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

• (1) The number of breeding bitches kept in relation to the licensable activity of breeding dogs at any time on the premises specified in the licence and on which the licensable activity is carried on must not exceed the maximum number specified by the local authority in the licence.

• (2) The number of litters produced on the premises during each consecutive 12 month period commencing with the date on which the licence was granted or, as the case may be, renewed must not exceed the maximum number of breeding bitches specified in the licence.

Suitable environment

4

• (1) Each dog must have access to—

• (a) a clean, dry and warm sleeping area with comfortable bedding and which is free from draughts, and

• (b) an exercise area.

• (2) Each dog must be provided with sufficient space to—

• (a) stand upright on its hind legs,

• (b) lie down fully stretched out,

• (c) wag its tail,

• (d) walk, and

• (e) turn around,

without touching another dog or the walls of the sleeping area.

• (3) The exercise area must not be used as a sleeping area unless the dog chooses to do so.

• (4) There must be a separate whelping area for each breeding bitch to whelp in which contains a suitable bed for whelping.

• (5) Each whelping area must be maintained at an appropriate temperature and include an area which allows the breeding bitch to move away from heat spots and from her young if she chooses to do so.

• (6) Each dog must be provided with constant access to a sleeping area.

• (7) A separate bed or area with bedding must be provided for each adult dog.

• (8) No puppy aged under 8 weeks may be transported without its biological mother except—

• (a) if a veterinary surgeon agrees for health or welfare reasons that it may be so transported, or

• (b) in an emergency.

• (9) No pregnant breeding bitch may be transported later than 54 days after the date of successful mating or breeding procedure except to a veterinary surgeon.

• (10) No breeding bitch may be transported earlier than 48 hours after whelping except to a veterinary surgeon where it is not otherwise practicable or appropriate for that person to attend to the bitch.

• (11) In this paragraph, “exercise area” means a secure area where dogs may exercise and play.

Suitable diet

5

• (1) Each puppy must be provided with the opportunity to start weaning as soon as it is capable of ingesting feed on its own.

• (2) Each adult dog must be provided with feed appropriate to its needs.

• (3) Each puppy must be provided with feed appropriate for its stage of development.

• (4) Reasonable efforts must be made so that each puppy ingests the correct share of the feed provided.

Monitoring of behaviour, exercise and training

6

• (1) The licence holder must implement and be able to demonstrate use of a documented socialisation and habituation programme for the puppies.

• (2) All puppies must be given suitable and adequate opportunities to—

• (a) learn how to interact with people, dogs and other animals where such interaction benefits their welfare, and

• (b) become habituated to noises, objects and activities associated with a domestic environment.

• (3) Each dog must be provided with toys or feeding enrichment (or both) unless advised otherwise by a veterinary surgeon.

• (4) All adult dogs must be exercised at least twice daily away from their sleeping area unless advised otherwise by a veterinary surgeon.

• (5) Where a veterinary surgeon has advised against exercising a dog, the dog must be provided with alternative forms of mental stimulation or environmental enrichment.

• (6) All adult dogs must have at least daily opportunities to interact with people where such interaction benefits their welfare.

Housing with or apart from other dogs

7

• (1) Each adult dog must be provided with opportunities for social contact with other dogs where such contact benefits the dog’s welfare.

• (2) Each adult dog must be given suitable and adequate opportunities to become habituated to handling by people.

• (3) There must be an area within each sleeping area in which dogs can avoid seeing people and other dogs outside the sleeping area if they so choose.

Protection from suffering, injury and disease

8

• (1) All dogs for sale must be in good health.

• (2) Any dog with a condition which materially affects, or is likely to materially affect, its quality of life must not be—

• (a) transferred in ownership,

• (b) offered for sale, or

• (c) moved from the premises specified in the licence and on which the licensable activity is carried on, other than to an isolation facility or veterinary care facility where the animal is in need of isolation or treatment,

until it has recovered, ceased to require isolation or, where there is no need for the animal to be isolated, been certified by a veterinary surgeon as being in a condition that is suitable for such transfer, sale or movement.

• (3) The licence holder must ensure that no bitch—

• (a) is mated or undergoes a breeding procedure if aged less than 12 months,

• (b) gives birth to more than one litter of puppies in a 12-month period,

• (c) gives birth to more than 6 litters of puppies in her lifetime,

• (d) is mated or undergoes a breeding procedure if she has had—

• (i) two litters delivered by caesarean section, or

• (ii) one litter delivered by caesarean section if the need for the caesarean section was due to the conformation of the bitch or her offspring.

