Dog Breeding Establishments Act 2010

21.

Closure notice.

21.— (1) A local authority may, if it is satisfied that the operation of a dog breeding establishment situated in its functional area poses a serious and immediate threat to public health or animal welfare, serve or cause to be served, on the operator of the establishment a notice (in this Act referred to as a “closure notice”) requiring the operator to cease breeding or keeping dogs at the establishment.

(2) A closure notice shall, in addition to specifying the requirement referred to in subsection (1)

( a) state the grounds for the local authority’s being satisfied that the operation of the dog breeding establishment concerned poses a serious and immediate threat to public health or animal welfare, as the case may be,

F7 [ (b) if the dog breeding establishment has been registered, require the operator of the dog breeding establishment to surrender the registration certificate to the local authority issuing the notice, ]

( c) inform the operator of the dog breeding establishment that he or she may appeal the notice to the District Court in accordance with this section,

( d) require the operator of the dog breeding establishment to take such measures as the local authority directs to enable the rehousing, at the expense of the operator, of all dogs being kept for the time being at the establishment, and

( e) state that if the operator of the dog breeding establishment concerned contravenes the closure notice he or she shall be guilty of an offence.

(3) A copy of a closure notice served by a local authority under this section shall be affixed by the local authority to the dog breeding establishment to which the notice relates, and the local authority shall also publish the notice in such other manner as it considers appropriate for the purpose of bringing it to the attention of members of the public.

(4) The operator of a dog breeding establishment upon whom a closure notice is served may, not later than 7 days after the service of the notice (or such longer period as the District Court may, for good and sufficient reason, determine) appeal the notice to a judge of the District Court sitting in the district court district in which the dog breeding establishment concerned is situated.

(5) Upon an appeal under this section, a judge of the District Court may—

( a) affirm the notice,

( b) revoke the notice, or

( c) revoke the notice subject to the operator of the dog breeding establishment concerned complying with such directions as may be given by the judge.

(6) A local authority may withdraw a closure notice under this section.

(7) A person who contravenes a closure notice or a direction of the District Court under this section shall be guilty of an offence.