Amendment Paper as at
Friday 11th June 1999
CONSIDERATION OF BILL
FUR FARMING (PROHIBITION) BILL, AS AMENDED
Clause No. 3 (Effect of forfeiture orders).
36] Amendment (No. 36) proposed, in page 2, line 20, at the end to insert the words—
'(c) in Northern Ireland, to the Crown Court'.—(Mr Eric Forth).
Question proposed, That the Amendment be made.
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'.
Mr Eric Forth
Mr David Maclean
18
Page 3, line 26 [Clause 5], leave out 'may' and insert 'shall'.
Mr Eric Forth
Mr David Maclean
19
Page 3, line 29 [Clause 5], at end insert—
'( ) include provision for losses incurred in value of land, buildings, equipment, livestock and goodwill.'.
Mr Eric Forth
Mr David Maclean
20
Page 3, line 35 [Clause 5], at end insert—
'( ) specify the time within which payments shall be made.'.
Mr Eric Forth
Mr David Maclean
21
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of expenses incurred by the claimant as a result of the coming into force of section 1 including forced sales, premature termination of contracts, redundancy payments to employees, and any other reasonable disturbance costs.'.
Mr Eric Forth
Mr David Maclean
22
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of losses of income to businesses affected, and account shall be taken in the provision of the period for which the business might reasonably have been expected to continue but for the prohibition on keeping of animals solely or primarily for slaughter for the value of their fur under section 1 and the feasibility of reorganising the business to adopt alternative enterprises.'.
Mr Eric Forth
Mr David Maclean
23
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment on account where requested by the claimant of 50 per cent. of the amount of compensation agreed between the claimant and the appropriate authority, or in any other case of the amount of compensation that the appropriate authority estimates the claimant is entitled to under the scheme, within three months of the submission of the claim or on the expiry of any time limit imposed for the payment of compensation, whichever is the earlier.'.
Mr Eric Forth
Mr David Maclean
24
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of the reasonable fees for professional advice for persons making claims.'.
Mr Eric Forth
Mr David Maclean
25
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for consideration to be given in particular cases for payment to be made to meet the cost of clearing the land in question of buildings or other fixed equipment utilised by the business.'.
Mr Eric Forth
Mr David Maclean
26
Page 3, line 35 [Clause 5], at end insert—
'( ) Any compensation scheme made under this section shall include provision for the payment of interest to be calculated on a compound basis on the total of payments agreed at final settlement or as may be determined by arbitration, and to be payable from the date of the settlement or of any time limit imposed for the payment of compensation, whichever is the earlier.'.
Mr Eric Forth
Mr David Maclean
27
Page 3, line 37 [Clause 5], leave out from 'referred' to end of line 42 and insert 'to the arbitration of such person as may be agreed between the person and the appropriate authority or, in default of agreement, to an arbitrator nominated by the President of the Royal Institute of Chartered Surveyors'.
Mr Eric Forth
Mr David Maclean
28
Page 3, line 40 [Clause 5], leave out 'Lands Tribunal' and insert 'Animal Trade Compensation Board'.
Mr Eric Forth
Mr David Maclean
29
Page 3, line 42 [Clause 5], leave out 'Lands Tribunal for Scotland' and insert 'Animal Trade Compensation Board for Scotland'.
Mr Eric Forth
Mr David Maclean
30
Page 3, line 42 [Clause 5], at end insert—
'( ) Before making an order under this section the appropriate authorities shall consult such persons whose business interests are likely to be affected by this Act and such bodies appearing to them to be representative of such persons, and shall have regard to the views expressed by those persons and bodies.'.
Mr Eric Forth
Mr David Maclean
37
Page 3, line 42 [Clause 5], at end insert—
'(c) in the case of businesses or parts of businesses carried on solely or primarily in Northern Ireland, the Lands Tribunal for Northern Ireland.'.
Mr Eric Forth
Mr David Maclean
31
Page 3 [Clause 5], leave out lines 44 to 46 and insert 'but, except in the case of an instrument made by the National Assembly for Wales, no order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament'.
Mr Eric Forth
Mr David Maclean
32
Page 4, line 1 [Clause 5], leave out subsection (5).
