Animal Welfare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
19

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Forfeiture of equipment used in offences
(1)
Where a person is convicted of an offence under any of sections 4 to 7, the court
by or before which he is convicted may order any qualifying item which is
shown to the satisfaction of the court to relate to the offence to be—
(a)
forfeited, and
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(b)
destroyed or dealt with in such manner as may be specified in the
order.
(2)
The reference in subsection (1) to any qualifying item is—
(a)
in the case of a conviction for an offence under section 4, to anything
designed or adapted for causing suffering to an animal;
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(b)
in the case of a conviction for an offence under section 5, to anything
designed or adapted for carrying out a prohibited procedure on an
animal;
(c)
in the case of a conviction for an offence under section 6, to anything
designed or adapted for administering any drug or substance to an
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animal;
(d)
in the case of a conviction for an offence under section 7, to anything
designed or adapted for use in an animal fight.
(3)
The court shall not order anything to be forfeited under subsection (1) if a
person claiming to be the owner of it or otherwise interested in it applies to be
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heard by the court, unless he has been given an opportunity to show cause why
the order should not be made.
(4)
An expression used in any of paragraphs (a) to (d) of subsection (2) has the
same meaning as in the provision referred to in that paragraph.
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Orders under section 29, 31, 33, 34 or 36: pending appeals
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(1)
Nothing may be done under an order under section 29, 31, 33, 34 or 36 unless—
(a)
the period for giving notice of appeal against the order has expired,
(b)
the period for giving notice of appeal against the conviction on which
the order was made has expired, and
(c)
if the order or conviction is the subject of an appeal, the appeal has been
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determined or withdrawn.
(2)
Subsection (1) does not apply to an order under section 33(1) if the order is the
subject of a direction under subsection (6) of that section.
(3)
Where the effect of an order is suspended under subsection (1)—
(a)
no requirement imposed or directions given in connection with the
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order shall have effect, but
(b)
the court may give directions about how any animal to which the order
applies is to be dealt with during the suspension.
(4)
Directions under subsection (3)(b) may, in particular—
(a)
authorise the animal to be taken into possession;
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(b)
authorise the removal of the animal to a place of safety;
(c)
authorise the animal to be cared for either on the premises where it was
being kept when it was taken into possession or at some other place;
(d)
appoint a person to carry out, or arrange for the carrying out, of the
directions;
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(e)
require any person who has possession of the animal to deliver it up for
the purposes of the directions;
(f)
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 directions;
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(g)
provide for the recovery of any costs in relation to removal or care of
the animal which are incurred in carrying out the directions.
(5)
Any sum a person is directed to pay under subsection (4)(g) shall be treated for
the purposes of enforcement as if it were a fine imposed on conviction.
(6)
Where the effect of an order under section 29 is suspended under subsection
10
(1) the person to whom the order relates may not sell or part with any animal
to which the order applies.
(7)
Failure to comply with subsection (6) is an offence.
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Orders with respect to licences
(1)
If a person is convicted of an offence under any of sections 4 to 9 and 11(6), the
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court by or before which he is convicted may, instead of or in addition to
dealing with him in any other way—
(a)
make an order cancelling any licence held by him;
(b)
make an order disqualifying him, for such period as it thinks fit, from
holding a licence.
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(2)
Disqualification under subsection (1)(b) may be imposed in relation to licences
generally, or in relation to licences of one or more kinds.
(3)
The court by which an order under subsection (1)(b) is made may specify a
period during which the offender may not make an application under section
39(1) for termination of the order.
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(4)
The court by which an order under subsection (1) is made may suspend the
operation of the order pending an appeal.
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Termination of disqualification under section 30 or 38
(1)
A person who is disqualified by virtue of an order under section 30 or 38 may
apply to the appropriate court for the termination of the order.
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(2)
No application under subsection (1) may be made—
(a)
before the end of the period of one year beginning with the date on
which the order is made,
(b)
where a previous application under that subsection has been made in
relation to the same order, before the end of the period of one year
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beginning with the date on which the previous application was
determined, or
(c)
before the end of any period specified under section 30(6), 38(3) or
subsection (5) below in relation to the order.
(3)
On an application under subsection (1), the court may—
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(a)
terminate the disqualification,
(b)
vary the disqualification so as to make it less onerous, or
(c)
refuse the application.

