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Chamber and committees

Subordinate legislation considered by the Rural Affairs, Islands and Natural Environment Committee on 22 September 2021

The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021.

  1. At its meeting on 22 September 2021, the Rural Affairs, Islands and Natural Environment Committee considered The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021.

  1. The instrument is subject to the affirmative procedure which means it is for the Committee to recommend to the Parliament whether the draft regulations be approved.

  1. The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (the licensing regulations) came in to force on 1 September 2021. The Regulations provide for the licensing of persons in Scotland who—

    • sell animals as pets;

    • re-home animals as pets;

    • operate animal welfare establishments (including sanctuaries and re-homing centres); and

    • breed dogs, cats and rabbits.

  1. In advance of these licensing regulations coming in to force, the Scottish Government consulted with relevant stakeholders to develop associated guidance. Through this engagement, it was identified that some amendments are required to the licensing regulations.

  1. Accordingly, on 30 August 2021, the Scottish Government laid the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021 (the amending regulations). The amending regulations seek to—

    • remove the prohibition on the supply of kittens (cats aged less than 6 months) which were not bred by the licence holder; and

    • introduce new licence conditions to operate an animal welfare establishment, which prohibit the supply of the following animals as pets—

      • unweaned animals;

      • mammals weaned at an age at which they should not have been weaned;

      • non-mammals that are incapable of feeding themselves; and

      • puppies, kittens, ferrets or kits, aged under 8 weeks old.

  1. During the evidence session, Members of the Committee asked whether the regulations could lead to an increase in illegal kitten trading. The Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, informed the Committee the amending regulations were proposed following engagement with animal welfare stakeholders, and the Scottish Government will continue to monitor the regulations to ensure there are no adverse impacts. The official report of the meeting can be accessed on the Scottish Parliament's website.

  1. Following the evidence session, the Cabinet Secretary for Rural Affairs and Islands moved motion S6M-00997—

    That the Rural Affairs, Islands and Natural Environment Committee recommends that the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021 [draft] be approved.

    The motion was agreed to without division.

  1. The Rural Affairs, Islands and Natural Environment Committee recommends to the Scottish Parliament that the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Amendment Regulations 2021 [draft] be approved.