Animal Welfare Bill

House of Commons

Session 2005 - 06
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Animal Welfare Bill

Animal Welfare Bill
Schedule 1 — Regulations under section 11
Part 1 — Licences for the purposes of the section
33

Schedules
Schedule 1
Section 11

Regulations under section 11
Part 1
Licences for the purposes of the section
5
Introductory
1
This Part has effect in relation to regulations under section 11(7) about
licences for the purposes of section 11.
Licensing authority
2
Regulations shall provide for the licensing authority to be—
10
(a)
a local authority, or
(b)
the appropriate national authority.
3
Where the licensing authority is a local authority, regulations may require
the licensing authority to have regard in carrying out its functions under the
regulations to such guidance as may be issued by the appropriate national
15
authority.
Period of licence
4
Regulations may, in particular—
(a)
make provision about the period for which licences are to be granted;
(b)
make provision, in connection with the death of the holder of a
20
licence, for the continuation in force of the licence for such period
and subject to such conditions as the regulations may provide.
5
Regulations may not provide for licences to be granted for a period of more
than 3 years.
Exercise of licensing functions
25
6
Regulations may, in particular—
(a)
require a licensing authority not to grant a licence unless satisfied as
to a matter specified in the regulations;
(b)
require a licensing authority to have regard, in deciding whether to
grant a licence, to a matter specified in the regulations.
30

Animal Welfare Bill
Schedule 1 — Regulations under section 11
Part 2 — Registration for the purposes of the section
34

7
Regulations shall make provision requiring a licensing authority not to grant
a licence authorising the carrying on of an activity on specific premises
unless the premises have been inspected as the regulations may provide.
Grant of licence subject to conditions
8     (1)
Regulations may, in particular, make provision for the grant of a licence
5
subject to conditions.
      (2)
Provision of the kind mentioned in sub-paragraph (1) may—
(a)
enable a licensing authority to attach conditions to a licence;
(b)
require a licensing authority to attach to a licence conditions
specified in the regulations.
10
Breach of licence condition
9     (1)
Regulations may provide for breach of a condition of a licence to be an
offence.
      (2)
Regulations may not provide for an offence of breach of condition of a
licence to be triable on indictment or punishable with—
15
(a)
imprisonment for a term exceeding 51 weeks, or
(b)
a fine exceeding level 5 on the standard scale.
      (3)
Regulations may provide that an offence of breach of condition of a licence
is to be treated as a relevant offence for the purposes of section 20.
      (4)
Regulations may apply a relevant post-conviction power in relation to
20
conviction for an offence of breach of condition of a licence.
Appeals
10
Regulations may, in particular, make provision for appeals in relation to
decisions of a licensing authority under the regulations.
Fees
25
11
Regulations may include provision for fees or other charges in relation to the
carrying out of functions of the licensing authority under the regulations.
Part 2
Registration for the purposes of the section
Introductory
30
12
This Part has effect in relation to regulations under section 11(7) about
registration for the purposes of section 11.
Registering authority
13
Regulations shall provide for the registering authority to be—
(a)
a local authority, or
35
(b)
the appropriate national authority.

Animal Welfare Bill
Schedule 1 — Regulations under section 11
Part 3 — Supplementary
35

14
Where the registering authority is a local authority, regulations may require
the registering authority to have regard in carrying out its functions under
the regulations to such guidance as may be issued by the appropriate
national authority.
Exercise of registration functions
5
15
Regulations may, in particular—
(a)
require a registering authority not to register an applicant for
registration unless satisfied as to a matter specified in the
regulations;
(b)
require a registering authority to have regard, in deciding whether to
10
register an applicant for registration, to a matter specified in the
regulations.
Appeals
16
Regulations may, in particular, make provision for appeals in relation to
decisions of a registering authority under the regulations.
15
Fees
17
Regulations may include provision for fees or other charges in relation to the
carrying out of functions of the registering authority under the regulations.
Part 3
Supplementary
20
18
Power to make regulations under section 11(7) includes power—
(a)
to make provision for purposes other than the purpose of promoting
the welfare of animals for which a person is responsible;
(b)
to make different provision for different cases or areas;
(c)
to provide for exemptions from a provision of the regulations, either
25
subject to specified conditions or without conditions.
19    (1)
Power to make regulations under section 11 includes power to make
incidental, supplementary, consequential or transitional provision or
savings.
      (2)
In the case of provision consequential on the repeal of an enactment
30
specified in section 11(8), the power under sub-paragraph (1) includes
power—
(a)
to amend or repeal an enactment;
(b)
to make provision for the purpose of continuing the effect of an
enactment repealed under paragraph (a).
35
      (3)
The power under sub-paragraph (2)(b) includes power to provide that
breach of a provision of the regulations is an offence, but does not include
power to create an offence triable on indictment or punishable with—
(a)
imprisonment for a term exceeding 51 weeks, or
(b)
a fine exceeding level 5 on the standard scale.
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Animal Welfare Bill
Schedule 2 — Powers of entry, inspection and search: supplementary
36

