Amendment Paper as at
Friday 21st July 2000
CONSIDERATION OF BILL
PROTECTION OF ANIMALS (AMENDMENT) BILL
Maria Eagle
27
Page 1, line 6 [Clause 1], leave out from 'person' to '(referred'.
Mr Andrew Dismore
9
Page 1, line 13 [Clause 1], leave out subsection (2).
Mr Eric Forth
Mr David Maclean
1
Page 1, line 14 [Clause 1], at end insert—
'(2A) For the purposes of the Act, a person keeps an animal for commercial purposes where the animal in question is kept as part of a business for the purposes of profit or commercial exploitation.'.
Maria Eagle
28
Page 1, line 15 [Clause 1], leave out subsection (3).
Mr Andrew Dismore
10
Page 1, line 18 [Clause 1], after 'department', insert 'or agency'.
Mr Andrew Dismore
11
Page 1, line 20 [Clause 1], after 'person', insert 'with such experience, training or qualifications as may be prescribed and'.
Mr Andrew Dismore
12
Page 1, line 24 [Clause 1], after 'person', insert 'with such experience, training or qualifications as may be prescribed and'.
Maria Eagle
30
Page 1, line 27 [Clause 1], at end insert—
'(g) any person having laid an information in the magistrates' court.'.
Mr Eric Forth
Mr David Maclean
2
Page 1, line 27 [Clause 1], at end insert—
'(4) The Minister of Agriculture, Fisheries and Food shall only enter into agreements in accordance with subsection (3)(e) or (f) with individuals whose names for the time being appear on a register, kept by him for the purpose, of qualified veterinary surgeons who have satisfied him that they have the appropriate experience to act as prosecutors in accordance with this Act.'.
Mr Andrew Dismore
13
Page 2, line 4 [Clause 2], leave out 'may' and insert 'shall'.
Mr Andrew Dismore
14
Page 2, line 12 [Clause 2], after '(d)', insert 'or if (a), (b) or (c) are not practicable'.
Mr Eric Forth
Mr David Maclean
3
Page 2, line 13 [Clause 2], at end insert—
'(2A) The court shall not make an order under this section until it has heard the evidence of the owner of the animal in question or the prosecutor has presented evidence to the court that the owner has been properly notified of the intended application and the opportunity to present evidence and has declined to do so.'.
Mr Andrew Dismore
15
Page 2, line 15 [Clause 2], after 'including', insert 'the extent of the animals' suffering'.
Mr Eric Forth
Mr David Maclean
4
Page 2, line 15 [Clause 2], leave out 'desirability' and insert 'overriding importance'.
Mr Eric Forth
Mr David Maclean
5
Page 2 [Clause 3], leave out lines 22 to 28.
Mr Andrew Dismore
16
Page 2, line 24 [Clause 3], at end insert 'either—
( ) he is of the opinion that a veterinary surgeon needs to examine the animal to treat it or to determine the extent of its suffering for evidential purposes; or'.
Mr Andrew Dismore
17
Page 2, line 28 [Clause 3], after 'and', insert 'examine or'.
Mr Andrew Dismore
18
Page 2, line 33 [Clause 3], leave out from 'animals' to 'and' in line 34 and insert 'in such a way as will not cause them pain or suffering'.
Mr Andrew Dismore
19
Page 2, line 42 [Clause 3], leave out subsection (4).
Mr Eric Forth
Mr David Maclean
6
Page 2, line 45 [Clause 3], at end insert—
'( ) produce to him a sealed copy of the notice to the court of his intention to apply for an order or a copy of the order made under section 2;'.
Mr Andrew Dismore
20
Page 3, line 1 [Clause 3], leave out paragraph (5)(b) and insert—
'(b) state orally or in writing his reasons for entering, and if reasons are given orally confirm those reasons in writing within 14 days of entering'.
Mr Eric Forth
Mr David Maclean
7
Page 3, line 9 [Clause 4], at end insert 'and the prosecutor shall be under a duty to maximise the proceeds of any such disposal in each case.'.
Mr Eric Forth
Mr David Maclean
8
Page 3, line 12 [Clause 4], at end insert—
'(2A) Where an order has been made under section 2 and the owner successfully defends the proceedings under section 1 of the 1911 Act, the court shall have power (in addition to the power to award costs) to require the prosecutors to recompense the owner a fair value for the loss (including economic loss) he has suffered as a result of the exercise of the powers conferred upon the prosecutor by virtue of the order.
(2B) Any amount for which the owner is entitled to be reimbursed or compensated for under subsection (2A) may be recovered by him from the prosecutor summarily as a civil debt.'.
Mr Andrew Dismore
21
Page 3, line 16 [Clause 4], after 'owner', insert 'or keeper'.
Mr Andrew Dismore
22
Page 3, line 21 [Clause 4], after 'owner', insert 'or keeper'.
Mr Andrew Dismore
23
Page 3, line 23 [Clause 4], after 'owner', insert 'or keeper'.
Mr Andrew Dismore
24
Page 3, line 26 [Clause 4], after 'owner', insert 'or keeper'.
Mr Andrew Dismore
25
Page 3, line 36 [Clause 4], at end insert 'and "keeper" means the person against whom the proceedings were brought with care and control of the animal'.
Maria Eagle
29
Page 4 [Clause 5], leave out line 3.
Mr Andrew Dismore
26
Page 4, line 9 [Clause 5], leave out 'two months' and insert 'one month'.
