Animal Welfare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
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Making of codes of practice: Wales
(1)
Where the National Assembly for Wales proposes to issue (or revise) a code of
practice under section 12, it shall—
(a)
prepare a draft of the code (or revised code),
(b)
consult such persons about the draft as it thinks fit, and
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(c)
consider any representations made by them.
(2)
The Assembly may issue (or revise) a code either in the form of the draft
prepared under subsection (1)(a) or with such modification as it thinks fit.
(3)
A code (or revised code) shall come into force on such day as the Assembly
may by order appoint.
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(4)
An order under subsection (3) may include transitional provision or savings.
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Revocation of codes of practice
(1)
The appropriate national authority may by order revoke a code of practice
issued by it under section 12.
(2)
An order under subsection (1) may include transitional provision or savings.
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Animals in distress
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Powers in relation to animals in distress
(1)
If an inspector or a constable reasonably believes that a protected animal is
suffering, he may take, or arrange for the taking of, such steps as appear to him
to be immediately necessary to alleviate the animal’s suffering.
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(2)
Subsection (1) does not authorise destruction of an animal.
(3)
If a veterinary surgeon certifies that the condition of a protected animal is such
that it should in its own interests be destroyed, an inspector or a constable
may—
(a)
destroy the animal where it is or take it to another place and destroy it
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there, or
(b)
arrange for the doing of any of the things mentioned in paragraph (a).
(4)
An inspector or a constable may act under subsection (3) without the certificate
of a veterinary surgeon if it appears to him—
(a)
that the condition of the animal is such that there is no reasonable
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alternative to destroying it, and
(b)
that the need for action is such that it is not reasonably practicable to
wait for a veterinary surgeon.
(5)
An inspector or a constable may take a protected animal into possession if a
veterinary surgeon certifies—
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(a)
that it is suffering, or
(b)
that it is likely to suffer if its circumstances do not change.
(6)
An inspector or a constable may act under subsection (5) without the certificate
of a veterinary surgeon if it appears to him—
(a)
that the animal is suffering or that it is likely to do so if its circumstances
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do not change, and

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(b)
that the need for action is such that it is not reasonably practicable to
wait for a veterinary surgeon.
(7)
Where an animal is taken into possession under subsection (5), an inspector or
a constable may—
(a)
remove it, or arrange for it to be removed, to a place of safety;
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(b)
care for it, or arrange for it to be cared for—
(i)
on the premises where it was being kept when it was taken into
possession, or
(ii)
at such other place as he thinks fit;
(c)
mark it, or arrange for it to be marked, for identification purposes.
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(8)
A person acting under subsection (7)(b)(i), or under an arrangement under that
provision, may make use of any equipment on the premises.
(9)
A veterinary surgeon may examine and take samples from an animal for the
purpose of determining whether to issue a certificate under subsection (3) or
(5) with respect to the animal.
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(10)
A person commits an offence if he intentionally obstructs a person in the
exercise of power conferred by this section.
(11)
A magistrates’ court may, on application by a person who incurs expenses in
acting under this section, order that he be reimbursed by such person as it
thinks fit.
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Power of entry for section 16 purposes
(1)
An inspector or a constable may enter premises for the purpose of searching for
a protected animal and of exercising any power under section 16 in relation to
it if he reasonably believes—
(a)
that there is a protected animal on the premises, and
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(b)
that the animal is suffering or, if the circumstances of the animal do not
change, it is likely to suffer.
(2)
Subsection (1) does not authorise entry to any part of premises which is used
as a private dwelling.
(3)
An inspector or a constable may (if necessary) use reasonable force in
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exercising the power conferred by subsection (1), but only if it appears to him
that entry is required before a warrant under subsection (4) can be obtained
and executed.
(4)
Subject to subsection (5), a justice of the peace may, on the application of an
inspector or constable, issue a warrant authorising an inspector or a constable
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to enter premises for the purpose mentioned in subsection (1), if necessary
using reasonable force.
(5)
The power to issue a warrant under subsection (4) is exercisable only if the
justice of the peace is satisfied—
(a)
that there are reasonable grounds for believing that there is a protected
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animal on the premises and that the animal is suffering or is likely to
suffer if its circumstances do not change, and
(b)
that section 46 is satisfied in relation to the premises.

