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| | | (1E) | A person (“D”) is not guilty of an offence under subsection (1) if they themselves |
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| | | are the victim of any incident involving their dog. |
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| | | (1F) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
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| | | charge of a dog they are removing in connection with their work. |
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| | | (1G) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
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| | | charge of a dog they are required to maintain in any police or court proceedings |
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| | | or if they are assisting the courts as a witness (expert or otherwise). |
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| | | (1H) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
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| | | charge of a dog that they are authorised or required to look after in connection |
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| | | |
| | | (1I) | A person (“D”) is not guilty of an offence under subsection (1) if they are in |
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| | | charge of a dog they are looking after by virtue of the dog being in their kennels. |
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| | | (1J) | A person (“D”) is not guilty of an offence under subsection (1) if the dog is a |
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| | | police dog or a dog being used in an official capacity to assist with their work. |
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| | | (1K) | A person (“D”) is not guilty of an offence under subsection (1) if the dog is an |
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| | | |
| | | (1L) | A person (“D”) is not guilty of an offence under subsection (1) if they are |
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| | | |
| | | (1M) | A person (“D”) is not guilty of the aggravated offence under subsection (1) if, as |
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| | | a result of any disability, they were not able to physically prevent the offence. |
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| | | (1N) | A person (“D”) is not guilty of the aggravated offence under subsection (1) unless |
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| | | they encouraged the dog in its actions.’. |
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| | |
| | | |
| | Clause 98, page 70, line 28, at end insert— |
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| | | ‘(2A) | If an owner of a dog, and if different the person for the time being in charge of a |
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| | | dog unreasonably omits to keep the dog under proper control, or if he causes, or |
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| | | encourages the dog to attack a protected animal, and any of those things lead to |
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| | | the injury or death of a protected animal he shall be guilty of an offence. |
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| | | (2B) | A “protected animal” has the same meaning as in section 2 of the Animal Welfare |
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| | | |
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| | | |
| | Clause 98, page 70, line 28, at end insert— |
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| | | ‘(iii) | for “two years” there is substituted “fourteen years”.’. |
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| | |
| | | |
| | Clause 98, page 70, line 28, at end insert— |
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| | | ‘(1C) | In proceedings for an offence under section 3(1) it shall be a defence for the |
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| | | accused to prove that he took reasonable steps to prevent the dog being |
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| | | dangerously out of control.’. |
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| | |
| | | |
| | Clause 98, page 70, line 41, at end insert— |
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| | | ‘(1B) | Anyone authorised to seize a dog under subsection 1A is exempted from the |
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| | | provisions of the Dangerous Dogs Act 1991.’. |
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| | |
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| | |
| | | |
| | Clause 98, page 70, leave out lines 45 and 46 and insert ‘for the purposes of this Act, |
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| | “assistance dog” means a dog which has been accredited to assist a disabled person by a |
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| | prescribed charity or other organisation.’. |
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| | |
| | |
| | |
| | | |
| | Clause 98, page 70, line 46, at end insert ‘“dwelling”, for the purposes of section 3, |
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| | includes enclosed buildings within the curtilage of the dwelling and associated with it, |
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| | where a person might reasonably expect to find a dog, such as garages, sheds and other |
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| | |
| | |
| | | |
| | Clause 98, page 70, line 47, leave out subsection (6)(b). |
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| | |
| | |
| | |
| | |
| | | |
| | Clause 99, page 71, line 33, at end add— |
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| | | ‘(5) | After section 7 there is inserted— |
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| | | “7A | Fit and proper person code of practice |
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| | | (1) | The Secretary of State must prepare a draft code of practice giving |
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| | | guidance about the matters to be considered when determining whether |
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| | | someone is a fit and proper person for the purposes of sections 1, 4 and |
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| | | |
| | | (2) | The Secretary of State must lay before Parliament— |
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| | | (a) | any draft code of practice prepared under this section; and |
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| | | (b) | an order to be made by statutory instrument providing for the |
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| | | code to come into force, subject to subsection (4). |
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| | | (3) | Before preparing such a draft code, the Secretary of State must consult |
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| | | such persons as the Secretary of State thinks appropriate. |
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| | | (4) | Where a draft is laid before Parliament under subsection (2)(a), if neither |
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| | | House passes a resolution disapproving the draft within 40 days— |
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| | | (a) | the Secretary of State may issue the code in the form of the draft; |
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| | | |
| | | (b) | it shall come into force in accordance with provision made under |
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| | | |
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| | |
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| |
| | | ORDER OF THE HOUSE [10 June 2013] |
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| | | That the following provisions shall apply to the Anti-social Behaviour, Crime and |
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| | | |
| | | |
| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 16 July 2013. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | |
| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | |
| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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| | |
| | | ORDER OF THE HOUSE [14 October 2013] |
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| | | That the following provisions shall apply to the Anti-social Behaviour, Crime and |
|
| | | Policing Bill, in place of paragraphs (4) and (5) of the Order of 10 June 2013: |
|
| | | 1. | Proceedings on Consideration and proceedings on Third Reading shall be |
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| | | taken in two days in accordance with the following provisions of this Order. |
|
| | | 2. | Proceedings on Consideration— |
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| | | (a) | shall be taken on the days and in the order shown in the Table; |
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| | | (b) | shall (so far as not previously concluded) be brought to a conclusion |
|
| | | |
| | | |
| | | Time for conclusion of proceedings |
| | | | | New Clauses and new Schedules |
| | | | | | relating to the protection of persons |
| | | | | | from harm of a sexual nature or |
| | | | | | relating to violent offender orders. |
| | | | | | New Clauses and new Schedules |
| 10.00 pm on the first day |
| | | | | relating to Parts 1 to 6 or otherwise |
| | | | | | relating to anti-social behaviour; |
| | | | | | amendments to Parts 1 to 6; new |
| | | | | | Clauses and new Schedules relating |
| | | | | | to firearms; amendments to Part 8. |
| | | | | | Remaining New Clauses and new |
| 2.30 pm on the second day |
| | | | | Schedules, except those relating to |
| | | | | | the control of dogs; amendments to |
| | | | | | | | | | | | New Clauses and new Schedules |
| 4.30 pm on the second day |
| | | | | relating to the control of dogs; |
| | | | | | amendments to Part 7; remaining |
| | | | | | proceedings on Consideration. |
| | | |
|
