the Welsh Ministers. Schedule 1 describes each type of licensable activity. Schedule 2 sets out the general conditions that apply to all licensable activities. Schedule 3 sets out the specific conditions that apply to each licensable activity. Schedule 4 lists persons who may not apply for a licence. Schedule 5 provides for repeals and consequential amendments. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations in Wales. A copy can be obtained from the Office of the Chief Veterinary Officer, Welsh Government, Cathays Park, Cardiff CF10 3NQ or by emailing a request to: CompanionAnimalWelfare@gov.wales.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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