Animal Welfare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Animal Welfare Bill

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Disqualification
(1)
If a person is convicted of an offence to which this section applies, the court by
or before which he is convicted may, instead of or in addition to dealing with
him in any other way, make an order disqualifying him under any one or more
of subsections (2) to (4) for such period as it thinks fit.
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(2)
Disqualification under this subsection disqualifies a person—
(a)
from owning animals,
(b)
from keeping animals,
(c)
from participating in the keeping of animals, and
(d)
from being party to an arrangement under which he is entitled to
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control or influence the way in which animals are kept.
(3)
Disqualification under this subsection disqualifies a person from dealing in
animals.
(4)
Disqualification under this subsection disqualifies a person—
(a)
from transporting animals, and
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(b)
from arranging for the transport of animals.
(5)
Disqualification under subsection (2), (3) or (4) may be imposed in relation to
animals generally, or in relation to animals of one or more kinds.
(6)
The court by which an order under subsection (1) is made may specify a period
during which the offender may not make an application under section 39(1) for
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termination of the order.
(7)
The court by which an order under subsection (1) is made may—
(a)
suspend the operation of the order pending an appeal, or
(b)
where it appears to the court that the offender owns or keeps an animal
to which the order applies, suspend the operation of the order, and of
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any order made under section 31 in connection with the
disqualification, for such period as it thinks necessary for enabling
alternative arrangements to be made in respect of the animal.
(8)
Where a court decides not to make an order under subsection (1) in relation to
an offender, it shall—
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(a)
give its reasons for the decision in open court, and
(b)
if it is a magistrates’ court, cause them to be entered in the register of its
proceedings.
(9)
A person who breaches a disqualification under subsection (2), (3) or (4)
commits an offence.
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(10)
This section applies to an offence under any of sections 4 to 8, section 11(6) and
subsection (9).
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Seizure of animals in connection with disqualification
(1)
Where—
(a)
a court makes an order under section 30(1), and
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(b)
it appears to the court that the person to whom the order applies owns
or keeps any animal contrary to the disqualification imposed by the
order,

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it may order that all animals he owns or keeps contrary to the disqualification
be taken into possession.
(2)
Where a person is convicted of an offence under section 30(9) because of
owning or keeping an animal in breach of disqualification under section 30(2),
the court by or before which he is convicted may order that all animals he owns
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or keeps in breach of the disqualification be taken into possession.
(3)
An order under subsection (1) or (2), so far as relating to any animal owned by
the person subject to disqualification, shall have effect as an order for the
disposal of the animal.
(4)
Any animal taken into possession in pursuance of an order under subsection
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(1) or (2) that is not owned by the person subject to disqualification shall be
dealt with in such manner as the appropriate court may order.
(5)
A court may not make an order for disposal under subsection (4) unless—
(a)
it has given the owner of the animal an opportunity to be heard, or
(b)
it is satisfied that it is not reasonably practicable to communicate with
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the owner.
(6)
Where a court makes an order under subsection (4) for the disposal of an
animal, the owner may—
(a)
in the case of an order made by a magistrates’ court, appeal against the
order to the Crown Court;
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(b)
in the case of an order made by the Crown Court, appeal against the
order to the Court of Appeal.
(7)
In subsection (4), the reference to the appropriate court is to—
(a)
the court which made the order under subsection (1) or (2), or
(b)
in the case of an order made by a magistrates’ court, to a magistrates’
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court for the same local justice area as that court.
(8)
In this section, references to disposing of an animal include destroying it.
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Section 31: supplementary
(1)
The court by which an order under section 31 is made may—
(a)
appoint a person to carry out, or arrange for the carrying out of, the
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order;
(b)
require any person who has possession of an animal to which the order
applies to deliver it up to enable the order to be carried out;
(c)
give directions with respect to the carrying out of the order;
(d)
confer additional powers (including power to enter premises where an
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animal to which the order applies is being kept) for the purpose of, or
in connection with, the carrying out of the order;
(e)
order the person subject to disqualification, or another person, to
reimburse expenses incurred in carrying out the order.
(2)
Directions under subsection (1)(c) may—
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(a)
specify the manner in which an animal is to be disposed of, or
(b)
delegate the decision about the manner in which an animal is to be
disposed of to a person appointed under subsection (1)(a).
(3)
In determining how to exercise its powers under section 31 and this section, the
court shall have regard, amongst other things, to—
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(a)
the desirability of protecting the value of any animal to which the order
applies, and
(b)
the desirability of avoiding increasing any costs which a person may be
ordered to reimburse.
(4)
In determining how to exercise a power delegated under subsection (2)(b), a
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person shall have regard, amongst other things, to the things mentioned in
subsection (3)(a) and (b).
(5)
If the owner of an animal ordered to be disposed of under section 31 is subject
to a liability by virtue of subsection (1)(e), any amount to which he is entitled
as a result of sale of the animal may be reduced by an amount equal to that
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liability.
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Destruction in the interests of the animal
(1)
The court by or before which a person is convicted of an offence under any of
sections 4 to 8 may order the destruction of an animal in relation to which the
offence was committed if it is satisfied, on the basis of evidence given by a
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veterinary surgeon, that it is appropriate to do so in the interests of the animal.
(2)
A court may not make an order under subsection (1) unless—
(a)
it has given the owner of the animal an opportunity to be heard, or
(b)
it is satisfied that it is not reasonably practicable to communicate with
the owner.
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(3)
Where a court makes an order under subsection (1), it may—
(a)
appoint a person to carry out, or arrange for the carrying out of, the
order;
(b)
require a person who has possession of the animal to deliver it up to
enable the order to be carried out;
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(c)
give directions with respect to the carrying out of the order (including
directions about how the animal is to be dealt with until it is destroyed);
(d)
confer additional powers (including power to enter premises where the
animal is being kept) for the purpose of, or in connection with, the
carrying out of the order;
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(e)
order the offender or another person to pay a sum representing the
expenses of carrying out the order.
(4)
Any sum ordered to be paid under subsection (3)(e) shall be treated for the
purposes of enforcement as if it were a fine imposed on conviction.
(5)
Where a court makes an order under subsection (1), each of the offender and,
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if different, the owner of the animal may—
(a)
in the case of an order made by a magistrates’ court, appeal against the
order to the Crown Court;
(b)
in the case of an order made by the Crown Court, appeal against the
order to the Court of Appeal.
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(6)
Subsection (5) does not apply if the court by which the order is made directs
that it is appropriate in the interests of the animal that the carrying out of the
order should not be delayed.
(7)
In subsection (1), the reference to an animal in relation to which an offence was
committed includes, in the case of an offence under section 7, an animal which
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took part in an animal fight in relation to which the offence was committed.