• (e) is mated or undergoes a breeding procedure if aged 8 or more years.

• (4) Each puppy must be microchipped and registered to the licence holder before it is sold.

• (5) No dog may be kept for breeding if it can reasonably be expected, on the basis of its genotype, conformation, behaviour or state of health, that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.

• (6) Each dog must be checked in person at least two times per day.

• (7) Breeding bitches must be adequately supervised during whelping and the licence holder must keep a record of—

• (a) the date of birth of each puppy,

• (b) each puppy’s sex and colour,

• (c) the number of puppies in the litter, and

• (d) any other significant events.

• (8) The licence holder must keep a record of each puppy sale including—

• (a) the microchip number of the puppy,

• (b) the date of the sale, and

• (c) the age of the puppy on that date.

• (9) The licence holder must keep a record of the following in relation to each breeding dog—

• (a) its name,

• (b) its sex,

• (c) its microchip and database details,

• (d) its date of birth,

• (e) the postal address where it normally resides,

• (f) its breed or type,

• (g) the date or dates of any matings and breeding procedures (whether or not any such mating or procedure is successful),

• (h) details of its biological parents,

• (i) details of any veterinary treatment it has received, and

• (j) the date and cause of its death (where applicable).

• (10) In addition to the matters mentioned in sub-paragraph (9), the licence holder must keep a record of the following in relation to each breeding bitch—

• (a) the number of matings and breeding procedures,

• (b) its age at the time of each mating and breeding procedure,

• (c) the total number of its litters,

• (d) the date or dates on which it has given birth, and

• (e) the caesarean sections it has had, if any, and their cause.

• (11) Any preventative healthcare plan agreed with the veterinary surgeon with whom the licence holder has registered under the condition specified in paragraph 9(8) of the general conditions must be implemented.

• (12) The licence holder must keep a record of any preventative or curative healthcare (or both) given to each dog.

• (13) Where any other activity involving animals is undertaken on the premises on which the licensable activity of breeding dogs is carried on, it must be kept entirely separate from the area where that licensable activity is carried on.

SCHEDULE 7 — Specific conditions: breeding cats

Interpretation

1

In this schedule—

• “adult cat” means a cat aged 6 months or more,

• “sleeping area” means a fully-enclosed indoor area in which a cat can rest and sleep.

Advertisements and sales

2

• (1) A cat must not be advertised or offered for sale—

• (a) which was not bred by the licence holder,

• (b) from a place other than the premises where it was born and reared under the licence,

unless the cat is over the age of 12 months and was procured by the licence holder for breeding purposes.

• (2) Any advertisement for the sale of a cat must—

• (a) include the number of the licence holder’s licence,

• (b) specify the local authority that issued the licence, and

• (c) display the age of the cat being advertised.

• (3) Any equipment and accessories being sold with a cat must be suitable for it.

• (4) The purchaser must be informed of the age, sex and veterinary record of the cat being sold.

• (5) No kitten aged under 8 weeks may be—

• (a) sold, or

• (b) permanently separated from its biological mother.

• (6) Sub-paragraph (5)(b) does not apply in relation to a kitten if—

• (a) separation of the kitten from its biological mother is necessary for the health or welfare of the kitten, other kittens from the same litter or its biological mother, or

• (b) the kitten’s biological mother is deceased.

• (7) A cat may only be sold if the name, and an address, of the licence holder are disclosed to the purchaser.

Number of breeding female cats and litters produced

3

• (1) The number of breeding female cats kept in relation to the licensable activity of breeding cats at any time on the premises specified in the licence and on which the licensable activity is carried on must not exceed the number specified by the local authority in the licence.

• (2) The number of litters produced on the premises during each consecutive 12 month period commencing with the date on which the licence was granted or, as the case may be, renewed must not exceed twice the maximum number of breeding female cats specified in the licence.

Suitable environment

4

• (1) Each cat must have access to—

• (a) a clean, dry and warm sleeping with comfortable bedding and which is free from draughts, and

• (b) an exercise area.

• (2) Each cat must be provided with sufficient space to—

• (a) stand upright on its hind legs,

• (b) lie down fully stretched out,

• (c) walk, and

• (d) turn around,

without touching another cat or the walls of the sleeping area.

• (3) The exercise area must not be used as a sleeping area unless the cat chooses to do so.

• (4) There must be a separate birthing area for each breeding female cat to give birth in and which contains a suitable bed for giving birth.

