Section 5 Interpretation.

England, Wales and Scotland

(1)

References in this Act to the keeping by any person of a boarding establishment for animals shall, subject to the following provisions of this section, be construed as references to the carrying on by him at premises of any nature (including a private dwelling) of a business of providing accommodation for other people’s animals:

Provided that—

(a)

a person shall not be deemed to keep a boarding establishment for animals by reason only of his providing accommodation for other people’s animals in connection with a business of which the provision of such accommodation is not the main activity; and

(b)

nothing in this Act shall apply to the keeping of an animal at any premises in pursuance of a requirement imposed under, or having effect by virtue of, the M1F1Animal Health Act 1981

(2)

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“animal” means any dog or cat;
“local authority” F2means a county council in Wales or a county borough council in Wales, and in Scotland means F3a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“veterinary practitioner” means a person who is for the time being registered in the Supplementary Veterinary Register;
“veterinary surgeon” means a person who is for the time being registered in the Register of Veterinary Surgeons.

Annotations

Textual amendments

F1: Words in para. (b) of the proviso substituted by Animal Health Act 1981 (c. 22, SIF 4:4), Sch. 5 para. 6
F2: Words in s. 5(2) substituted (E.W.) (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 3(5) (with reg. 27)
F3: Words in s. 5(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 61; S.I. 1996/323, art. 4(1)(b)(c)

Marginal citations

M1: 1981 c. 22(4:4).