Animal Welfare Bill
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 26th April 2006, as follows—
Clauses 12 to 13
Schedule 1
Clauses 14 to 50
Schedule 2
Clauses 51 to 61 | Schedule 3
Clause 62
Schedule 4
Clauses 63 to 66 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 69 | Insert the following new Clause— |
| (1) | A person commits an offence if he exposes, offers or displays for sale or supply or sells or supplies a dog in the course of a business at premises other than— |
| (b) | a licensed breeding establishment or a licensed Scottish rearing establishment within the meaning of section 8 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11) (sale of dogs). |
| (2) | A person commits an offence if in the course of a business he sells a dog which is less than eight weeks' old." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 70 | Page 9, line 23, at end insert ", and |
| (c) | involves the establishment or keeping of an animal sanctuary. |
| ( ) | For the purposes of this section, a person establishes or keeps an animal sanctuary if that person regularly receives into his or her care— |
| (a) | domestic animals or captive animals which are or appear to be unwanted or to have been lost or abandoned by their owner or which can no longer be kept by their owner, or |
| | for the purpose of their temporary or permanent accommodation at any premises (including a private dwelling), whether with or without provision of any treatment." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 71 | Page 9, line 23, at end insert— |
| "( ) | It shall be a condition of a licence being granted that a person prove their competence in a manner to be laid down by the appropriate national authority in order to carry on an activity to which subsection (1) applies." |
| 72 | Page 9, line 31, leave out from "promoting" to end of line 32 and insert "compliance with the provisions of this Act" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 73 | Page 9, line 32, at end insert— |
| "( ) | Regulations under subsection (2) or (4) may not be made to cover activities to which the general public is admitted without payment." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 74 | Page 9, line 32, at end insert— |
| "( ) | Before making regulations under subsections (2) and (4), the appropriate national authority shall consult— |
| (a) | such persons appearing to them to represent relevant interests, and |
| (b) | such other persons as they consider appropriate." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 75 | Insert the following new Clause— |
| | "Licensing of keeping of primates |
| (1) | No person shall keep a primate in captivity except under the authority of a licence for the purposes of this section. |
| (2) | A person commits an offence if he contravenes subsection (1). |
| (3) | An application for a licence must— |
| (a) | specify the species of animal and the number of each species proposed to be kept, |
| (b) | specify the premises where any animal will normally be kept, |
| (c) | be made by a person who is at least 18 years old and who has not been disqualified from keeping any dangerous wild animal, |
| (d) | satisfy the appropriate authority that the animal's needs as defined in section 9(2) are met, with particular regard to the fact that the animal is not of a domesticated species. |
| (4) | To ensure that the conditions of subsection (3)(d) are met, the appropriate authority must arrange for inspection by a veterinary surgeon. |
| (5) | Even if all the conditions in subsection (3) are met, the grant or refusal of a licence is entirely within the discretion of the appropriate authority. |
| (6) | This section shall not apply to any primates kept in— |
| (a) | a zoo within the meaning of the Zoo Licensing Act 1981 (c. 7) for which a licence is in force (or is not for the time being required) under that Act, |
| (c) | premises licensed as a pet shop under the Pet Animals Act 1951 (c. 35), |
| (d) | a place which is a designated establishment within the meaning of the Animals (Scientific Procedures) Act 1986 (c. 14)." |
| 76 | Insert the following new Clause— |
| | "Registration of pet shows |
| (1) | The appropriate national authority shall specify pet shows as an activity to be registered under section 13(3). |
| (2) | Pet shows registered under section 13(3) may not involve the commercial sale of animals. |
| (3) | The appropriate national authority shall issue a code of practice for pet shows to which all participants shall have regard." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 77 | Page 10, line 11, at end insert— |
| "( ) | The authority responsible for issuing a code of practice under subsection (1) shall publish a reasonable timeframe for adoption of the code." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 78 | Page 10, line 20, at end insert— |
| "( ) | The appropriate national authority shall issue a code of practice for the purpose of providing practical guidance for kennels and catteries. |
| ( ) | Failure to comply with the code of practice shall tend to establish liability in proceedings against a person for an offence under this Act." |
| 79 | Page 10, line 20, at end insert— |
