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Fur Farming (Prohibition) Bill

This is the text of the Fur Farming (Prohibition) Bill, as presented to the House of Commons on 13th January 1999.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, provided by the Ministry of Agriculture, Fisheries and Food with the consent of Maria Eagle, the Member in charge of the Bill, are published separately as Bill 13-EN.
 
  
Fur Farming (Prohibition) Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Offences relating to fur farming.
2.Forfeiture orders.
3.Effect of forfeiture orders.
4.Powers of entry and enforcement.
5.Compensation for existing businesses.
6.Interpretation.
7.Short title, commencement, extent etc.
 

 

 
 
A

B I L L

TO

Prohibit the keeping of animals with a view to their slaughter solely or primarily for the commercial value of their fur; and for related purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Offences relating to fur farming.     1. - (1) A person is guilty of an offence if he keeps animals solely or primarily-
 
 
    (a) for slaughter (whether by himself or another) for the value of their fur, or
 
    (b) for breeding progeny for such slaughter.
      (2) A person is guilty of an offence if he knowingly causes or permits another person to keep animals as mentioned in subsection (1).
 
      (3) The references in this section to keeping animals for slaughter or to breeding progeny for slaughter include keeping or (as the case may be) breeding them for sale for slaughter.
 
      (4) A person who is guilty of an offence under subsection (1) or subsection (2) is liable on summary conviction to a fine not exceeding £20,000.
 
Forfeiture orders.     2. - (1) If a person is convicted of an offence under section 1(1) in respect of animals of a particular description, the court may make a forfeiture order in respect of any animals of that description which are kept by that person when the order is made or which come into his keeping during the relevant period.
 
      (2) If a person is convicted of an offence under section 1(2) in respect of animals of a particular description kept by another person, the court may make a forfeiture order in respect of any animals of that description which are kept by that other person when the order is made or which come into his keeping during the relevant period.
 
      (3) For the purposes of this Act, a forfeiture order is an order for the forfeiture and destruction or other disposal of the animals concerned.
 
      (4) The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way.
 
      (5) Where-
 
 
    (a) the court proposes to make a forfeiture order, and
 
    (b) a person claiming to have an interest in the animals concerned applies to be heard by the court,
  the court shall not make the order unless that person has been given an opportunity to show cause why the order should not be made.
 
      (6) In this section "relevant period" means the period beginning with the making of the forfeiture order and ending with the destruction or other disposal of the animals in pursuance of the order.
 
Effect of forfeiture orders.     3. - (1) A forfeiture order operates in relation to the forfeiture of animals so as to deprive any person of his rights in those animals.
 
      (2) Any person claiming to have an interest in the animals concerned may appeal against a forfeiture order-
 
 
    (a) in England and Wales, to the Crown Court, and
 
    (b) in Scotland, to the High Court of Justiciary within the period of seven days commencing with the date of the order.
      (3) No animals shall be destroyed or otherwise disposed of in pursuance of a forfeiture order until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of the order being set aside.
 
      (4) Where the court makes a forfeiture order, it may-
 
 
    (a) appoint a person to carry out the order,
 
    (b) impose requirements on any person in relation to the keeping of the animals concerned pending their destruction or other disposal,
 
    (c) order the offender to pay such sum as the court may determine in respect of the reasonable expenses of carrying out the order and, where he does not keep the animals himself, of keeping them pending their destruction or other disposal.
      (5) Any sum ordered to be paid under subsection (4)(c) shall be treated for the purposes of enforcement as if it were a fine imposed on conviction.
 
      (6) As respects Scotland, section 221 of the Criminal Procedure (Scotland) Act 1995 shall apply to the recovery of sums ordered to be paid under subsection (4)(c) as it applies to fines ordered to be recovered by civil diligence in pursuance of that Act.
 
Powers of entry and enforcement.     4. - (1) A person authorised in writing by the appropriate Minister (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(4)(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 Minister may by order make a scheme for the making of payments by him 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) Any dispute as to a person's entitlement to payments under a scheme or as to the amounts of any such payments shall be referred by the appropriate Minister to, and determined by-
 
 
    (a) in the case of businesses or parts of businesses carried on solely or primarily in England or Wales, the Lands Tribunal, and
 
    (b) in the case of businesses or parts of businesses carried on solely or primarily in Scotland, the Lands Tribunal for Scotland.
      (4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (5) References in this section to losses do not include losses of income.
 
Interpretation.     6. In this Act "the appropriate Minister" means-
 
 
    (a) in relation to England, the Minister for Agriculture, Fisheries and Food, and
 
    (b) in relation to Scotland or to Wales, the Secretary of State.
Short title, commencement, extent etc.     7. - (1) This Act may be cited as the Fur Farming (Prohibition) Act 1999.
 
      (2) Sections 1 to 4 shall come into force on 1 January 2002.
 
      (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) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.
 
      (5) This Act does not extend to Northern Ireland.
 
 

 
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