Fur Farming (Prohibition) Bill

House of Commons

Session 1998-99
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Fur Farming (Prohibition) Bill

A
B I L L
[AS AMENDED IN STANDING COMMITTEE B]
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.

© Parliamentary copyright 1999
Prepared 15 April 1999

Fur Farming (Prohibition) Bill

	A B I L L [AS AMENDED IN STANDING COMMITTEE B] 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.