| "( ) | The appropriate national authority shall issue a code of practice for the purpose of providing practical guidance for the internet sale of animals. |
| ( ) | Failure to comply with the code of practice shall tend to establish liability in proceedings against a person for an offence under this Act. |
| ( ) | The code of practice shall, in particular, make provision with regard to persons who are involved in such sales but who are not themselves responsible for the animals concerned. |
| ( ) | The code of practice shall be issued within one year of the date on which this Act receives Royal Assent, after consultation with relevant persons." |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 80 | Page 10, line 24, at end insert— |
| "( ) | consult those to whom the code will apply," |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 81 | Page 10, line 25, leave out "about the draft as he thinks fit" and insert "as appear to the authority to represent any interests concerned as the authority considers appropriate" |
| 82 | Page 10, line 30, leave out subsection (3) |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 83 | Page 10, line 33, leave out subsection (4) |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 84 | Page 10, line 38, leave out subsection (6) |
| 85 | Page 11, line 1, leave out subsection (8) |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 86 | Page 11, line 14, leave out "it thinks fit" and insert "appear to it to represent any interests concerned as it considers appropriate" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 87 | Page 11, line 24, at end insert— |
| "(3) | The appropriate national authority shall lay a copy of the order before Parliament. |
| (4) | If, within a 40-day period, either House of Parliament resolves not to approve the order laid under subsection (3), the authority shall take no further steps in relation to it." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 88 | Page 11, line 32, leave out "an inspector or a constable" and insert "he" |
| 89 | Page 11, line 37, leave out subsection (4) |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 90 | Page 11, line 37, leave out "act" and insert "humanely destroy the animal" |
| 91 | Page 12, line 12, at end insert— |
| "( ) | In considering for the purposes of subsections (5) and (6) whether an animal is likely to suffer if its circumstances do not change, account may be taken of any suffering of other animals that are (or were recently) subject to similar circumstances at the same place." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 92 | Page 12, line 22, leave out paragraph (c) |
| 93 | Page 12, line 35, leave out subsection (13) |
| 94 | Page 12, line 35, after "incurs" insert "reasonable" |
| | THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES |
| 95 | Page 12, line 36, after "section," insert "and after ascertaining that the person acted on reasonable grounds and in good faith," |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 96 | Page 12, line 37, at end insert ", but only where the court is satisfied that the person seeking expenses has acted in good faith and had reasonable grounds for doing so" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 97 | Page 13, line 2, at end insert— |
| "( ) | An inspector or a constable must pay due regard to the need for and application of bio-security measures when effecting entry to any premises." |
| | THE LORD DHOLAKIA
THE BARONESS MILLER OF CHILTHORNE DOMER |
| 98 | Page 13, line 34, leave out from "heard" to end of line 36 and insert "and the prosecutor certifies that no prosecution is intended to be commenced, which certification shall be binding in respect of each animal the subject of an application, or |
| (b) | it is satisfied beyond reasonable doubt that it is not reasonably practicable to communicate with the owner." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 99 | Page 13, line 35, leave out "it is not reasonably practicable" and insert "reasonable endeavours have been made" |
| 100 | Page 13, line 44, after "reimburse" insert "the" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 101 | Page 13, line 44, after "reimburse" insert "reasonable" |
| 102 | Page 13, line 44, leave out "incurred in" and insert "of" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 103 | Page 14, line 1, leave out subsection (6) and insert— |
| "( ) | The appropriate national authority shall issue guidance about the exercise by a court of powers under subsection (1). |
| ( ) | In determining how to exercise its power under this section, the court shall have primary regard to the welfare of the animal." |
| 104 | Page 14, line 3, leave out "costs" and insert "expenses" |
| | THE LORD DHOLAKIA
THE BARONESS MILLER OF CHILTHORNE DOMER |
| 105 | Page 14, line 9, at end insert— |
| "( ) | The Legal Aid Act 1988 (c. 34) shall have effect in relation to an application under this section as if those proceedings had been included in the definition of criminal proceedings under the Access to Justice Act 1999 (c. 22)." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 106 | Page 15, line 5, after "9," insert "(Pet fairs)," |
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