Amendments proposed to the Animal Welfare Bill - continued House of Commons

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Bill Wiggin


Clause     59,     page     30,     line     32,     after 'repealed', insert 'or revoked'.


Bill Wiggin


Schedule     4,     page     42,     line     27,     at end insert—

'(1) Enactments'.

Mr Ben Bradshaw


Schedule     4,     page     43,     line     2,     column (2), leave out '"docking"' and insert '"nicking"'.


Mr Ben Bradshaw


Schedule     4,     page     43,     line     4,     column (2), leave out 'Section' and insert 'Sections 2 and'.


Bill Wiggin


Schedule     4,     page     43,     line     37,     at end add—

'(2) Instruments
Title and NumberExtent of revocation
Welfare of Animals (Slaughter or Killing) Regulations 1995 (S.I. 1995/731)In paragraph 11 of Schedule 3, the words from ", except that" to "hindquarters".

In paragraph 8(c) of Schedule 4, the words "except in accordance with paragraph 11 of Schedule 3,".'.


Mr Ben Bradshaw


Clause     60,     page     30,     line     35,     leave out subsection (1).


Norman Baker
Greg Mulholland


Clause     62,     page     32,     line     5,     after 'appoint', insert 'within 3 years following the passage of this Act'.


Norman Baker
Greg Mulholland


Clause     62,     page     32,     line     8,     at end insert 'within 3 years following the passage of this Act'.


Prohibition on keeping certain animals


Norman Baker
Greg Mulholland
Mr David Drew


To move the following Clause:—

    '(1)   The appropriate national authority may by regulations prohibit the keeping at—

      (a) domestic premises, or

      (b) other premises,

    of primates.

    (2)   For the purposes of subsection (1) "other premises" means premises of such other type as are prescribed.

    (3)   Any regulation made under subsection (1) must be for the purposes of securing the welfare of primates.

    (4)   Regulations made under subsection (1) may include, in particular—

      (a) provision for the enforcement, other than by way of proceedings for an offence, of the regulations;

      (b) provision—

      (i) that breach of any part of the regulations is an offence, and

      (ii) for penalties as respects the offence;

      (c) provision for and in connection with post-conviction orders in relation to an offence under the regulations;

      (d) provision conferring on persons of a specified description powers of entry, search, inspection and seizure in connection with breaches (and suspected breaches) of provisions of the regulations;

      (e) provision—

      (i) that obstructing a person in the exercise of a power conferred by the regulations is an offence, and

      (ii) for penalties as respects the offence;

      (f) provision (whether or not subject to specified conditions) for exemptions from, or qualification to, an offence under the regulations.

    (5)   Before making regulations under subsection (1), the appropriate national authority must consult—

      (a) such persons appearing to them to represent relevant interests, and

      (b) such other persons as they consider appropriate.'.

Pet fairs


Norman Baker
Greg Mulholland


To move the following Clause:—

    '(1)   A person commits an offence if he sells an animal in the course of or in connection with a pet fair.

    (2)   A person commits an offence if he arranges an animal fair or knowingly participates in making, or carrying out, arrangements for a pet fair.

    (3)   In this section, "pet fair" means an event—

      (a) which is open to the public (whether on payment or otherwise),

      (b) at which animals are sold (or which is held with a view to the sale of animals) as pets, and

      (c) where any such sale is made (or is to be made) in the course of a business.

    (4)   Where a business consists wholly or mainly of the keeping or selling of animals, an event held in the ordinary course of that business at premises ordinarily occupied for the purposes of that business shall not constitute a pet fair.

    (5)   For the purposes of this section—

      (a) "selling" an animal includes—

      (i) offering or exposing it for sale,

      (ii) exchanging it, or offering or exposing it for exchange, and

      (iii) transferring, or agreeing to transfer, ownership of it in consideration of entry by the transferee into another transaction;

      (b) the sale of an animal "as a pet" includes its sale for private captivity or private husbandry, but does not include its sale for any purpose relating to agriculture.'.

Statutory improvement notices


Bill Wiggin


To move the following Clause:—

    '(1)   The appropriate authority may, in lieu of deciding to prosecute or through the use of discretion, issue a person violating any part of this Act with a Statutory Improvement Notice complete with the reasons for the issuing of such a notice and suggestions on how to fulfil the requirements of the notice.

