Fur Farming (Prohibition) Bill - continued        House of Lords

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Powers of entry and enforcement.     4. - (1) A person authorised in writing by the appropriate authority (whether generally or in a particular case) may at any reasonable time enter any premises on which he has reasonable grounds for suspecting that an offence under section 1(1) has been or is being committed and may inspect the premises and any animals or things found there.
 
      (2) A person appointed by the court under section 3(3)(a) to carry out a forfeiture order may at any reasonable time enter any premises on which he has reasonable grounds for suspecting that animals to which the order applies are being kept, and carry out the order.
 
      (3) A person seeking to enter any premises in the exercise of his powers under subsection (1) or (2) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority or (as the case may be) appointment, before entering.
 
      (4) A person who has entered any premises in the exercise of his powers under subsection (1) or (2) shall, if required as mentioned in subsection (3), state in writing his reasons for entering.
 
      (5) A person is guilty of an offence if he intentionally obstructs or delays any person in the exercise of his powers under subsection (1) or (2).
 
      (6) A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (7) In this section-
 
 
    "premises" includes any place but not any private dwelling, and
 
    "private dwelling" means any premises for the time being used as a private dwelling excluding any garage, outhouse or other structure (whether or not forming part of the same building as the premises) which belongs to or is usually enjoyed with the premises.
Compensation for existing businesses.     5. - (1) The appropriate authority may (and, in the case of the Minister of Agriculture, Fisheries and Food, shall) by order make a scheme for the making of payments by that authority to persons in respect of losses incurred by them as a result of ceasing, by reason of the enactment or coming into force of section 1, to carry on their businesses so far as they consist of activities prohibited by that section.
 
      (2) A scheme may, in particular-
 
 
    (a) specify the descriptions of losses and businesses in respect of which payments are, or are not, to be made and the basis of valuation for determining losses,
 
    (b) specify the amounts of the payments to be made or the basis on which such amounts are to be calculated,
 
    (c) provide for the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.
      (3) Before making a scheme under this section, the appropriate authority shall consult such persons as appear to it to be likely to be entitled to payments under such a scheme and such organisations as appear to it to represent such persons.
 
      (4) Subsection (5) applies to any dispute as to a person's entitlement to payments under a scheme or the amounts of any such payments which-
 
 
    (a) has not been resolved within nine months of the day on which the original decision as to entitlement or amounts was notified in writing to the person concerned by the appropriate authority, and
 
    (b) has not been referred by agreement to arbitration.
      (5) The dispute shall be referred by the appropriate authority to, and determined by, the Lands Tribunal.
 
      (6) An order under this section shall be made by statutory instrument which, except in the case of an instrument made by the National Assembly for Wales, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Interpretation.     6. In this Act "the appropriate authority" means-
 
 
    (a) in relation to England, the Minister of Agriculture, Fisheries and Food, and
 
    (b) in relation to Wales, the National Assembly for Wales.
Short title, commencement and extent.     7. - (1) This Act may be cited as the Fur Farming (Prohibition) Act 2000.
 
      (2) Sections 1 to 4 shall come into force on such day as the Minister of Agriculture, Fisheries and Food may by order made by statutory instrument appoint; but no day before 1st January 2003 shall be appointed.
 
      (3) Section 5 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
 
      (4) This Act extends to England and Wales only.
 
 
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