Animal Welfare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
26

(a)
it would defeat the object of entering the premises, or
(b)
entry is required as a matter of urgency.
47
Powers of entry, inspection and search: supplementary
Schedule 2 (which makes supplementary provision in relation to powers of
entry, inspection and search) has effect.
5
48
Power to stop and detain vehicles
(1)
A constable in uniform or, if accompanied by such a constable, an inspector
may stop and detain a vehicle for the purpose of entering and searching it in
the exercise of a power conferred—
(a)
by section 17(1), or
10
(b)
by a warrant under section 17(4) or 20(1).
(2)
A constable in uniform may stop and detain a vehicle for the purpose of
entering and searching it in the exercise of a power conferred—
(a)
by section 19(2), or
(b)
by a warrant under section 19(4).
15
(3)
If accompanied by a constable in uniform, an inspector may stop and detain a
vehicle for the purpose of entering it and carrying out an inspection in the
exercise of a power conferred—
(a)
by section 22(2), 23(2), 24(2) or 25(2), or
(b)
by a warrant under section 24(4).
20
(4)
A vehicle may be detained for as long as is reasonably required to permit a
search or inspection to be carried out (including the exercise of any related
power under this Act) either at the place where the vehicle was first detained
or nearby.
49
Power to detain vessels, aircraft and hovercraft
25
(1)
Where an inspector appointed by the appropriate national authority certifies in
writing that he is satisfied that an offence under or by virtue of this Act is being
or has been committed on board a vessel in port, the vessel may be detained.
(2)
A certificate under subsection (1) shall—
(a)
specify each offence to which it relates, and
30
(b)
set out the inspector’s reasons for being satisfied that each offence to
which it relates is being or has been committed.
(3)
Section 284 of the Merchant Shipping Act 1995 (c. 21) (which provides for
enforcement of the detention of a ship under that Act by specified officers)
shall apply as if the power of detention under subsection (1) were conferred by
35
that Act.
(4)
An officer who detains a vessel in reliance on a certificate under subsection (1)
shall as soon as is reasonably practicable give a copy of it to the master or
person in charge of the vessel.
(5)
A vessel may be detained under subsection (1) until the appropriate national
40
authority otherwise directs.
(6)
The appropriate national authority may by regulations—

Animal Welfare Bill
27

(a)
apply this section to aircraft or hovercraft, with such modifications as
the authority thinks fit, or
(b)
make such other provision for the detention of aircraft or hovercraft in
relation to offences under or by virtue of this Act as the authority thinks
fit.
5
50
Obtaining of documents in connection with carrying out orders etc.
(1)
Where—
(a)
an order under section 18(1), 29(1) or (2), 31(1) or (2) or 33(1) has effect,
and
(b)
the owner of an animal to which the order relates has in his possession,
10
or under his control, documents which are relevant to the carrying out
of the order or any directions given in connection with it,

the owner shall, if so required by a person authorised to carry out the order,
deliver the documents to that person as soon as practicable and in any event
before the end of the period of 10 days beginning with the date on which he is
15
notified of the requirement.
(2)
Where—
(a)
directions under section 37(3)(b) have effect, and
(b)
the owner of an animal to which the directions relate has in his
possession, or under his control, documents which are relevant to the
20
carrying out of the directions,

the owner shall, if so required by a person authorised to carry out the
directions, deliver the documents to that person as soon as practicable and in
any event before the end of the period of 10 days beginning with the date on
which he is notified of the requirement.
25
(3)
A person who fails without reasonable excuse to comply with subsection (1) or
(2) commits an offence.
51
Offences by bodies corporate
(1)
Where an offence under this Act is committed by a body corporate and is
proved to have been committed with the consent or connivance of or to be
30
attributable to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body
corporate, or
(b)
any person who was purporting to act in any such capacity,

he (as well as the body corporate) commits the offence and shall be liable to be
35
proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection with
his functions of management as if he were a director of the body corporate.
52
Scientific research
40
(1)
Nothing in this Act applies to anything lawfully done under the Animals
(Scientific Procedures) Act 1986 (c. 14).