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(4)
When determining an application under subsection (1), the court shall have
regard to the character of the applicant, his conduct since the imposition of the
disqualification and any other circumstances of the case.
(5)
Where the court refuses an application under subsection (1), it may specify a
period during which the applicant may not make a further application under
5
that subsection in relation to the order concerned.
(6)
The court may order an applicant under subsection (1) to pay all or part of the
costs of the application.
(7)
In subsection (1), the reference to the appropriate court is to—
(a)
the court which made the order under section 30 or 38, or
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(b)
in the case of an order made by a magistrates’ court, to a magistrates’
court acting for the same local justice area as that court.
Scotland
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Effect in Scotland of disqualification under section 30
(1)
Disqualification by virtue of an order under section 30(1) has effect in relation
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to Scotland.
(2)
A person who breaches a disqualification under section 30 commits an offence.
(3)
A person guilty of an offence under subsection (2) is liable on summary
conviction to—
(a)
imprisonment for a term not exceeding 6 months, or
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(b)
a fine not exceeding level 5 on the standard scale,

or to both.
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Deprivation orders in connection with offence under section 40(2)
(1)
Where a person is convicted of an offence under section 40(2) because of
owning or keeping an animal in breach of disqualification under section 30(2),
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the convicting court may make an order (in this section and sections 43 and 44
referred to as a “deprivation order”) in respect of any animal in relation to
which the offence was committed.
(2)
A deprivation order is an order—
(a)
depriving a person of possession or ownership (or both) of an animal,
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and
(b)
for—
(i)
the destruction,
(ii)
the sale, or
(iii)
another disposal,
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of the animal.
(3)
Where the court decides not to make a deprivation order, it must state its
reasons.
(4)
A deprivation order may be made in addition to, or instead of, any other
penalty or order which may be imposed in relation to the offence.
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(5)
A deprivation order may make provision in respect of any dependent offspring
of an animal to which it applies.
(6)
A deprivation order may include—
(a)
provision—
(i)
appointing a person who is to secure that the order is carried
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out,
(ii)
requiring any person possessing an animal to which the order
applies to give it up to a person appointed under sub-paragraph
(i),
(b)
provision authorising—
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(i)
a person appointed under paragraph (a)(i), and
(ii)
any person acting on that person’s behalf,

to enter, for the purposes of securing that the order is carried out, any
premises where an animal to which the order applies is kept,
(c)
such other provisions as the court considers appropriate in connection
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with the order.
(7)
Provision under subsection (6)(c) may, in particular—
(a)
require reimbursement of any expenses reasonably incurred in
carrying out the order,
(b)
relate to the retention of any proceeds of the disposal.
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(8)
The court may not make a deprivation order which involves the destruction of
an animal unless it is satisfied, on evidence provided by a veterinary surgeon,
that destruction would be in the interests of the animal.
(9)
Before making a deprivation order, the court must give the owner of the animal
concerned an opportunity to make representations unless it is not practicable
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for it to do so.
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Seizure orders where disqualification breached: Scotland
(1)
Where the court is satisfied that a person who is subject to disqualification
under section 30 owns or keeps an animal in breach of the disqualification, the
court may make an order (in this section and sections 43 and 44 referred to as
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a “seizure order”) in respect of all animals which the person owns or keeps in
breach of the disqualification.
(2)
A seizure order may be made—
(a)
on summary application by an inspector,
(b)
even if proceedings have not been, or are not likely to be, taken against
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the person for an offence under section 40(2).
(3)
A seizure order is an order—
(a)
depriving a person of possession or ownership (or both) of an animal,
and
(b)
for—
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(i)
the destruction,
(ii)
the sale, or
(iii)
another disposal,

of the animal.
(4)
A seizure order may include—
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(a)
provision—
(i)
appointing a person who is to secure that the order is carried
out,
(ii)
requiring any person possessing an animal to which the order
applies to give it up to a person appointed under sub-paragraph
5
(i),
(b)
provision authorising—
(i)
a person appointed under paragraph (a)(i), and
(ii)
any person acting on that person’s behalf,

to enter, for the purposes of securing that the order is carried out, any
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premises where an animal to which the order applies is kept,
(c)
such other provision as the court considers appropriate in connection
with the order.
(5)
Provision under subsection (4)(c) may, in particular—
(a)
require reimbursement of any expenses reasonably incurred in
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carrying out the order,
(b)
relate to the retention of any proceeds of the disposal.
(6)
The court may not make a seizure order which involves the destruction of an
animal unless it is satisfied, on evidence provided by a veterinary surgeon, that
destruction would be in the interests of the animal.
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(7)
Before making a seizure order, the court must give the owner of the animals
concerned an opportunity to make representations unless it is not practicable
for it to do so.
(8)
In determining whether or how to make a seizure order, the court must have
regard to the desirability of—
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(a)
protecting the value of any animal to which the order applies, and
(b)
avoiding increasing any expenses which a person may be required to
reimburse.
(9)
In subsection (2)(a), an “inspector” is a person—
(a)
appointed as inspector by the Scottish Ministers, or authorised by them,
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for the purposes of this section, or
(b)
appointed as inspector by a local authority for the purposes of this
section.
(10)
In subsection (9)(b), a “local authority” means a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
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Appeals against deprivation orders and seizure orders
(1)
Any deprivation order is, for the purposes of any appeal under the Criminal
Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.
(2)
Where a deprivation order is made, any person (apart from a person who may
appeal against the order by virtue of subsection (1)) who has an interest in any
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animal to which the order applies may, within 7 days of the making of the
order, appeal to the High Court of Justiciary against the order.
(3)
Where a seizure order is made, any person who has an interest in any animal
to which the order applies may appeal to the sheriff principal against the order.