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Orders in relation to animals taken under section 16(5)
(1)
A magistrates’ court may order any of the following in relation to an animal
taken into possession under section 16(5)—
(a)
that specified treatment be administered to the animal;
(b)
that possession of the animal be given up to a specified person;
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(c)
that the animal be sold;
(d)
that the animal be disposed of otherwise than by way of sale;
(e)
that the animal be destroyed.
(2)
An order under subsection (1) may be made on application, by way of
complaint for an order, by—
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(a)
the owner of the animal, or
(b)
any other person appearing to the court to have a sufficient interest in
the animal.
(3)
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
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(b)
it is satisfied that it is not reasonably practicable to communicate with
the owner.
(4)
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;
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(b)
give directions with respect to the carrying out of the order;
(c)
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;
(d)
order a person to reimburse expenses incurred in carrying out the
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order.
(5)
In determining how to exercise its powers under this section, the court shall
have regard, amongst other things, to the desirability of protecting the
animal’s value and avoiding increasing any costs which a person may be
ordered to reimburse.
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(6)
A person commits an offence if he intentionally obstructs a person in the
exercise of any power conferred by virtue of this section.
(7)
If the owner of the animal is subject to a liability by virtue of section 16(11) or
subsection (4)(d) above, any amount to which he is entitled as a result of sale
of the animal may be reduced by an amount equal to that liability.
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Enforcement powers
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Seizure of animals involved in fighting offences
(1)
A constable may seize an animal if it appears to him that the animal has been
the subject of, or used in connection with, an offence under section 7.
(2)
A constable may enter and search premises for the purpose of exercising the
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power under subsection (1) if he reasonably believes—
(a)
that there is an animal on the premises, and
(b)
that the animal is one in relation to which the power under subsection
(1) is exercisable.

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(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling.
(4)
Subject to subsection (5), a justice of the peace may, on the application of a
constable, issue a warrant authorising a constable to enter and search premises,
if necessary using reasonable force, for the purpose of exercising the power
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under subsection (1).
(5)
The power to issue a warrant under subsection (4) is exercisable only if the
justice of the peace satisfied—
(a)
that there are reasonable grounds for believing that there is on the
premises an animal which has been the subject of, or used in connection
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with, an offence under section 7, and
(b)
that section 46 is satisfied in relation to the premises.
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Entry and search under warrant in connection with offences
(1)
Subject to subsection (2), a justice of the peace may, on the application of an
inspector or constable, issue a warrant authorising an inspector or a constable
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to enter premises, if necessary using reasonable force, in order to search for
evidence of the commission of a relevant offence.
(2)
The power to issue a warrant under subection (1) is exercisable only if the
justice of the peace is satisfied—
(a)
that there are reasonable grounds for believing—
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(i)
that a relevant offence has been committed on the premises, or
(ii)
that evidence of the commission of a relevant offence is to be
found on the premises, and
(b)
that section 46 is satisfied in relation to the premises.
(3)
In this section, “relevant offence” means an offence under any of sections 4 to
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8, 11(6) and 30(9).
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Inspection of records required to be kept by holder of licence
(1)
An inspector may require the holder of a licence to produce for inspection any
records which he is required to keep by a condition of the licence.
(2)
Where records which a person is so required to keep are stored in electronic
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form, the power under subsection (1) includes power to require the records to
be made available for inspection—
(a)
in a visible and legible form, or
(b)
in a form from which they can readily be produced in a visible and
legible form.
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(3)
An inspector may inspect and take copies of any records produced for
inspection in pursuance of a requirement under this section.
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Inspection in connection with licences
(1)
An inspector may carry out an inspection in order to check compliance with—
(a)
the conditions subject to which a licence is granted;
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(b)
provision made by or under this Act which is relevant to the carrying
on of an activity to which a licence relates.