• (5) Each birthing area must be maintained at an appropriate temperature and include an area which allows the breeding female cat to move away from heat spots and from her young if she chooses to do so.

• (6) Each cat must be provided with constant access to a sleeping area.

• (7) No kitten aged under 8 weeks may be transported without its biological mother except—

• (a) if a veterinary surgeon agrees for health or welfare reasons that it may be so transported, or

• (b) in an emergency.

• (8) No pregnant breeding female cat may be transported later than 54 days after the date of successful mating or artificial insemination except to a veterinary surgeon.

• (9) No breeding female cat may be transported earlier than 48 hours after giving birth except to a veterinary surgeon where it is not otherwise practicable or appropriate for that person to attend to the female cat.

• (10) In this paragraph, “exercise area” means a secure area where cats may exercise and play.

Suitable diet

5

• (1) Each kitten must be provided with the opportunity to start weaning as soon as it is capable of ingesting feed on its own.

• (2) Each adult cat must be provided with feed appropriate to its needs.

• (3) Each kitten must be provided with feed appropriate for its stage of development.

• (4) Reasonable efforts must be made so that each kitten ingests the correct share of the feed provided.

Training and exercise

6

• (1) Opportunities to exercise which benefit the cats’ physical and mental health must be provided, unless advice from a veterinarian suggests otherwise.

• (2) All kittens must be given suitable and adequate opportunities to—

• (a) learn how to interact with people, cats and other animals where such interaction benefits their welfare, and

• (b) become habituated to noises, objects and activities associated with a domestic environment.

• (3) All adult cats must have at least daily opportunities to interact with people where such interaction benefits their welfare.

Housing with or apart from other cats

7

Each adult cat must be given suitable and adequate opportunities to become habituated to handling by people.

Protection from suffering, injury and disease

8

• (1) All cats for sale must be in good health.

• (2) Any cat with a condition which materially affects, or is likely to materially affect, its quality of life must not be—

• (a) transferred in ownership,

• (b) offered for sale, or

• (c) moved from the premises specified in the licence and on which the licensable activity is carried on, other than to an isolation facility or veterinary care facility where the animal is in need of isolation or treatment,

until it has recovered, ceased to require isolation or, where there is no need for the cat to be isolated, been certified by a veterinary surgeon as being in a condition that is suitable for such transfer, sale or movement.

• (3) The licence holder must ensure that no female cat—

• (a) is mated or artificially inseminated if aged less than 10 months,

• (b) gives birth to more than two litters of kittens within 12 months,

• (c) gives birth to more than 8 litters of kittens in its lifetime,

• (d) is mated or artificially inseminated if aged 8 or more years,

• (e) is mated or artificially inseminated after she has delivered one litter of kittens by caesarean section.

• (4) No cat may be kept for breeding if it can reasonably be expected, on the basis of its genotype, conformation, behaviour or state of health, that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.

• (5) Breeding female cats must be supervised with minimal disturbance during birthing and the licence holder must keep a record of—

• (a) the date of birth of each kitten,

• (b) each kitten’s sex and colour,

• (c) the number of kittens in the litter, and

• (d) any other significant events.

• (6) The licence holder must keep a record of each kitten sale including—

• (a) the microchip number of the kitten (if any),

• (b) the date of the sale, and

• (c) the age of the kitten on that date.

• (7) The licence holder must keep a record of the following in relation to each breeding cat—

• (a) its name,

• (b) its sex,

• (c) its microchip and database details (if any),

• (d) its date of birth (if known),

• (e) the postal address where it normally resides,

• (f) its breed or type,

• (g) its description,

• (h) details of its biological parents (to the extent known),

• (i) details of any veterinary treatment it has received, and

• (j) the date and cause of its death (where applicable).

• (8) In addition to the matters mentioned in sub-paragraph (7), the licence holder must keep a record of the following in relation to each breeding female cat—

• (a) the number of any known pregnancies,

• (b) the number of its litters,

• (c) the date or dates on which it has given birth, and

• (d) the number of caesarean sections it has had, if any.

• (9) Any preventative healthcare plan agreed with the veterinary surgeon with whom the licence holder has registered under the condition in paragraph 9(8) of the general conditions must be implemented.

• (10) The licence holder must keep a record of any preventative or curative healthcare (or both) given to each cat.

• (11) Where any other activity involving animals is undertaken on the premises on which the licensable activity of breeding cats is carried on, it must be kept entirely separate from the area where that licensable activity is carried on.

