Dog Breeding Establishments Act 2010

12.

Removal of dog breeding establishment from register.

12.— (1) If, by reason of a relevant contravention, the District Court considers that the removal of a dog breeding establishment from the register maintained by the local authority in whose functional area the dog breeding establishment is situated is necessary to ensure the safeguarding of animal welfare, the court shall, upon the application of that local authority, make an order directing the local authority to remove the dog breeding establishment from that register.

(2) If the District Court is satisfied that there has been a relevant contravention in relation to a dog breeding establishment and is of the opinion that the safeguarding of animal welfare can be secured by means other than the making of an order under subsection (1), it may, for the purpose of safeguarding such welfare, make an order requiring the operator of that establishment to comply with such conditions as it considers appropriate.

(3) Where a local authority proposes to apply to the District Court for an order under this section, it shall notify the operator of the dog breeding establishment concerned in writing thereof.

(4) Where in accordance with this section, a dog breeding establishment is removed from a register—

( a) the local authority concerned shall enter a statement in that register that the dog breeding establishment has been so removed and a statement of the reasons for its removal, and

( b) the operator of the establishment shall forthwith surrender the registration certificate in respect of that establishment to the local authority.

(5) An application for an order under this section shall be made to a judge of the District Court sitting in the district court district in which the dog breeding establishment concerned is situated.

(6) A local authority shall comply with a direction in an order under this section.

(7) A person who contravenes—

( a) a condition specified in an order under this section, or

( b) subsection (4)(b),

shall be guilty of an offence.

(8) In this section “relevant contravention” means, in relation to a dog breeding establishment—

( a) the commission by the operator of the establishment of—

(i) an offence under this Act or the Act of 1986, or

(ii) an offence involving cruelty to an animal,

( b) the commission of—

(i) an offence under this Act or the Act of 1986 in relation to the establishment,

(ii) an offence involving cruelty to an animal at the establishment,

( c) the contravention of a provision of this Act by the operator of the establishment or in relation to the establishment, or

( d) the contravention, in relation to the establishment, of—

(i) a condition attached to the registration of the establishment under subsection (9) of section 9 ,

(ii) a condition referred to in paragraph (b) of section 11 (3) ,

(iii) an improvement notice,

(iv) a direction under paragraph (c) of section 20(4) , or

(v) a condition specified in an order under this section.