    (2)   The Statutory Improvement Notice issued under subsection (1) shall require the person to which it is issued to make appropriate changes to ensure the welfare of animals which are in their care.

    (3)   Under subsection (1), the "appropriate authority" includes—

      (a) local authorities,

      (b) the police, and

      (c) the courts.

    (4)   Under subsection (1), the "appropriate authority" does not include—

      (a) private individuals,

      (b) government agencies,

      (c) non-governmental organisations, and

      (d) registered charities.

    (5)   Statutory improvement notices issued under subsection (1) can only be valid for a term not exceeding 51 weeks after the date of issue.

    (6)   Having issued a statutory improvement notice to a person under subsection (1), the appropriate authority under subsection (3) must offer that person reasonable help in meeting the requirements of that notice.

    (7)   Nothing in this section prejudices persons or organisations not mentioned in subsection (3) from offering advice to others regarding animal welfare.

    (8)   Persons issued with a statutory improvement notice under subsection (1) will have 28 days to accept the notice or risk being prosecuted.'.

UK animal welfare enforcement database


Bill Wiggin


To move the following Clause:—

    '(1)   The Secretary of State may, by regulation, establish a UK Animal Welfare Enforcement Database to assist the enforcement of this Act.

    (2)   A UK Animal Welfare Enforcement Database established under this section shall contain only the following information—

      (a) details relating exclusively to registration and licensing schemes under section 11,

      (b) details relating to persons convicted under this Act, and

      (c) details of the relevant experts and specialists that those persons responsible for the enforcement of this Act may wish to consult.

    (3)   The details contained within subsection (2)(a) and subsection (2)(b) shall only be amended by and accessible to—

      (a) the police,

      (b) the courts,

      (c) local authorities,

      (d) the Secretary of State,

      (e) the Crown Prosecution Service,

      (f) in Scotland, the Crown Office, and

      (g) in Northern Ireland, the Public Prosecution Service for Northern Ireland.

    (4)   Those persons who have access under subsection (3) shall not disclose such information to any persons during the course of an investigation other than those under subsection (3) that may be necessary to disclose to during the course of such an investigation.

    (5)   The UK Animal Welfare Enforcement Database shall conform with all the requirements of the Data Protection Act 1998.

    (6)   Before making regulations under subsection (1), the Secretary of State shall seek to consult publicly with all interested parties and make available the details of the evidence given.

    (7)   After the consultation procedure in subsection (6), the UK Animal Welfare Enforcement Database shall not be established unless a draft of the instrument containing the provisions for establishing the UK Animal Welfare Enforcement Database has been laid before, and approved by a resolution of, each House of Parliament.'.

Recordings of prohibited conduct


Bill Wiggin


To move the following Clause:—

    '(1)   A person comits an offence if, without lawful authority or excuse, he—

      (a) makes a recording of prohibited conduct;

      (b) has in his possession or distributes—

      (i) a recording of prohibited conduct,

      (ii) a copy of such a recording, or

      (iii) material from such a recording; or

      (c) publishes material from a recording of prohibited conduct.

    (2)   For the purposes of subsection (1)(b) and (c), "prohibited conduct" means—

      (a) conduct, wherever it takes place, which contravenes (or would if taking place in England and Wales contravene) section 4(1);

      (b) a prohibited procedure within the meaning of section 5(3), wherever carried out, other than in circumstances specified in regulations made under section 5(4) as regards section 5(1);

      (c) an animal fight within the meaning of section 7(3), wherever it takes place; or

      (d) an act, wherever it takes place, which contravenes (or would if taking place in England and Wales contravene) section 69(1) or (2) of the Sexual Offences Act 2003 (intercourse with an animal).

    (3)   For the purposes of subsection (1)(a), "prohibited conduct" means conduct specified in subsection (2)(a) to (d) which takes place in England and Wales.

    (4)   A person who has matter in his possession through his use of a computer in England and Wales commits an offence under subsection (1)(b) notwithstanding that the matter in question is received from a computer outside England and Wales.'.

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Prepared 13 Jan 2006