A Bill to make provision for and in connection with restricting the importation and non-commercial movement of dogs, cats and ferrets.
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Regulations about bringing dogs, cats and ferrets into the United Kingdom
Source HL Bill 117 Explanatory Notes
21. Subsection (2) sets out matters which regulations made under subsection (1) may cover, including prohibiting or restricting the bringing into the United Kingdom of dogs, cats or ferrets, making exemptions to any prohibitions, the issue of permits and provision around enforcement.
22. Subsections (3) and (4) ensure that the first regulations made in each of England, Scotland and Wales under subsection (1) in relation to dogs or cats must prohibit the bringing into that part of the United Kingdom dogs or cats where they are below the age of 6 months, more than 42 days pregnant, or have been subject to non-exempted mutilations (cropped ears, docked tails or declawed). Subsection (9) sets out the definition of "mutilation".
23. Subsection (5) states that any subsequent regulations lifting a prohibition imposed by subsections (3) or (4) cannot be introduced without the Secretary of State, the Scottish Ministers or the Welsh Ministers first carrying out a consultation.
Source HL Bill 117 Explanatory Notes
20. Subsection (1) enables the appropriate national authority (the Secretary of State, Scottish Ministers, Welsh Ministers or DAERA) to make regulations about bringing dogs, cats or ferrets into the United Kingdom, to promote their welfare.
Regulations for the purpose of animal welfare
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Source HL Bill 117 Explanatory Notes
24. Subsection (6) enables the appropriate national authority to make regulations about dogs, cats or ferrets that are brought into the United Kingdom and seized or detained for contravention of any legislation concerning the welfare or health of dogs, cats or ferrets being brought into the United Kingdom. Under subsection (7) this could include provision about meeting the costs of detaining a dog, cat or ferret or transferring ownership of any dog, cat or ferret.
Regulations about seized or detained animals
Source HL Bill 117 Explanatory Notes
25. Subsection (8) enables the appropriate national authority to make regulations imposing monetary penalties for contraventions of legislation concerning the welfare or health of dogs, cats or ferrets being brought into the United Kingdom.
Regulations about monetary penalties
Source HL Bill 117 Explanatory Notes
22. Subsections (3) and (4) ensure that the first regulations made in each of England, Scotland and Wales under subsection (1) in relation to dogs or cats must prohibit the bringing into that part of the United Kingdom dogs or cats where they are below the age of 6 months, more than 42 days pregnant, or have been subject to non-exempted mutilations (cropped ears, docked tails or declawed). Subsection (9) sets out the definition of "mutilation".
Interpretation
Source HL Bill 117 Explanatory Notes
26. Subsection (1) contains a non-exhaustive list of provisions that may be included in the regulations, including the conferral of functions on specified persons, the conferral of powers of entry, inspection, search, seizure or detention, revocation of licences or other approvals and the creation of new criminal offences. Subsection (1)(h) provides that the regulations may include provision amending primary legislation, including provision made by Clauses 5 to 7.
27. Subsection (2) sets out limits on the powers of entry which may be conferred by the regulations.
28. Subsections (3) and (4) make the criminal offences which may be created in regulations foreseeable by setting out an exhaustive list of the criminal offences that may be created under Clause 1.
29. Subsection (5) and (6) limit the power to create new criminal offences by setting the maximum penalties that may be included in the regulations.
30. Subsection (7) provides that regulations made under the Bill may make different provision for different purposes or areas, and consequential, transitional and other provision.
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Source HL Bill 117 Explanatory Notes
31. Subsection (1) defines who the appropriate national authority is in respect of England, Scotland, Wales and Northern Ireland, i.e. the Secretary of State and, provided they have legislative competence, the Scottish Ministers, Welsh Ministers or DAERA.
32. Subsection (2) sets out circumstances in which DAERA must obtain consent from the Secretary of State to make regulations under Clause 1.
