Welfare of Greyhounds Act 2011

12.

Register of greyhound breeding establishments.

12.— (1) The Club shall establish and maintain a register of greyhound breeding establishments to be known as the register of greyhound breeding establishments (in this Act referred to as the “register”).

(2) Where a person proposes to operate a greyhound breeding establishment, he or she shall, in accordance with this section, apply to the Club to have the premises at which it is proposed to operate the greyhound breeding establishment registered in the register.

(3) A person who, immediately before the commencement of this section, was operating a greyhound breeding establishment shall, if he or she wishes to continue operating the establishment after such commencement, apply not later than 3 months after such commencement, to the Club to have the establishment registered in the register.

(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 greyhound breeding establishment or is operating a greyhound breeding establishment,

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

( e) be accompanied by such fee (if any) as may be prescribed, after consultation with the Board and the Club.

(5) Where the Club receives an application under this section it shall, subject to subsections (6) and (7), register the premises in respect of which the application is made in the register and, accordingly, shall enter the following in the register:

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

( b) the address of the premises to which the application relates,

( c) the maximum number of bitches capable of being used for breeding purposes that may be kept at the premises, and

( d) any conditions attaching to the registration in accordance with subsection (9) .

(6) The Club shall not register a premises under this section if—

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

( b) it is of the opinion that the premises, the subject of the application, is not suitable for the operation of a greyhound breeding establishment.

(7) The Club may refuse to register a premises 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, or

(ii) an offence involving cruelty to an animal,

or

( b) the contravention by the applicant of—

(i) this Act or any regulations under this Act, or

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

F3 [ (iii) Part 2 or 3 or regulations made under section 36 of the Animal Health and Welfare Act 2013, ]

the Club considers that such refusal is necessary to safeguard the health and welfare of a greyhound.

(8) The Club shall not make a decision to refuse to register a premises or greyhound breeding establishment under this section until it has considered any representations made by the applicant in accordance with section 13 .

(9) The Club may, after considering any representations made by an applicant in accordance with section 13 , attach such conditions as it considers appropriate to the registration of a premises or greyhound breeding establishment under this section having regard to the need to protect and maintain the health and welfare of greyhounds.

(10) Without prejudice to the generality of subsection (9) , conditions attached to registration in the register may—

( a) relate to the construction of the premises,

( b) limit the number of bitches or pups that may be on the premises,

( c) relate to the housing, bedding, feeding or exercising of bitches and pups,

( d) relate to the training and competence of persons employed at the establishment, or

( e) detail records, and the form and maintenance of records.

(11) The Club 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 an application,

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

(12) Upon the registration of a premises 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 Club containing the information entered in the register.

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

(14) If a particular entered in the register is incorrect, the operator of the greyhound breeding establishment to which the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Club of it accordingly.

(15) The Club shall, upon becoming aware that any particular entered in the register is incorrect or has ceased to be correct, make such alterations to the register as it considers necessary.

(16) The Club shall publish the register in such manner as it thinks fit, and make it available for inspection at all reasonable times by members of the public.

(17) A person who in purported compliance with subsection (4) knowingly or recklessly provides information or a particular to the Club that is false or misleading in a material respect commits an offence.

(18) A person who contravenes subsection (13) commits an offence.

(19) The Club may maintain the register in a form that is not legible if it is capable of being converted into legible form.

(20) The operator of a greyhound breeding establishment registered under this section whose name is entered in the register in respect of that establishment may apply to the Club to have the establishment removed from the register.

(21) Upon the Club removing a greyhound breeding establishment from the register in accordance with an application under subsection (20)

( a) the person named in the register shall immediately surrender the registration certificate in respect of the establishment to the Club, and

( b) the Club shall enter a statement in the register that the removal is at the request of the person formerly named in the register.

Annotations:

Amendments:

F3

Substituted (6.03.2014) by Animal Health and Welfare Act 2013 (15/2013), s. 78(a), S.I. No. 106 of 2014.

Modifications (not altering text):