Schedule 2
Section 47

Powers of entry, inspection and search: supplementary
Safeguards etc. in connection with powers of entry conferred by warrant
1     (1)
Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall
have effect in relation to a warrant under section 17(4) or 20(1) issued to an
5
inspector as they have effect in relation to a warrant under that provision
issued to a constable.
      (2)
Sections 15 and 16 of the Police and Criminal Evidence Act 1984 shall have
effect in relation to a warrant under section 24(4) issued to an inspector as
they have effect in relation to a warrant to enter and search premises issued
10
to a constable, but with the following modifications.
      (3)
In section 15—
(a)
in subsection (1), omit the words “or search of”,
(b)
in subsection (2)(b), omit the words “and search”,
(c)
omit subsection (2)(c),
15
(d)
in subsection (6)(a)(iv), for “searched; and” substitute “entered.”, and
(e)
omit subsection (6)(b).
      (4)
In section 16—
(a)
in subsection (1), omit the words “and search”,
(b)
omit subsection (2A)(b),
20
(c)
in subsections (3) and (4), omit the words “and search”,
(d)
in subsection (4), for “a search” substitute “entry”,
(e)
in subsection (5), omit the words “and searched” and “and search
them”, and
(f)
omit subsections (8) and (9).
25
Duty to produce evidence of identity
2     (1)
This paragraph applies to a power of entry conferred by section 17(1), 19(2),
22(2), 23(2), 24(2) or 25(2).
      (2)
A person may only exercise a power of entry to which this paragraph applies
if on request—
30
(a)
he produces evidence of his identity and of his entitlement to
exercise the power;
(b)
he outlines the purpose for which the power is exercised.
Power to take persons onto premises
3
In exercising a power to which paragraph 2 applies, a person may take with
35
him onto the premises such persons as he thinks appropriate.
Duty to exercise power of entry at reasonable time
4
Entry under a power to which paragraph 2 applies shall be at a reasonable
time, unless it appears to the person exercising the power that the purpose
for which he is exercising the power would be frustrated on entry at a
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reasonable time.

Animal Welfare Bill
Schedule 2 — Powers of entry, inspection and search: supplementary
37

Power to require assistance
5     (1)
This paragraph applies to a power of entry conferred by—
(a)
section 17(1), 19(2), 22(2), 23(2), 24(2) or 25(2), or
(b)
a warrant under section 17(4), 19(4), 20(1) or 24(4).
      (2)
Where a person enters premises in the exercise of a power of entry to which
5
this paragraph applies, he may require any qualifying person on the
premises to give him such assistance as he may reasonably require for the
purpose for which entry is made.
      (3)
The reference in sub-paragraph (2) to a qualifying person is to—
(a)
the occupier of the premises;
10
(b)
any person who appears to the person exercising the power to be
responsible for animals on the premises;
(c)
any person who appears to the person exercising the power to be
under the direction or control of a person mentioned in paragraph (a)
or (b).
15
      (4)
In the case of a power under section 22(2), the reference in sub-paragraph (2)
to a qualifying person also includes the holder of a licence—
(a)
specifying the premises as premises on which the carrying on of an
activity is authorised, or
(b)
relating to an activity which is being carried on on the premises.
20
Power to take equipment onto premises
6
In exercising a power to which paragraph 5 applies, a person may take with
him such equipment and materials as he thinks appropriate.
Duty to leave premises secured
7
If, in the exercise of a power of entry to which paragraph 5 applies, a person
25
enters premises which are unoccupied, he shall leave them as effectively
secured against entry as he found them.
Functions in connection with inspection and search
8     (1)
This paragraph applies to—
(a)
a power of inspection conferred by section 22(1), 23(1), 24(1) or 25(1),
30
and
(b)
a power of search conferred by a warrant under section 20(1).
      (2)
A person exercising a power to which this paragraph applies may—
(a)
inspect an animal found on the premises;
(b)
inspect any other thing found on the premises, including a document
35
or record (in whatever form it is held);
(c)
carry out a measurement or test (including a measurement or test of
an animal found on the premises);
(d)
take a sample (including a sample from an animal found on the
premises or from any substance on the premises which appears to be
40
intended for use as food for such an animal);
(e)
mark an animal found on the premises for identification purposes;