33. Subsection (3) allows the Secretary of State to make regulations under Clause 1 that could otherwise be made by the Scottish Ministers, the Welsh Ministers or DAERA, as appropriate, providing the relevant Devolved Government gives their consent. Subsection (4) clarifies that DAERA's consent would not be needed if the provision would require the Secretary of State's consent under subsection (2).
34. The Bill creates powers that are exercisable concurrently by the Secretary of State and the Welsh Ministers. Restrictions in Schedule 7B to the Government of Wales Act 2006 prevent the Senedd from removing a Minister of the Crown function that is exercised concurrently or jointly with the Welsh Ministers without the consent of the UK Government. Subsections (5) to (8) disapply the relevant restrictions in respect of the concurrent powers in this Bill by adding the Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2025 to the lists of enactments in paragraphs 9(8)(b) and 11(6)(b) of Schedule 7B. This will allow the Senedd to alter the concurrent arrangements relating to devolved matters without needing the UK Government's consent.
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Source HL Bill 117 Explanatory Notes
35. Subsections (1) to (7) set out the procedures for making regulations in the UK Parliament and in the devolved legislatures.
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Certain movements of dogs, cats and ferrets treated as commercial
Source HL Bill 117 Explanatory Notes
36. This clause amends Regulation (EU) No 576/2013 to provide that the rules applicable to non-commercial movements of dogs, cats and ferrets into Great Britain do not apply in certain situations.
37. Subsections (2) and (3) make consequential amendments to Regulation (EU) No 576/2013 to support the amendments being made by subsections (4) and (5).
38. Subsection (4)(a) inserts new paragraphs 1 and 1A into Article 5 of Regulation (EU) No 576/2013 which provide that a movement of dogs, cats or ferrets into Great Britain is not non-commercial where there are more than five such animals in total per motor vehicle or three in total per foot passenger. Subsection (4)(c) inserts a new paragraph 3A into Article 5 which allows the appropriate authority to treat a movement as non-commercial even where the number of animals exceeds the new maximum limits described above, where the appropriate authority determines that there are exceptional or compelling circumstances for doing so.
39. Subsection (5) inserts a new Article 5A into Regulation (EU) No 576/2013 which provides that a movement of dogs, cats or ferrets into Great Britain is not non-commercial unless the animal is either accompanied by its owner or accompanied by a person authorised by the owner and the owner has entered or is expected to enter Great Britain within five days of the movement of the animal. In such circumstances, the authorised person must provide evidence of when the owner's movement has occurred or will occur. The appropriate authority has a discretion to treat a movement as non-commercial in exceptional or compelling circumstances where this new requirement is not complied with.
40. Subsection (6) makes amendments to Regulation (EU) No 576/2013 to ensure that only an owner (and not an authorised person) can sign a declaration that a movement is non-commercial).
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Article 5A
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Source HL Bill 117 Explanatory Notes
41. Subsections (1), (2) and (3) make amendments consequential on the provision made in Clause 5 to secondary legislation in England, Scotland and Wales which applies to commercial imports of dogs, cats and ferrets.
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Source HL Bill 117 Explanatory Notes
42. Subsection (1) makes amendments consequential on the provision made by Clause 5(6) to Commission Implementing Regulation No 577/2013.
43. Subsection (2) makes amendments to Regulation (EU) No 2017/625 which are clarificatory and consequential on the provision made by Clause 5.
General
Source HL Bill 117 Explanatory Notes
44. Subsections (1) and (2) set out the territorial extent of the Bill (see also Annex A).
45. Subsection (3) and (4) set out how and when Clauses 1 to 8 will come into force. Subsection (3) provides that Clauses 1 to 7 come into force on such day as the Secretary of State may by regulations appoint. Subsection (6) provides that such regulations may make different provision for different purposes and subsection (7) provides that they must be made by statutory instrument.
46. Subsection (5) provides a power for the Secretary of State to make transitional or saving provision in connection with the coming into force of any provision in the Bill.
47. Subsection (8) sets out that the short title of the Bill will be the Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2025.
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No amendments available.