Amendment Paper as at
Friday 14th May 1999
CONSIDERATION OF BILL
FUR FARMING (PROHIBITION) BILL, AS AMENDED
NEW CLAUSES
Exemptions in respect of trapped wild mink
Mr Eric Forth
Mr David Maclean
NC1
To move the following Clause:—
'(1) Notwithstanding the provision in section 1, it shall not be an offence to keep and dispose of animals for the value of their fur provided that—
(a) the animals are being kept temporarily as a result of being trapped in the wild,
(b) none of the animals are used for breeding purposes, and
(c) the trapped animals are disposed of as soon as is reasonably practicable and in any case no animal is retained for longer than seven days.
(2) A person who keeps wild animals which have been trapped from the wild shall keep them in conditions which may be specified in orders made by the appropriate authority under this section.
(3) The appropriate authorities may by order, under this section, make regulations providing inter alia for the—
(a) keeping of records of trapped wild mink,
(b) method of disposal of trapped wild mink, and
(c) rights of inspection by officers of the authority in places where trapped wild animals may be kept.'.
Appropriate authority responsibility for forfeited animals
Mr Eric Forth
Mr David Maclean
NC2
To move the following Clause:—
'—(1) Where a court makes an order under section 2, the appropriate authority shall arrange for qualified veterinary officers of the authority to take possession of the animals and convey them into authority custody as soon as is reasonably practical.
(2) The forfeited animals shall be housed in compliance with such regulations regarding animal welfare as applied to fur farming prior to the coming into force of sections 1 to 4 of this Act.
(3) The appropriate authority shall keep records of the animals forfeited, including records of their health status and mortality rates.
(4) The appropriate authority shall have the right to recover from the person against whom the order was made the full costs of keeping the forfeited animals from the time the order was made until their final destruction or disposal.
(5) The appropriate authority shall retain the forfeited animals until there is no further possibility of the order being set aside and shall then submit to the court a report setting out—
(a) how it intends finally to dispose of the animals;
(b) the costs incurred by the authority from forfeiture to anticipated disposal.'.
Authorised or appointed persons
Mr Eric Forth
Mr David Maclean
NC3
To move the following Clause:—
'Persons authorised or appointed under sections 3 or 4 shall be veterinary officers of the State Veterinary Service.'.
Animal trade compensation boards
Mr Eric Forth
Mr David Maclean
NC4
To move the following Clause:—
'.—(1) There shall be established, for the purposes of the settlement of any dispute as to a person's entitlement to payments under a scheme or as to the amounts of any such payments:
(a) the Animal Trade Compensation Board;
(b) the Animal Trade Compensation Board for Scotland.
(2) The Schedule to this Act shall have effect with respect to the Boards.'.
Fur Farm Conversion Scheme
Mr Eric Forth
Mr David Maclean
NC5
To move the following Clause:—
.—(1) In lieu of compensation, a person engaged in fur farming at the date on which this Act comes into force may apply to the appropriate authority before 31 December 2000 for grant in aid to convert his business to an alternative rural enterprise.
(2) The permissible rural enterprises are given in Schedule (farm conversion scheme).
(3) The maximum grant payable under subsection (1) will be determined by the appropriate authority, but may not exceed £200,000 per fur farm licensed at the date at which this Act is passed.
(4) The approval of grant in aid by the appropriate authority does not confer any rights to planning permission for change of use, nor any other granting of licences or permits which may be required in order to operate the alternative rural enterprises.
(5) The appropriate authority shall, by regulations made under this section, prescribe the detailed system for grant applications and the requirements to be met by applicants.
(6) The appropriate authority may, by regulations made under this section add or remove businesses to the list of alternative rural enterprises set out in the Schedule.'.
Mr Eric Forth
Mr David Maclean
5
Page 1, line 10 [Clause 1], leave out subsection (2).
Mr Eric Forth
Mr David Maclean
7
Page 1, line 17 [Clause 1], leave out '£20,000' and insert 'level 5 on the standard scale or imprisonment for a term not exceeding 6 months, or both.'.
Mr Eric Forth
Mr David Maclean
8
Page 1, line 17 [Clause 1], leave out '£20,000' and insert 'level 5 on the standard scale'.
Mr Eric Forth
Mr David Maclean
9
Page 1, line 17 [Clause 1], at end insert—
'(5) In this Act, except where the context otherwise requires, any reference to "animals" shall be a reference to any of the species of animal specified in the Schedule to this Act.'.
Mr Eric Forth
Mr David Maclean
6
Page 1, line 22 [Clause 2], leave out subsection (2).
Mr Eric Forth
Mr David Maclean
36
Page 2, line 20 [Clause 3], at end insert—
'(c) in Northern Ireland, to the Crown Court'.
Maria Eagle
1
Page 2, line 21 [Clause 3], leave out subsection (3).
Mr Eric Forth
Mr David Maclean
4
Page 2, line 24 [Clause 3], leave out from 'order' to end of line 31 and insert 'it shall order that the forfeited animals shall become the property of the appropriate authority and be dealt with in accordance with section (appropriate authority responsibility for forfeited animals) below.'.
Maria Eagle
2
Page 2, line 24 [Clause 3], after 'may' insert 'in particular'.
Mr Eric Forth
Mr David Maclean
10
Page 2, line 27 [Clause 3], leave out 'other disposal' and insert 'disposal by other such means as the appropriate authority may specify in regulations.'.
Maria Eagle
3
Page 2, line 31 [Clause 3], at end insert—
'( ) make such provision as the court considers appropriate in relation to the operation of the order pending the making or determination of any appeal or application relevant to the order.'.
Mr Eric Forth
Mr David Maclean
11
Page 2, line 31 [Clause 3], at end insert—
'(d) where the offender demonstrates that he is incapable of paying the required sum to the court, or keeping the animals himself, make suitable arrangements for the animals to be kept in a proper condition.'.
Mr Eric Forth
Mr David Maclean
12
Page 2, line 31 [Clause 3], at end insert—
'( ) Where the court orders an offender to make a payment in accordance with subsection (c) above, it shall take into consideration the cost of keeping the animals concerned in compliance with such regulations regarding animal welfare as applied to fur farming prior to the coming into force of sections 1 to 4 of this Act.'.
Mr Eric Forth
Mr David Maclean
13
Page 2, line 31 [Clause 3], at end insert—
'( ) Any person appointed under subsections (a) or (b) above shall possess such qualifications or meet such criteria as the appropriate authority shall specify in regulations.'.
Mr Eric Forth
Mr David Maclean
14
Page 2, line 31 [Clause 3], at end insert—
'( ) A person appointed to carry out a forfeiture order in accordance with subsection (4) shall keep the animals concerned in compliance with such regulations regarding animal welfare as applied to fur farming prior to the coming into force of sections 1 to 4 of this Act.'.
Mr Eric Forth
Mr David Maclean
15
Page 2, line 31 [Clause 3], at end insert—
'( ) Any animal destroyed in pursuance of a forfeiture order made under this Act shall be destroyed in accordance with the requirements of such regulations concerning the slaughter or killing of animals of the relevant species as may be in force at that time.'.
Mr Eric Forth
Mr David Maclean
16
Page 3, line 20 [Clause 4], at end insert—
'( ) No person shall be authorised by the appropriate authority under subsection (1) unless he has previously been certified by the authority as competent for that purpose.'.
Mr Eric Forth
Mr David Maclean
17
Page 3, line 21 [Clause 5], leave out 'may' and insert 'shall'.
