Session 2013 - 14
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Report Stage Proceedings: 15 October 2013                

345

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(1D)    

A person (“D”) is not guilty of an offence under subsection (1) if they are a vet or

 

someone working in a veterinary practice at the relevant time.

 

(1E)    

A person (“D”) is not guilty of an offence under subsection (1) if they themselves

 

are the victim of any incident involving their dog.

 

(1F)    

A person (“D”) is not guilty of an offence under subsection (1) if they are in

 

charge of a dog they are removing in connection with their work.

 

(1G)    

A person (“D”) is not guilty of an offence under subsection (1) if they are in

 

charge of a dog they are required to maintain in any police or court proceedings

 

or if they are assisting the courts as a witness (expert or otherwise).

 

(1H)    

A person (“D”) is not guilty of an offence under subsection (1) if they are in

 

charge of a dog that they are authorised or required to look after in connection

 

with their work.

 

(1I)    

A person (“D”) is not guilty of an offence under subsection (1) if they are in

 

charge of a dog they are looking after by virtue of the dog being in their kennels.

 

(1J)    

A person (“D”) is not guilty of an offence under subsection (1) if the dog is a

 

police dog or a dog being used in an official capacity to assist with their work.

 

(1K)    

A person (“D”) is not guilty of an offence under subsection (1) if the dog is an

 

assistance dog.

 

(1L)    

A person (“D”) is not guilty of an offence under subsection (1) if they are

 

registered blind.

 

(1M)    

A person (“D”) is not guilty of the aggravated offence under subsection (1) if, as

 

a result of any disability, they were not able to physically prevent the offence.

 

(1N)    

A person (“D”) is not guilty of the aggravated offence under subsection (1) unless

 

they encouraged the dog in its actions.’.

 

Tracey Crouch

 

Not called  133

 

Clause  98,  page  70,  line  28,  at end insert—

 

‘(2A)    

If an owner of a dog, and if different the person for the time being in charge of a

 

dog unreasonably omits to keep the dog under proper control, or if he causes, or

 

encourages the dog to attack a protected animal, and any of those things lead to

 

the injury or death of a protected animal he shall be guilty of an offence.

 

(2B)    

A “protected animal” has the same meaning as in section 2 of the Animal Welfare

 

Act 2006.’.

 

Richard Fuller

 

Not called  141

 

Clause  98,  page  70,  line  28,  at end insert—

 

‘(iii)    

for “two years” there is substituted “fourteen years”.’.

 

Angela Smith

 

Not called  142

 

Clause  98,  page  70,  line  28,  at end insert—

 

‘(1C)    

In proceedings for an offence under section 3(1) it shall be a defence for the

 

accused to prove that he took reasonable steps to prevent the dog being

 

dangerously out of control.’.

 

Philip Davies

 

Not called  135

 

Clause  98,  page  70,  line  41,  at end insert—

 

‘(1B)    

Anyone authorised to seize a dog under subsection 1A is exempted from the

 

provisions of the Dangerous Dogs Act 1991.’.


 
 

Report Stage Proceedings: 15 October 2013                

346

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Miss Anne McIntosh

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

Not called  98

 

Clause  98,  page  70,  leave out lines 45 and 46 and insert ‘for the purposes of this Act,

 

“assistance dog” means a dog which has been accredited to assist a disabled person by a

 

prescribed charity or other organisation.’.

 

Miss Anne McIntosh

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

Not called  97

 

Clause  98,  page  70,  line  46,  at end insert ‘“dwelling”, for the purposes of section 3,

 

includes enclosed buildings within the curtilage of the dwelling and associated with it,

 

where a person might reasonably expect to find a dog, such as garages, sheds and other

 

outbuildings;’.

 

Tracey Crouch

 

Not called  132

 

Clause  98,  page  70,  line  47,  leave out subsection (6)(b).

 


 

Miss Anne McIntosh

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

Not called  99

 

Clause  99,  page  71,  line  33,  at end add—

 

‘(5)    

After section 7 there is inserted—

 

“7A    

Fit and proper person code of practice

 

(1)    

The Secretary of State must prepare a draft code of practice giving

 

guidance about the matters to be considered when determining whether

 

someone is a fit and proper person for the purposes of sections 1, 4 and

 

4B.

 

(2)    

The Secretary of State must lay before Parliament—

 

(a)    

any draft code of practice prepared under this section; and

 

(b)    

an order to be made by statutory instrument providing for the

 

code to come into force, subject to subsection (4).

 

(3)    

Before preparing such a draft code, the Secretary of State must consult

 

such persons as the Secretary of State thinks appropriate.

 

(4)    

Where a draft is laid before Parliament under subsection (2)(a), if neither

 

House passes a resolution disapproving the draft within 40 days—

 

(a)    

the Secretary of State may issue the code in the form of the draft;

 

and


 
 

Report Stage Proceedings: 15 October 2013                

347

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

it shall come into force in accordance with provision made under

 

subsection (2)(b).”.’.

 

.

 

Bill read the third time, and passed.

 


 
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Revised 16 October 2013