SCHEDULE 8 — Specific conditions: breeding rabbits

Interpretation

1

In this schedule—

• “adult rabbit” means a rabbit aged 3 months or more,

• “nesting box” means a fully-enclosed indoor area in which a rabbit can rest and sleep.

Advertisements and sales

2

• (1) No kit aged under 8 weeks may be—

• (a) sold, or

• (b) permanently separated from its biological mother.

• (2) Sub-paragraph (1)(b) does not apply in relation to a kit if—

• (a) separation of the kit from its biological mother is necessary for the health or welfare of the kit, other kits from the same litter or its biological mother, or

• (b) the kit’s biological mother is deceased.

• (3) Any advertisement for the sale of a rabbit must—

• (a) include the number of the licence holder’s licence, and

• (b) specify the local authority that issued the licence.

Number of breeding female rabbits

3

The number of breeding female rabbits kept in relation to the licensable activity of breeding rabbits at any time on the premises specified in the licence and on which the licensable activity is carried on must not exceed the number specified by the local authority in the licence.

Suitable environment

4

• (1) Each rabbit must have access to—

• (a) a clean, dry and warm sleeping area which is free from draughts, and

• (b) an exercise area.

• (2) Each rabbit must be provided with sufficient space in the sleeping area to—

• (a) lie down fully stretched out,

• (b) hop, and

• (c) turn around,

without touching another rabbit or the walls of the sleeping area.

• (3) The exercise area must not be used as a sleeping area unless the rabbit chooses to do so.

• (4) For each breeding female rabbit, there must be—

• (i) a nesting box to give birth in and which is lined with suitable nesting material such as dust-free wood shavings or grass hay, or

• (ii) a plentiful supply of such nesting material available to the rabbit.

• (5) The nesting box must not be accessible to other rabbits when being used by a breeding female rabbit to give birth in.

• (6) In this paragraph, “exercise area” means a secure area where rabbits can hop, scratch, forage and stretch to their full height.

Training and exercise

5

• (1) Opportunities to exercise which benefit the rabbits’ physical and mental health must be provided, unless advice from a veterinarian suggests otherwise.

• (2) All kits must be given suitable and adequate opportunities to—

• (a) learn how to interact with people, rabbits and other animals where such interaction benefits their welfare, and

• (b) become habituated to noises, objects and activities associated with a domestic environment.

• (3) All rabbits must have at least daily opportunities to interact with people where such interaction benefits their welfare.

Suitable diet

6

• (1) All adult rabbits must have continuous access to clean and safe drinking water.

• (2) Each adult rabbit must be provided with feed appropriate to its needs.

• (3) Each kit must be provided with feed appropriate for its stage of development.

Protection from suffering, injury and disease

7

• (1) All rabbits for sale must be in good health.

• (2) Any rabbit with a condition which materially affects, or is likely to materially affect, its quality of life must not be—

• (a) transferred in ownership,

• (b) offered for sale, or

• (c) moved from the premises specified in the licence and on which the licensable activity is carried on, other than to an isolation facility or veterinary care facility where the animal is in need of isolation or treatment,

until it has recovered, ceased to require isolation or, where there is no need for the rabbit to be isolated, been certified by a veterinary surgeon as being in a condition that is suitable for such transfer, sale or movement.

• (3) The licence holder must ensure that no female rabbit—

• (a) is mated or artificially inseminated if aged less than 5 months,

• (b) gives birth to more than 4 litters of kits within 12 months,

• (c) gives birth to more than 16 litters of kits in its lifetime,

• (d) is mated or artificially inseminated if aged 6 or more years.

• (4) No rabbit may be kept for breeding if it can reasonably be expected, on the basis of its genotype, conformation, behaviour or state of health, that breeding from it could have a detrimental effect on its health or welfare or the health or welfare of its offspring.

• (5) Where any other activity involving animals is undertaken on the premises on which the licensable activity of breeding rabbits is carried on, it must be kept entirely separate from the area where that licensable activity is carried on.

• (6) No adult rabbit may be isolated or separated from others rabbits for longer than is necessary.

Signed

BEN MACPHERSON — Authorised to sign by the Scottish Ministers — 2021-02-17

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

Editorial notes

Supply of animals

7

No animal kept in the course of operating the animal welfare establishment, of any of the following descriptions, may be supplied as a pet by or on behalf of the licence holder—

• (a) unweaned animals,

• (b) mammals weaned at an age at which they should not have been weaned,

• (c) non-mammals that are incapable of feeding themselves,

• (d) puppies, kittens, ferrets or kits, aged under 8 weeks.