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(4)
The appellant in an appeal under subsection (3) may, with the sheriff
principal’s leave to do so, appeal to the Court of Session against the sheriff
principal’s decision.
(5)
The operation of any deprivation order or seizure order is suspended until—
(a)
any period for an appeal against the order has expired,
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(b)
the period for an appeal against the conviction on which the order
depends has expired, and
(c)
any appeal against the order or that conviction has been withdrawn or
finally determined.
(6)
Where the operation of an order is suspended under subsection (5), the court
10
which made the order may make an order under this subsection (an “interim
order”) containing such provisions as the court considers appropriate in
relation to the keeping of an animal for so long as the first-mentioned order
remains suspended.
(7)
An interim order may, in particular—
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(a)
make provision—
(i)
appointing a person who is to secure that the order is carried
out,
(ii)
requiring any person possessing an animal to which the order
applies to give it up to a person appointed under sub-paragraph
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(i),
(b)
make provision authorising—
(i)
a person appointed under paragraph (a)(i), and
(ii)
any person acting on that person’s behalf,

to enter, for the purposes of securing that the order is carried out, any
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premises where an animal to which the order applies is kept,
(c)
for reimbursement of any expenses reasonably incurred in carrying out
the order.
(8)
In determining whether or how to make an interim order, the court must have
regard to the desirability of—
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(a)
protecting the value of any animal to which the order applies, and
(b)
avoiding increasing any expenses which a person may be required to
reimburse.
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Deprivation orders, seizure orders and interim orders: offences
(1)
Where the operation of a deprivation order is suspended under section 43(5),
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a person commits an offence if the person sells or otherwise parts with an
animal to which the order applies.
(2)
A person commits an offence if the person intentionally obstructs a person in
the carrying out of—
(a)
a deprivation order,
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(b)
a seizure order,
(c)
an interim order under section 43(6).
(3)
A person guilty of an offence under subsection (1) or (2) is liable on summary
conviction to—
(a)
imprisonment for a term not exceeding 6 months, or
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(b)
a fine not exceeding level 5 on the standard scale,

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or to both.
General
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Inspectors
(1)
In this Act, “inspector”, in the context of any provision, means a person
appointed to be an inspector for the purposes of that provision by—
5
(a)
the appropriate national authority, or
(b)
a local authority.
(2)
In appointing a person to be an inspector for purposes of this Act, a local
authority shall have regard to guidance issued by the appropriate national
authority.
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(3)
The appropriate national authority may, in connection with guidance under
subsection (2), draw up a list of persons whom the authority considers suitable
for appointment by a local authority to be an inspector for purposes of this Act.
(4)
A person may be included in a list under subsection (3) as suitable for
appointment as an inspector for all the purposes of this Act or only for such one
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or more of those purposes as may be specified in the list.
(5)
An inspector shall not be liable in any civil or criminal proceedings for
anything done in the purported performance of his functions under this Act if
the court is satisfied that the act was done in good faith and that there were
reasonable grounds for doing it.
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(6)
Relief from liability of an inspector under subsection (5) shall not affect any
liability of any other person in respect of the inspector’s act.
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Conditions for grant of warrant
(1)
This section is satisfied in relation to premises if any of the following four
conditions is met.
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(2)
The first condition is that the whole of the premises is used as a private
dwelling and the occupier has been informed of the decision to apply for a
warrant.
(3)
The second condition is that any part of the premises is not used as a private
dwelling and that each of the following applies to the occupier of the
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premises—
(a)
he has been informed of the decision to seek entry to the premises and
of the reasons for that decision;
(b)
he has failed to allow entry to the premises on being requested to do so
by an inspector or a constable;
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(c)
he has been informed of the decision to apply for a warrant.
(4)
The third condition is that—
(a)
the premises are unoccupied or the occupier is absent, and
(b)
notice of intention to apply for a warrant has been left in a conspicuous
place on the premises.
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(5)
The fourth condition is that it is inappropriate to inform the occupier of the
decision to apply for a warrant because—