Animal Welfare Bill
28

(2)
No power of entry, inspection or search conferred by or under this Act, except
for any such power conferred by section 24, may be exercised in relation to a
place which is—
(a)
designated under section 6 of the Animals (Scientific Procedures) Act
1986 (c. 14) as a scientific procedure establishment, or
5
(b)
designated under section 7 of that Act as a breeding establishment or as
a supplying establishment.
(3)
Section 8 does not apply in relation to an animal which—
(a)
is being kept, at a place designated under section 6 of the Animals
(Scientific Procedures) Act 1986 as a scientific procedure establishment,
10
for use in regulated procedures,
(b)
is being kept, at a place designated under section 7 of that Act as a
breeding establishment, for use for breeding animals for use in
regulated procedures,
(c)
is being kept at such a place, having been bred there for use in regulated
15
procedures, or
(d)
is being kept, at a place designated under section 7 of that Act as a
supplying establishment, for the purpose of being supplied for use
elsewhere in regulated procedures.
(4)
In subsection (3), “regulated procedure” has the same meaning as in the
20
Animals (Scientific Procedures) Act 1986.
53
Fishing
Nothing in this Act applies in relation to anything which occurs in the normal
course of fishing.
54
Crown application
25
(1)
Subject to the provisions of this section, this Act and regulations and orders
made under it shall bind the Crown.
(2)
No contravention by the Crown of any provision made by or under this Act
shall make the Crown criminally liable; but the High Court may declare
unlawful any act or omission of the Crown which constitutes such a
30
contravention.
(3)
Notwithstanding subsection (2), the provisions of this Act and of regulations
and orders made under it shall apply to persons in the service of the Crown as
they apply to other persons.
(4)
If the Secretary of State certifies that it appears to him appropriate in the
35
interests of national security that powers of entry conferred by or under this
Act should not be exercisable in relation to Crown premises specified in the
certificate, those powers shall not be exercisable in relation to those premises.
(5)
In subsection (4), “Crown premises” means premises held, or used, by or on
behalf of the Crown.
40
(6)
No power of entry conferred by or under this Act may be exercised in relation
to land belonging to Her Majesty in right of Her private estates.

Animal Welfare Bill
29

(7)
In subsection (6), the reference to Her Majesty’s private estates shall be
construed in accordance with section 1 of the Crown Private Estates Act 1862
(c. 37).
55
Orders and regulations
(1)
Any power of the Secretary of State, the National Assembly for Wales or the
5
Scottish Ministers to make orders or regulations under this Act is exercisable
by statutory instrument.
(2)
No regulations under section 1(3), 5(4), 10 or 11 shall be made by the Secretary
of State unless a draft of the instrument containing the regulations has been
laid before, and approved by a resolution of, each House of Parliament.
10
(3)
A statutory instrument containing regulations under section 49(6) made by the
Secretary of State shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
56
General interpretation
(1)
In this Act—
15
“animal” has the meaning given by section 1(1);
“appropriate national authority” means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the National Assembly for Wales;
“enactment” includes an enactment contained in subordinate legislation
20
(within the meaning of the Interpretation Act 1978 (c. 30));
“licence” means a licence for the purposes of section 11;
“local authority” means—
(a)
in relation to England, a county council, a district council, a
London borough council, the Common Council of the City of
25
London or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county borough
council;
“premises” includes any place and, in particular, includes—
(a)
any vehicle, vessel, aircraft or hovercraft;
30
(b)
any tent or movable structure;
“protected animal” has the meaning given by section 2;
“veterinary surgeon” means a person registered in the register of
veterinary surgeons, or the supplementary veterinary register, kept
under the Veterinary Surgeons Act 1966 (c. 36).
35
(2)
In this Act, references to the occupier of premises, in relation to any vehicle,
vessel, aircraft or hovercraft, are to the person who appears to be in charge of
the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be construed
accordingly.
(3)
In this Act, references to a part of premises which is used as a private dwelling
40
include any yard, garden, garage or outhouse which is used for purposes in
connection with it.
(4)
In this Act, references to responsibility, in relation to an animal, are to be read
in accordance with section 3.