Animal Welfare Bill
Schedule 2 — Powers of entry, inspection and search: supplementary
38

(f)
remove a carcass found on the premises for the purpose of carrying
out a post-mortem examination on it;
(g)
take copies of a document or record found on the premises (in
whatever form it is held);
(h)
require information stored in an electronic form and accessible from
5
the premises to be produced in a form in which it can be taken away
and in which it is visible and legible or from which it can readily be
produced in a visible and legible form;
(i)
take a photograph of anything on the premises;
(j)
seize and detain or remove anything which the person exercising the
10
power reasonably believes to be evidence of any non-compliance, or
of the commission of any offence, relevant to the purpose for which
the inspection or search is made.
      (3)
A person taken onto premises under paragraph 3 may exercise the power
conferred by sub-paragraph (2) if he is in the company, and under the
15
supervision, of a person exercising a power to which this paragraph applies.
9
A person who takes a sample from an animal pursuant to paragraph 8(2)(d)
shall give a part of the sample, or a similar sample, to any person appearing
to be responsible for the animal, if, before the sample is taken, he is
requested to do so by that person.
20
10    (1)
Paragraph 8(2)(j) does not include power to seize an item which the person
exercising the power has reasonable grounds for believing to be subject to
legal privilege (within the meaning of section 10 of the Police and Criminal
Evidence Act 1984 (c. 60)).
      (2)
A person who seizes anything in exercise of the power under paragraph
25
8(2)(j) shall on request provide a record of the thing seized to a person
showing himself—
(a)
to be the occupier of premises on which it was seized, or
(b)
to have had possession or control of it immediately before its seizure.
      (3)
Subject to sub-paragraph (4), anything which has been seized in the exercise
30
of a power under paragraph 8(2)(j) may be retained so long as is necessary
in all the circumstances and in particular—
(a)
for use as evidence at a trial for a relevant offence, or
(b)
for forensic examination or for investigation in connection with a
relevant offence.
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      (4)
Nothing may be retained for either of the purposes mentioned in sub-
paragraph (3) if a photograph or a copy would be sufficient for that purpose.
11
As soon as reasonably practicable after having exercised a power to which
paragraph 8 applies, the person who exercised the power shall—
(a)
prepare a written report of the inspection or search, and
40
(b)
if requested to do so by the occupier of the premises, give him a copy
of the report.
12    (1)
A person exercising a power of search conferred by a warrant under section
20(1) may (if necessary) use reasonable force in the exercise of powers under
paragraph 8 in connection with the execution of the warrant.
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      (2)
A person carrying out an inspection under section 24(1) on premises which
he is authorised to enter by a warrant under section 24(4) may (if necessary)

Animal Welfare Bill
Schedule 3 — Minor and consequential amendments
39

use reasonable force in the exercise of powers under paragraph 8 in
connection with the inspection.
Offences
13
A person commits an offence if he—
(a)
intentionally obstructs a person in the lawful exercise of a power to
5
which paragraph 5 or 8 applies;
(b)
intentionally obstructs a person in the lawful exercise of a power
conferred by this Schedule;
(c)
fails without reasonable excuse to give any assistance which he is
required to give under paragraph 5.
10
Schedule 3
Section 58

Minor and consequential amendments
Performing Animals (Regulation) Act 1925 (c. 38)
1
In section 4 of the Performing Animals (Regulation) Act 1925 (offences and
legal proceedings), in subsection (2), after “enactment,” insert “or of an
15
offence under any of sections 4 to 9 of the Animal Welfare Act 2005”.
Cinematograph Films (Animals) Act 1937 (c. 59)
2
In section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of
films involving cruelty to animals), in subsection (4), for paragraph (b)
substitute—
20
“(b)
the expression “animal”—
(i)
in relation to England and Wales, means a “protected
animal” within the meaning of the Animal Welfare
Act 2005, and
(ii)
in relation to Scotland, has the same meaning as in the
25
Protection of Animals (Scotland) Act 1912.”
Pet Animals Act 1951 (c. 35)
3
In section 5 of the Pet Animals Act 1951 (offences and disqualifications), in
subsection (3), after “1912,” insert “or of any offence under any of sections 4
to 9 of the Animal Welfare Act 2005,”.
30
Protection of Animals (Amendment) Act 1954 (c. 40)
4     (1)
In the Protection of Animals (Amendment) Act 1954, after section 2 insert—
“2A
Breach of disqualification order
(1)
If a person has custody of any animal in contravention of an order
made under this Act by a court in Scotland, he shall be liable on
35
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks, or
(b)
a fine not exceeding level 3 on the standard scale.