Animal Boarding Establishments (Isle of Man) Act 1973

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1973/1973-0009/AnimalBoardingEstablishmentsIsleofManAct1973_1.pdf
Published: 2012-09-01

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Animal Boarding Establishments (Isle of Man) Act 1973

c i e
AT 9 of 1973

ANIMAL BOARDING ESTABLISHMENTS

(ISLE OF MAN) ACT 1973

Animal Boarding Establishments (Isle of Man) Act 1973 Index


c AT 9 of 1973 Page 3

c i e
ANIMAL BOARDING ESTABLISHMENTS (ISLE OF

MAN) ACT 1973

Index Section Page

1 Licensing of boarding establishments for animals..................................................... 5
2 Inspection of boarding establishments for animals ................................................... 7
3 Offences and disqualifications ...................................................................................... 8
4 Power of Department or police to prosecute .............................................................. 8
5 Interpretation ................................................................................................................... 9
6 [Repealed] ........................................................................................................................ 9
7 Short title and commencement ..................................................................................... 9
ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Animal Boarding Establishments (Isle of Man) Act 1973 Section 1


c AT 9 of 1973 Page 5

c i e
ANIMAL BOARDING ESTABLISHMENTS (ISLE OF

MAN) ACT 1973

Received Royal Assent: 18 April 1973
Passed: 16 May 1973
Commenced: 16 May 1973
AN ACT
to regulate the management and operation of boarding establishments
for dogs and cats.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Licensing of boarding establishments for animals

[1963/1]
(1) No person shall keep a boarding establishment for animals except under
the authority of a licence granted in accordance with the provisions of
this Act.
(2) Subject to the provisions of this section the Department may, on
application being made to them for that purpose, by a person who is not
for the time being disqualified —
(a) under this Act, from keeping a boarding establishment for
animals; or
(b) under section 5 of the Cruelty to Animals Act 1997, from having the
custody of any animal; or1

(c) under the Pet Animals Act 1951 (an Act of Parliament), from
keeping a pet shop; or
(d) under the Protection of Animals (Cruelty to Dogs) Act 1933 (an
Act of Parliament), from keeping a dog; or
(e) under the Protection of Animals (Cruelty to Dogs) (Scotland) Act
1934 (an Act of Parliament), from keeping a dog; or
(f) under the Protection of Animals (Amendment) Act 1954 (an Act
of Parliament), from having the custody of animals; or
Section 1 Animal Boarding Establishments (Isle of Man) Act 1973


Page 6 AT 9 of 1973 c

(g) under any enactment of any of the Legislatures of the British
Islands or of the Republic of Ireland, from keeping or having the
custody of an animal,
and on payment of such fee as may be prescribed under the Fees and
Duties Act 1989, grant a licence to that person to keep a boarding
establishment for animals at such premises in the Isle of Man as may be
specified in the application and subject to compliance with such
conditions as may be specified in the licence.2

(3) In determining whether to grant a licence for the keeping of a boarding
establishment for animals by any person at any premises, the
Department shall in particular (but without prejudice to their discretion
to withhold a licence on other grounds) have regard to the need for
securing —
(a) that animals will at all times be kept in accommodation suitable as
respects construction, size of quarters, number of occupants,
exercising facilities, temperature, lighting, ventilation and
cleanliness;
(b) that animals will be adequately supplied with suitable food, drink
and bedding material, adequately exercised, and (so far as
necessary) visited at suitable intervals;
(c) that all reasonable precautions will be taken to prevent and
control the spread among animals of infectious or contagious
diseases, including the provision of adequate isolation facilities;
(d) that appropriate steps will be taken for the protection of the
animals in case of fire or other emergency;
(e) that a register be kept containing a description of any animals
received into the establishment, date of arrival and departure, and
the name and address of the owner, such register to be available
for inspection at all times by an officer of the Department,
veterinary surgeon or veterinary practitioner authorised under
section 2(l) of this Act;3

and shall specify such conditions in the licence, if granted by them, as
appear to the Department necessary or expedient in the particular case
for securing all the objects specified in paragraphs (a) to (e) of this
subsection.4

(4) For the purpose of facilitating the exercise by the Department of its
duties under the last foregoing subsection the Department shall, before
granting any licence under this section, cause the premises to be
inspected by an officer of the Department, [or] veterinary surgeon
authorised in writing by the Department for such purpose and shall
consider a report on such premises to be submitted to it by the person
making the inspection.5

Animal Boarding Establishments (Isle of Man) Act 1973 Section 2


c AT 9 of 1973 Page 7

(5) Any person aggrieved by the refusal of the Department to grant such a
licence, or by any condition subject to which such a licence is proposed to
be granted, may appeal to a court of summary jurisdiction; and the court
may on such an appeal give such directions with respect to the issue of a
licence or, as the case may be, with respect to the conditions subject to
which a licence is to be granted as it thinks proper.6

(6) Any such licence shall come into operation on the day on which it is
granted and, subject to the provisions hereinafter contained with respect
to cancellation, shall continue in operation until and including the thirty-
first day of March then next ensuing and shall then expire.
(7) In the event of the death of a person who is keeping a boarding
establishment for animals at any premises under the authority of a
licence granted under this Act, that licence shall be deemed to have been
granted to his personal representatives in respect of those premises and
shall, notwithstanding subsection (6) of this section (but subject to the
provisions hereinafter contained with respect to cancellation), remain in
force until the end of the period of three months beginning with the
death and shall then expire.
Provided that the Department may from time to time, on the application
of those representatives, extend or further extend the said period of three
months if the Department are satisfied that the extension is necessary for
the purpose of winding up the deceased’s estate and that no other
circumstances make it undesirable.7

