Dog Breeding Establishments Act 2010

9.

Register of dog breeding establishments.

9.— (1) Each local authority shall cause to be established and maintained a register (to be known as a “register of dog breeding establishments” and in this Act referred to as a “register”) of dog breeding establishments situated in its functional area.

(2) Where a person proposes to operate a dog breeding establishment, he or she shall, in accordance with this section, apply to the local authority in whose functional area the premises at which it is proposed to operate the dog breeding establishment is situated to have the premises registered in the register maintained by that local authority.

(3) A person who, immediately before the commencement of this section, was operating a dog breeding establishment shall, if he or she wishes to continue operating the establishment after such commencement, apply not later than 6 months after such commencement, to the local authority in whose functional area the dog breeding establishment is situated to have the establishment registered in the register maintained by that local authority.

(4) An application under this section shall—

( a) be in writing,

( b) specify the name of the applicant and the address at which he or she ordinarily resides,

( c) specify the address of the premises at which the applicant intends to operate a dog breeding establishment or is operating a dog breeding establishment, as the case may be,

( d) contain such other information as may be prescribed, and

( e) unless the applicant is a fee exempt applicant, be accompanied by a fee (in this Act referred to as the “appropriate fee”).

(5) A local authority that receives an application under this section shall, subject to subsections (6) and (7), register the premises or dog breeding establishment in respect of which the application is made in the register maintained by that local authority, and accordingly shall enter the following in that register:

( a) the name of the applicant and the address at which he or she ordinarily resides,

( b) the address of the premises or dog breeding establishment to which the application relates,

( c) the maximum number of bitches over F3 [ 6 months ] old capable of being used for breeding purposes that may be kept at the premises or dog breeding establishment, and

( d) any conditions attaching to the registration.

(6) A local authority shall not register a premises or dog breeding establishment under this section if—

( a) the application does not comply with subsection (4) , or

( b) it is of the opinion that the premises in respect of which the application concerned was made is not suitable for the operation of a dog breeding establishment.

(7) A local authority may refuse to register a premises or dog breeding establishment under this section if, by reason of—

( a) the commission by the applicant of—

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

(ii) an offence involving cruelty to an animal,

or

( b) the contravention by the applicant of—

(i) a provision of this Act or any regulations under this Act, or

(ii) a provision of the Act of 1986 or any regulations or bye-laws under that Act,

the local authority considers that such refusal is necessary to ensure the safeguarding of animal welfare.

(8) A local authority shall not make a decision to refuse to register a premises or dog breeding establishment under this section until it has considered any representations made by the applicant in accordance with section 10 .

(9) A local authority may, after considering any representations made by an applicant in accordance with section 10 , attach such conditions as it considers appropriate to the registration of a premises or dog breeding establishment under this section having regard to the need to protect public health and maintain animal welfare.

(10) A local authority shall notify an applicant under this section of—

( a) a decision to grant an application under this section,

( b) a decision to grant such application subject to conditions, or

( c) a decision to refuse to grant such an application,

not later than 14 days from the making of the decision.

(11) Upon the registration of a premises or dog breeding establishment under this section, a certificate (in this Act referred to as a “registration certificate”) of such registration shall be issued to the applicant for registration by the local authority containing the information entered in the register maintained by that local authority in accordance with subsection (5) .

(12) The operator of a dog breeding establishment registered under this section shall display the registration certificate issued to him or her in respect thereof in a prominent position at that establishment.

(13) If a particular entered in a register maintained by a local authority under this section is incorrect, the operator of the dog breeding establishment to which the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the local authority concerned thereof accordingly.

(14) A local authority shall, upon becoming aware that any particular entered in the register maintained by it under this section is incorrect or has ceased to be correct, make such alterations to that register as it considers necessary.

(15) A local authority shall publish in such manner as it thinks fit, and make available for inspection at all reasonable times by members of the public, the register maintained by it under this section.

(16) A person who in purported compliance with subsection (4) knowingly or recklessly provides information or a particular to a local authority that is false or misleading in a material respect shall be guilty of an offence.

(17) A person who contravenes subsection (12) shall be guilty of an offence.

(18) In this section “fee exempt applicant” means an applicant who is—

( a) a hunt club,

( b) a charitable organisation within the meaning of the Charities Act 2009,

( c) entitled to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997 and in respect of whom the Revenue Commissioners have issued a number (commonly referred to as a CHY number) for the purposes of such exemption,

( d) the operator of a dog breeding establishment that is used for commercial boarding kennel purposes only, or

( e) the operator of a dog breeding establishment that is used solely for the purposes of the management and training of greyhounds for reward pursuant to a public trainer’s licence.