S.C.A.
NOTICES OF AMENDMENTS
given up to and including
Friday 13th January 2006
New Amendments handed in are marked thus *
STANDING COMMITTEE A
ANIMAL WELFARE BILL
Mr Ben Bradshaw
To move, That the Bill be considered in the following order, namely, Clauses 1 to 11; Schedule 1; Clauses 12 to 47; Schedule 2; Clauses 48 to 58; Schedule 3; Clause 59; Schedule 4; Clauses 60 to 63; new Clauses; new Schedules; remaining proceedings on the Bill.
Bill Wiggin
102
Clause 1, page 1, line 3, leave out ', except subsections (4) and (5), "animal means' and insert '"animal" means a vertebrate, cephalopods or a crustacean.'.
Norman Baker
Greg Mulholland
1
Clause 1, page 1, line 3, after 'means', insert 'a cephalopod or'.
Norman Baker
Greg Mulholland
2
Clause 1, page 1, line 3, after 'means', insert 'a cephalopod or a decapod crustacean.'.
Mr David Drew
190
Clause 1, page 1, line 4, at end insert 'and an invertebrate of the class Cephalapoda.'.
Bill Wiggin
103
Clause 1, page 1, line 7, leave out subsections (3) to (5).
Bill Wiggin
104
Clause 1, page 1, line 7, leave out 'The appropriate national authority' and insert 'The Secretary of State'.
Norman Baker
Greg Mulholland
3
Clause 1, page 1, line 21, after 'Chordata', insert ', "cephalopod" means any member of the class Cephalopoda'.
Norman Baker
Greg Mulholland
4
Clause 1, page 1, line 22, after 'Chordata', insert ', "decapod crustacean" means any member of the order Decapoda'.
Bill Wiggin
105
Clause 2, page 2, line 5, leave out 'or' and insert 'and'.
Bill Wiggin
106
Clause 2, page 2, line 6, at end add—
'(2) In this section, "temporary basis" means an occasion when the care of and responsibility for a "protected animal" passes from one person, or persons, to another person, or persons, by mutual consent.'.
Bill Wiggin
107
Clause 2, page 2, line 6, at end add—
'(2) In this section, "wild state" includes animals which—
| (a) | usually live independently from man in local habitats, |
| (b) | have been released from the control of man, |
| (c) | are no longer dependent on man to satisfy their welfare needs, |
| (d) | can come and go of their own accord, or |
| (e) | are "wild animals" that fulfil the criteria in this subsection and have been captured in the interests of animals control.'. |
Bill Wiggin
108
Clause 3, page 2, line 9, leave out 'responsible' and insert 'who has accepted responsibility'.
Bill Wiggin
109
Clause 3, page 2, line 9, after 'animal', insert '(and any offspring that animal may subsequently have)'.
Bill Wiggin
110
Clause 3, page 2, line 13, at end insert 'and any offspring that that animal may produce'.
Bill Wiggin
111
Clause 3, page 2, line 13, at end insert ', except when responsibility for an animal has been passed onto another person on a temporary basis.'.
Bill Wiggin
92
Clause 3, page 2, line 16, at end add—
'(5) For the purposes of this Act, in the event of a person unlawfully taking possession of an animal, he will be treated as being responsible for that animal on a temporary basis, until such time as that the animal is recovered by its lawful owner.'.
Norman Baker
Greg Mulholland
5
Clause 4, page 2, line 20, after 'suffer', insert 'whether physically or mentally'.
Bill Wiggin
93
Clause 4, page 2, line 20, at end insert 'and'.
Bill Wiggin
94
Clause 4, page 2, line 26, at end insert 'and'.
Bill Wiggin
96
Clause 4, page 2, line 26, at end insert 'as the owner or on a temporary basis,'.
Bill Wiggin
95
Clause 4, page 2, line 27, at end insert 'and'.
Norman Baker
Greg Mulholland
6
Clause 4, page 2, line 41, leave out ', property'.
Mr David Drew
191
Clause 4, page 3, line 1, leave out paragraph (d).
Mr Philip Hollobone
200
Clause 4, page 3, line 2, at end insert—
| '(da) | whether the suffering was caused in the furtherance of any commercial activity;'. |
Bill Wiggin
97
Clause 4, page 3, line 4, at end insert—
'(3A) In this section, the term "suffering" includes both mental and physical suffering or cruelty.'.
Bill Wiggin
98
Clause 4, page 3, line 4, at end insert—
'(3A) For the purposes of this section, an act of abandonment shall be considered to be a form of unnecessary suffering.
(3B) In this section, "abandonment" is to mean when an animal protected under this Act is, without lawful reason or excuse, deliberately discharged from the control of man without any future provisions for care being established.'.
Bill Wiggin
99
Clause 4, page 3, line 6, at end add—
'(4A) Nothing in this section applies to the destruction of an animal for the benefit of another animal in a manner not dissimilar to that which could be witnessed in the wild.'.
Bill Wiggin
Mr David Drew
161
Clause 4, page 3, line 6, at end insert—
'(5) In this section, "suffering" includes mental and physical suffering, and "suffer" is to be construed accordingly.'.
Bill Wiggin
100
Clause 5, page 3, line 10, at end insert 'unless he is a veterinary surgeon registered to perform that procedure.'.
Bill Wiggin
101
Clause 5, page 3, line 20, at end insert 'carried out by a registered veterinary surgeon.'.
Bill Wiggin
82
Clause 5, page 3, line 20, at end insert—
'(3A) For the purposes of this section, any procedure carried out on an animal as part of a medical treatment by a registered veterinary surgeon prior to the commencement of this Act cannot be prohibited through the making of regulations under subsection (4).'.
Bill Wiggin
Mr David Drew
162
Clause 5, page 3, line 21, after 'apply', insert—
| '(a) | to the docking of the tail of a dog; |
| (b) | to the amputation of the dew claws of a dog; and |
Anne Snelgrove
Mr David Drew
152
Clause 5, page 3, line 22, at end insert '; but the docking of the tail of a dog may be so specified only in respect of circumstances where a veterinary surgeon certifies that the procedure is necessary in the therapeutic interests of that dog.'.
Bill Wiggin
160
Clause 5, page 3, line 22, at end insert—
'(4A) Subsections (1) and (2) do not apply in such circumstances as mutilations lawful prior to the commencement of this Act may be required, for the purpose of lawful activity, for the benefit, safety and welfare of the animal.'.
Bill Wiggin
83
Clause 5, page 3, line 25, leave out 'as the authority considers appropriate' and insert 'and make available the evidence provided'.
Norman Baker
Greg Mulholland
7
Clause 5, page 3, line 25, at end add—
'(6) Regulations made under subsection (4) shall not include the amputation of any part of a dog's tail except for the purpose of treating existing injury or disease.'.
Norman Baker
Greg Mulholland
8
Clause 5, page 3, line 25, at end add—
'(6) Regulations made under subsection (4) shall not have the effect of permitting the fitting to game birds of masks, or other attachments that pierce the nasal septum.'.
Bill Wiggin
84
Clause 5, page 3, line 25, at end add—
'(6) This section does not affect the right of an owner to mark appropriately his animal for identification purposes, but does enable appropriate regulations to be made under subsection (4).'.
Bill Wiggin
Mr David Drew
163
Clause 5, page 3, line 25, at end add—
'(6) In subsection (4) "docking of the tail of a dog" means the deliberate removal of any part of the tail of a dog if the removal is carried out
| (a) | by a veterinary surgeon; and |
| (b) | on a dog which is less than 10 days old.'. |