(8) Any person who contravenes the provisions of subsection (1) of this
section shall be guilty of an offence; and if any condition subject to which
a licence is granted in accordance with the provisions of this Act is
contravened or not complied with, the person to whom the licence was
granted shall be guilty of an offence.
2 Inspection of boarding establishments for animals

[1963/2]
(1) The Department may authorise in writing any of its officers or any
veterinary surgeon to inspect (subject to compliance with such
precautions as the Department may specify to prevent the spread among
animals of infectious or contagious diseases) any premises as respects
which a licence granted in accordance with the provisions of this Act is
for the time being in force, and any person authorised under this section
may, on producing his authority if so required enter any such premises
at all reasonable times and inspect them and any animals found thereon
or any thing therein, for the purpose of ascertaining whether an offence
has been or is being committed against this Act.8

Section 3 Animal Boarding Establishments (Isle of Man) Act 1973


Page 8 AT 9 of 1973 c

(2) Any person who wilfully obstructs or delays any person in the exercise
of his powers of entry or inspection under this section shall be guilty of
an offence.
3 Offences and disqualifications

[1963/3]
(1) Any person guilty of an offence under any provision of this Act other
than the last foregoing section shall be liable on summary conviction to a
fine not exceeding £1,000.
(2) Any person guilty of an offence under the last foregoing section shall be
liable on summary conviction to a fine not exceeding £500.
(3) Where a person is convicted of any offence under this Act or of any
offence under Part I of the Cruelty to Animals Act 1997 the court by which
he is convicted may cancel any licence held by him under this Act, and
may whether or not he is the holder of such a licence, disqualify him
from keeping a boarding establishment for animals for such period as the
court thinks fit.9

(4) Where a person is convicted of any offence under the Animal Boarding
Establishments Act 1963 or under the Protection of Animals Act 1911 or
the Protection of Animals (Scotland) Act 1912 or the Pet Animals Act
1951 (all such Acts being Acts of Parliament) or under any corresponding
enactment of any of the Legislatures of the British Islands or of the
Republic of Ireland, a court of summary jurisdiction may, on the petition
of the Department, take the same action in respect of such person as it
could have taken under subsection (3) of this section had that person
been convicted before it of an offence against an enactment mentioned in
that subsection. For the purposes of this subsection a certificate
purporting to be signed by or on behalf of the Clerk of the Court before
whom the person was convicted shall be prima facie evidence of such
conviction.10

(5) A court which has ordered the cancellation of a person’s licence, or his
disqualification, in pursuance of either of the last two foregoing
subsections may, if it thinks fit, suspend the operation of the order
pending an appeal.
4 Power of Department or police to prosecute

[1963/4]
The Department or any officer of police may institute proceedings for any
offence under this Act.11

Animal Boarding Establishments (Isle of Man) Act 1973 Section 5


c AT 9 of 1973 Page 9

5 Interpretation

[1963/5]
(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 Diseases of Animals (Prevention) Acts 1948
to 1971.
(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;
“Board
” [Repealed]12

“Department
” means the Department of Environment, Food and Agriculture.13

“Isle of Man Supplementary Veterinary Register
” [Repealed]14

“Supplementary Veterinary Register
” and “Register of Veterinary Surgeons

[Repealed]15

“veterinary practitioner
” [Repealed]16

“veterinary surgeon
” has the meaning given by section 1(1) of the Veterinary
Surgeons Act 2005.17

6 [Repealed]
18

7 Short title and commencement

(1) This Act may be cited as the Animal Boarding Establishments (Isle of
Man) Act 1973.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys.
Animal Boarding Establishments (Isle of Man) Act 1973 Endnotes


c AT 9 of 1973 Page 11

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) amended by Cruelty to Animals Act 1997 Sch 5. 2
Subs (2) amended by GC48/86, by GC121/86 and by Agriculture (Miscellaneous
Provisions) Act 2000 s 3.
Ed. note: The fee payable on the grant of a licence under subs (2) is £60 effective
1/5/2011 see SD153/11 art 4(a). 3
Para (e) amended by GC121/86. 4
Subs (3) amended by GC121/86. 5
Subs (4) amended by GC121/86 and by Veterinary Surgeons Act 2005 Schs 2 and 3. 6
Subs (5) amended by GC121/86. 7
Subs (7) amended by GC121/86. 8
Subs (1) amended by GC121/86 and by Veterinary Surgeons Act 2005 Schs 2 and 3. 9
Subs (3) amended by Cruelty to Animals Act 1997 Sch 5. 10
Subs (4) amended by GC121/86. 11
S 4 amended by GC121/86. 12
Definition of ‘Board’ repealed by GC121/86. 13
Definition of ‘Department’ inserted by GC121/86 and amended by SD155/10 Sch 3. 14
Definition of ‘Isle of Man Supplementary Veterinary Register’ repealed by Veterinary
Surgeons Act 2005 Schs 2 and 3. 15
Definition of ‘Supplementary Veterinary Register’ and ‘Register of Veterinary
Surgeons’ repealed by Veterinary Surgeons Act 2005 Schs 2 and 3. 16
Definition of ‘veterinary practitioner’ repealed by Veterinary Surgeons Act 2005 Schs
2 and 3. 17
Definition of ‘veterinary surgeon’ substituted by Veterinary Surgeons Act 2005 Sch 2.
Endnotes Animal Boarding Establishments (Isle of Man) Act 1973


Page 12 AT 9 of 1973 c

18
S 6 repealed by Statute Law Revision Act 1997 Sch 2.