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(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter—
(a)
premises specified in a licence as premises on which the carrying on of
an activity is authorised;
(b)
premises on which he reasonably believes an activity to which a licence
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relates is being carried on.
(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling unless 24 hours’ notice of the intended entry is given to
the occupier.
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Inspection in connection with registration
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(1)
An inspector may carry out an inspection in order to check compliance with
provision made by or under this Act which is relevant to the carrying on of an
activity to which a registration for the purposes of section 11 relates.
(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter premises on which he reasonably believes a person
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registered for the purposes of section 11 is carrying on an activity to which the
registration relates.
(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling unless 24 hours’ notice of the intended entry is given to
the occupier.
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Inspection of farm premises
(1)
An inspector may carry out an inspection in order to—
(a)
check compliance with regulations under section 10 which relate to
animals bred or kept for farming purposes;
(b)
ascertain whether any offence under or by virtue of this Act has been or
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is being committed in relation to such animals.
(2)
An inspector may enter premises which he reasonably believes to be premises
on which animals are bred or kept for farming purposes in order to carry out
an inspection under subsection (1).
(3)
Subsection (2) does not authorise entry to any part of premises which is used
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as a private dwelling.
(4)
Subject to subsection (5), a justice of the peace may, on the application of an
inspector, issue a warrant authorising an inspector to enter premises, if
necessary using reasonable force, in order to carry out an inspection under
subsection (1).
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(5)
The power to issue a warrant under subsection (4) is exercisable only if the
justice of the peace is satisfied—
(a)
that it is reasonable to carry out an inspection on the premises, and
(b)
that section 46 is satisfied in relation to the premises.
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Inspection relating to Community obligations
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(1)
An inspector may carry out an inspection in order to check compliance with
regulations under section 10 which implement a Community obligation.

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(2)
An inspector may enter any premises in order to carry out an inspection under
subsection (1).
(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling.
Prosecutions
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Power of local authority to prosecute offences
A local authority in England or Wales may prosecute proceedings for any
offence under this Act.
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Time limits for prosecutions
(1)
Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980
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(c. 43), a magistrates’ court may try an information relating to an offence under
this Act if the information is laid—
(a)
before the end of the period of three years beginning with the date of
the commission of the offence, and
(b)
before the end of the period of six months beginning with the date on
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which evidence which the prosecutor thinks is sufficient to justify the
proceedings comes to his knowledge.
(2)
For the purposes of subsection (1)(b)—
(a)
a certificate signed by or on behalf of the prosecutor and stating the
date on which such evidence came to his knowledge shall be conclusive
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evidence of that fact, and
(b)
a certificate stating that matter and purporting to be so signed shall be
treated as so signed unless the contrary is proved.
Post-conviction powers
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Imprisonment or fine
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(1)
A person guilty of an offence under any of sections 4 to 7 shall be liable on
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks, or
(b)
a fine not exceeding £20,000,

or to both.
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(2)
A person guilty of an offence under section 8, 11(6) or 30(9) shall be liable on
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks, or
(b)
a fine not exceeding level 5 on the standard scale,

or to both.
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(3)
A person guilty of an offence under regulations under section 10 or 11 shall be
liable on summary conviction to such penalty by way of imprisonment or fine
as may be provided by regulations under that section.
(4)
A person guilty of any other offence under this Act shall be liable on summary
conviction to—
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(a)
imprisonment for a term not exceeding 51 weeks, or
(b)
a fine not exceeding level 4 on the standard scale,

or to both.
(5)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44), the reference in each of subsections
5
(1)(a), (2)(a) and (4)(a) to 51 weeks is to be read as a reference to 6 months.
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Deprivation
(1)
If the person convicted of an offence under any of sections 4 to 8 is the owner
of an animal in relation to which the offence was committed, the court by or
before which he is convicted may, instead of or in addition to dealing with him
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in any other way, make an order depriving him of ownership of the animal and
for its disposal.
(2)
Where the owner of an animal is convicted of an offence under section 30(9)
because ownership of the animal is in breach of a disqualification under section
30(2), the court by or before which he is convicted may, instead of or in
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addition to dealing with him in any other way, make an order depriving him
of ownership of the animal and for its disposal.
(3)
Where the animal in respect of which an order under this section is made has
any dependent offspring, the order may include provision depriving the
person to whom it relates of ownership of the offspring and for its disposal.
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(4)
Where a court makes an order under this section, it may—
(a)
appoint a person to carry out, or arrange for the carrying out of, the
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;
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(c)
give directions with respect to the carrying out of the order;
(d)
confer additional powers (including power to enter premises where an
animal to which the order applies is being kept) for the purpose of, or
in connection with, the carrying out of the order.
(5)
Directions under subsection (4)(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 (4)(a).
(6)
Where a court decides not to make an order under this section 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.
(7)
Subsection (6) does not apply where the court makes an order under section
30(1) in relation to the offender.
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(8)
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
took part in an animal fight in relation to which the offence was committed.
(9)
In this section, references to disposing of an animal include destroying it.