Animal Welfare Bill
30

(5)
In this Act, references to the needs of an animal are to be read in accordance
with section 8(2).
(6)
In this Act, references to a “relevant post-conviction power” are to a power
conferred by—
(a)
section 29, 30, 33 or 38 of this Act,
5
(b)
section 4(2) of the Performing Animals (Regulation) Act 1925 (c. 38)
(power to remove name from register under Act and disqualify from
registration),
(c)
section 5(3) of the Pet Animals Act 1951 (c. 35) (power to cancel licence
under Act and disqualify from carrying on licensable activity),
10
(d)
section 3(3) of the Animal Boarding Establishments Act 1963 (c. 43)
(provision corresponding to that mentioned in paragraph (c) above),
(e)
section 4(3) of the Riding Establishments Act 1964 (c. 70) (further
corresponding provision),
(f)
section 3(4) of the Guard Dogs Act 1975 (c. 50) (power to cancel licence
15
under Act),
(g)
section 6(2) of the Dangerous Wild Animals Act 1976 (c. 38) (power to
cancel licence under Act and disqualify from carrying on licensable
activity), or
(h)
section 4(4) of the Zoo Licensing Act 1981 (c. 37) (power to refuse
20
licence under Act for conviction for an offence).
57
Financial provisions
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure under this Act of the Secretary of State, and
(b)
any increase attributable to this Act in the sums payable out of money so
25
provided under any other enactment.
(2)
There shall be paid into the Consolidated Fund any increase attributable to this Act in
the sums payable into that Fund under any other enactment.
58
Minor and consequential amendments
Schedule 3 (minor and consequential amendments) has effect.
30
59
Repeals
The enactments specified in Schedule 4 are hereby repealed to the extent
specified.
60
Transition
(1)
Until the coming into force of section 8 of the Courts Act 2003 (c. 39), section
35
31(7) and 39(7) shall have effect with the substitution for “local justice area” of
“petty sessions area”.
(2)
Each of the Secretary of State, the National Assembly for Wales and the Scottish
Ministers may by order make such transitional provision or savings as are
considered necessary or expedient in connection with the coming into force of
40
any provision of this Act.

Animal Welfare Bill
31

(3)
Power under subsection (2) includes power to make different provision for
different cases.
61
Extent
(1)
Subject to the following provisions, this Act extends to England and Wales
only.
5
(2)
Sections 40 to 44 and 62(2) extend to Scotland only.
(3)
The following provisions also extend to Scotland—
(a)
sections 51 and 54(1) and (4) to (7), so far as relating to sections 40 to 44,
(b)
section 55(1), so far as relating to sections 60 and 62,
(c)
section 60(2) and (3), this section and sections 62(1), (3) and (4) and 63,
10
(d)
paragraphs 2 and 12 to 14 of Schedule 3, and section 58 so far as relating
to them, and
(e)
such of the repeals in Schedule 4 as are mentioned in subsection (4), and
section 59 so far as relating to them.
(4)
The repeals referred to are—
15
(a)
in section 1(3) of the Protection of Animals Act 1934 (c. 21), the
provision about the meaning of “horse” and “bull”;
(b)
in the Protection of Animals (Amendment) Act 1954 (c. 40)—
(i)
in section 1(1), the words “the Protection of Animals Act 1911
or”, and
20
(ii)
in section 4(1)(a), the words from “, in relation to England” to
“in relation to Scotland,”;
(c)
in the Protection of Animals (Anaesthetics) Act 1954 (c. 46), section 2(2)
and Part 1 of Schedule 2;
(d)
in the Abandonment of Animals Act 1960 (c. 43)—
25
(i)
section 2(a), and
(ii)
in section 3(2), the words “the Protection of Animals Acts 1911
to 1960, or” and the words “, as the case may be”;
(e)
in section 4(2) of the Animals (Cruel Poisons) Act 1962, the words from
“and the Protection of Animals Acts 1911” to “and this Act”;
30
(f)
in the Protection of Animals (Anaesthetics) Act 1964 (c. 39), section
2(1)(a);
(g)
in the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)—
(i)
section 7(3), and
(ii)
in section 8(5), the words “the Protection of Animals Acts 1911
35
to 1964 or”.
(5)
The following provisions also extend to Northern Ireland—
(a)
section 55(1), so far as relating to sections 60 and 62,
(b)
section 60(2) and (3), this section and sections 62(1), (3) and (4) and 63,
and
40
(c)
paragraphs 12 and 14 of Schedule 3, and section 58 so far as relating to
them.
62
Commencement
(1)
This section and sections 55, 61 and 63 shall come into force on the day on
which this Act is passed.
45

Animal Welfare Bill
32

(2)
Sections 40 to 44 shall come into force on such day as the Scottish Ministers may
by order appoint.
(3)
The remaining provisions of this Act—
(a)
so far as relating to England, Scotland or Northern Ireland, shall come
into force on such day as the Secretary of State may by order appoint,
5
and
(b)
so far as relating to Wales, shall come into force on such day as the
National Assembly for Wales may by order appoint.
(4)
Power under subsection (3) includes power to appoint different days for
different purposes.
10
63
Short title
This Act may be cited as the Animal Welfare Act 2005.