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Destruction of animals involved in fighting offences
(1)
The court by or before which a person is convicted of an offence under section
7 may order the destruction of an animal in relation to which the offence was
committed on grounds other than the interests of the animal.
(2)
A court may not make an order under subsection (1) unless—
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(a)
it has given the owner of the animal an opportunity to be heard, or
(b)
it is satisfied that it is not reasonably practicable to communicate with
the owner.
(3)
Where a court makes an order under subsection (1), it may—
(a)
appoint a person to carry out, or arrange for the carrying out of, the
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order;
(b)
require a person who has possession of the animal to deliver it up to
enable the order to be carried out;
(c)
give directions with respect to the carrying out of the order (including
directions about how the animal is to be dealt with until it is destroyed);
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(d)
confer additional powers (including power to enter premises where the
animal is being kept) for the purpose of, or in connection with, the
carrying out of the order;
(e)
order the offender or another person to pay a sum representing the
expenses of carrying out the order.
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(4)
Any sum ordered to be paid under subsection (3)(e) shall be treated for the
purposes of enforcement as if it were a fine imposed on conviction.
(5)
Where a court makes an order under subsection (1) in relation to an animal
which is owned by a person other than the offender, that person may—
(a)
in the case of an order made by a magistrates’ court, appeal against the
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order to the Crown Court;
(b)
in the case of an order made by the Crown Court, appeal against the
order to the Court of Appeal.
(6)
In subsection (1), the reference to an animal in relation to which an offence was
committed includes an animal which took part in an animal fight in relation to
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which the offence was committed.
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Reimbursement of costs relating to animals involved in fighting offences
(1)
The court by or before which a person is convicted of an offence under section
7 may order the offender or another person to reimburse any expenses
incurred by the police in connection with the keeping of an animal in relation
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to which the offence was committed.
(2)
Any sum ordered to be paid under subsection (1) shall be treated for the
purposes of enforcement as if it were a fine imposed on conviction.
(3)
In subsection (1), the reference to an animal in relation to which the offence was
committed includes an animal which took part in a fight in relation to which
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the offence was committed.