NOTICES OF AMENDMENTS
given up to and including
Wednesday 5th May 1999
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
BREEDING AND SALE OF DOGS (WELFARE) BILL, AS AMENDED
NEW CLAUSES
Annual Report
Mr David Maclean
NC1
*To move the following Clause:—
'Each local authority shall publish and present to the Secretary of State on an annual basis a written report stating
(a) the number of licences granted or renewed to breeding establishments in the local authority area;
(b) the number of applications refused;
(c) the number of convictions under sections 4 and 9 of the Act;
(d) the number of disqualifications under section 5 of the Act;
(e) the number of appeals against convictions and disqualifications;
(f) any other relevant matter as may be prescribed by the Secretary of State.'.
Dog Breeding Advisory Committee
Mr David Maclean
NC2
*To move the following Clause:—
'(1) There shall be a Dog Breeding Advisory Committee ("the Committee") which shall advise the Secretary of State on issues relating to this Act.
(2) The Schedule to this Act shall have effect with respect to the Committee.'.
Dog Breeding Licensing Authority
Mr David Maclean
NC3
*To move the following Clause:—
'(1) There shall be a Dog Breeding Licensing Authority ("the Authority") which shall be responsible for the licensing of all dog breeding establishments under sections 1, 2, 3, 5 and 6 of this Act.
(2) The Secretary of State may by regulations make provision about the functions and duties of the Authority.
(3) The Schedule to this Act shall have effect with respect to the Authority.'.
Breeding of dogs: offences
Mr David Maclean
NC4
*To move the following Clause:—
'The keeper of a breeding establishment shall be guilty of an offence if he—
(a) breeds a dog without previously gaining a certification from a veterinary practitioner or veterinary surgeon that both the bitch and the sire were in a fit state for breeding purposes and that they were not suffering from any congenital defects; or
(b) knowingly mates two dogs who are brother and sister.'.
Mr David Maclean
1
*Page 1, line 15 [Clause 1], leave out 'may' and insert 'shall'.
Mr David Maclean
11
*Page 1, line 22 [Clause 1], at end add 'and shall make the report available for inspection by the applicant'.
Mr David Maclean
2
*Page 1, line 22 [Clause 1], at end add—
'(2C) Any report published under subsection (2B) above shall take account of records kept by the breeding establishment.'.
Mr David Maclean
12
*Page 1, line 22 [Clause 1], at end add—
'(2C) No inspection shall involve the taking of photographs of any premises without the prior consent of the owner.'.
Mr David Maclean
13
*Page 2, line 4 [Clause 2], at end insert 'and not more than ten years old, unless with specific written veterinary recommendation'.
Mr David Maclean
14
*Page 2, line 9 [Clause 2], leave out from 'puppies' to 'and' in line 11.
Mr David Maclean
15
*Page 2, line 15 [Clause 2], at end insert 'or any potential buyer'.
Mr David Maclean
16
*Page 3, line 1 [Clause 4], leave out '4' and insert '5'.
Mr David Maclean
3
*Page 3, line 31 [Clause 5], after 'person', insert 'within a specified timescale'.
Mr David Maclean
4
*Page 3, line 33 [Clause 5], after 'dog', insert 'and connected expenses'.
Mr David Maclean
5
*Page 4, line 1 [Clause 5], leave out 'seven' and insert 'fourteen'.
Mr David Maclean
17
*Page 5, line 23 [Clause 6], at end add—
'(4) In setting fees under this section the local authority shall have regard to any regulations made by the Secretary of State.'.
Mr David Maclean
6
*Page 6, line 11 [Clause 7], after 'sold', insert 'or offered for sale'.
Mr David Maclean
18
*Page 6, line 24 [Clause 7], at end insert—
'(8) In this section "breeding establishment" refers to any group of premises where individuals can be shown to own bitches as a common enterprise. It shall be for the court to decide in any particular case whether any establishment falls within the term as so defined.'.
Mr David Maclean
19
*Page 7, line 3 [Clause 8], at end insert 'or the dog had a microchip implanted or was tattooed by a veterinary practitioner or veterinary surgeon, in line with regulations laid down by the Secretary of State.'.
Mr David Maclean
20
*Page 7, line 46 [Clause 9], leave out '4' and insert '5'.
Mr David Maclean
7
*Page 8, line 21 [Clause 9], after 'person', insert 'within a specified timescale'.
Mr David Maclean
8
*Page 8, line 23 [Clause 9], after 'dog', insert 'and connected expenses'.
Mr David Maclean
9
*Page 8, line 23 [Clause 9], leave out 'time to' and insert 'the'.
Mr David Maclean
10
*Page 8, line 40 [Clause 9], leave out 'seven' and insert 'fourteen'.
NEW SCHEDULES
Mr David Maclean
NS1
*To move the following Schedule:—
'The Dog Breeding Advisory Committee
Constitution of Committee
1. The Committee shall consist of—
(a) a Chairman appointed by the Secretary of State
(b) a representative of such organisations as may be prescribed by the Secretary of State.
Tenure of office
2. (1) The Chairman and each member of the Committee shall hold office for a period of not more than three years.
(2) The Chairman or a member of the Committee—
(a) may resign office by notice in writing to the Secretary of State; and
(b) is eligible for reappointment if he ceases to hold office.
Role of Committee
3. (1) The Chairman of the Committee shall advise the Secretary of State as he sees fit on issues relating to the operation of this Act.
(2) The Committee shall in addition advise the Secretary of State on any matter, relating to the welfare and breeding of dogs, which the Secretary of State thinks fit.
Staff and accommodation
4. The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Committee may require.
Remuneration and expenses
5. The Secretary of State may pay to the Chairman and members of the Committee such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.'.
Mr David Maclean
NS2
*To move the following Schedule:—
'The Dog Breeding Licensing Authority
Membership
1. The Authority shall consist of thirteen members, of whom—
(a) seven shall be representatives of local authorities appointed by the Secretary of State; and
(b) the remainder shall be representatives of such organisations as may be prescribed by the Secretary of State.
Tenure of office
2.—(1) A Member of the Authority shall hold office for the period of three years or such shorter period as the Secretary of State shall decide.
(2) The Secretary of State may at any time, by giving notice to a member of the Authority, terminate the member's appointment, if he is satisfied that the member is unable or unfit for any reason to discharge his functions as a member.
(3) A member may at any time resign his office by notice delivered to the Secretary of State, and the resignation shall take effect upon receipt of the notice by the Secretary of State.
(4) A person who ceases to be a member of the Authority shall be eligible for re-appointment.
Chairman and Vice-Chairman
3.—(1) The Secretary of State shall appoint a Chairman and Vice-Chairman from among the representatives of the local authorities.
(2) If the Chairman or Vice-Chairman ceases to be a member of the Authority he shall also cease to be Chairman or Vice-Chairman.
Staff and accommodation
4. The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Authority may require.
Remuneration and expenses
5. The Secretary of State may pay to the Chairman, Vice-Chairman and members of the Authority such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.'.
