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

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Recordings of prohibited conduct

   

Bill Wiggin

NC5

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.'.


Electric devices

   

Bill Wiggin

NC6

To move the following Clause:—

    '(1)   A person commits an offence if he uses to control an animal any intrument which is capable of inflicting an electric shock, or applying an electric current, to an animal unless prescribed by a vet.

    (2)   A person commits an offence if he sells an instrument which is—

      (a) capable of inflicting an electric shock, or of applying an electric current, to an animal, and

      (b) adapted or intended for use in controlling an animal.

    (3)   In this section, "instrument" does not include an electric fence, but does include an instrument used, or adapted or intended for use, in conjunction with an electric fence.

    (4)   For the purposes of this section, "selling" an instrument includes offering or exposing it for sale.'.


Entry for purposes of arrest

   

Mr Ben Bradshaw

NC7

To move the following Clause:—

    'In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (c.60) (power of constable to enter and search premises for purpose of arresting a person for offence under specified enactments), at end insert—

          "(v) any of sections 4 to 7 of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);".'.


Non-domestic animals in circuses

   

Shona McIsaac

NC8

To move the following Clause:—

    '(1)   A person commits an offence if he uses or keeps a wild animal for the purposes of a circus.

    (2)   A animal is a "wild animal" for the purposes of section (1) if it is—

      (a) of a species not commonly domesticated in the British Islands (whether because the species is not domesticated in the British Islands at all, because limited time has elapsed since the species was introduced to the British Islands, because it is present only in limited numbers, or otherwise),

      (b) of a species commonly domesticated in the British Islands but of a breed not so domesticated (whether because the breed is not domesticated in the British Islands at all, because limited time has elapsed since the breed was introduced to the British Islands, because it is present only in limited numbers, or otherwise) or

      (c) of a kind designated by regulations under subsection (3).

    (3)   The appropriate national authority shall by regulations designate a kind of animal for the purposes of subsection (2)(c) if it appears to that authority, on the basis of scientific evidence, that the welfare needs of animals of that kind are unlikely generally to be met if they are used or kept for the purposes of a circus.

    (4)   A person commits an offence if he acquires for the purposes of a circus an animal which—

      (a) is not a wild animal, but

      (b) is of a kind which, at the time of acquisition, is not commonly used or kept in the British Islands for the purposes of a circus,

    unless it is of a kind designated by regulations under subsection (5).

    (5)   The appropriate national authority may by regulations designate a kind of animal for the purposes of subsection (4) if it appears to that authority, on the basis of scientific evidence, that the welfare needs of animals of that kind are likely generally to be met if they are used or kept for the purposes of a circus.

    (6)   For the purpose of ensuring the welfare of animals to which subsection (1) applies and which have been used or kept for the purposes of a circus, the appropriate national authority may by regulations apply in relation to such animals—

      (a) subsections (2) to (11) of section 16E of the Zoo Licensing Act 1981 (c. 37) ("the 1981 Act") (obligations of zoo operator on closure of zoo); and accordingly

      (b) sections 16F (power of local authority to dispose of animals), 16G (powers of entry) and 19(3D) to (3F), (4) and (5) (offences and penalties) of the 1981 Act,

    with such modifications as the appropriate national authority considers appropriate.

    (7)   In this section "circus" means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place.'.


Circus animals

   

Shona McIsaac
Mr David Drew

NC9

To move the following Clause:—

    '(1)   No person shall carry on the activity of training, keeping or using an animal for the purposes of, or as part of, a circus

    (2)   A person commits an offence if he contravenes subsection (1).'.


Greyhounds

   

Mr Philip Hollobone

NC10

To move the following Clause:—

    'The appropriate national authority shall make regulations under section 10 to introduce licensing of all racing greyhound tracks within two years of the day on which this Act is passed.'.


Transfer of animal by way of prize to any person

   

Mr David Drew

NC11

To move the following Clause:—

    '(1)   A person commits an offence if he enters into an arrangement with a person where that person has the chance to win an animal as a prize.

    (2)   For the purposes of subsection (1), entering into an arrangement includes selling or transferring, or agreeing to sell or transfer, ownership of the animal in consideration of entry by the transferee into another transaction.'.


Sale of dogs

   

Mr David Drew

NC12

To move the following Clause:—

    '(1)   A person commits an offence if he exposes, offers or displays for sale or supply or sells or supplies a dog in the course of a business at premises other than—

      (a) a dwelling;

      (b) a licensed breeding establishment or a licensed Scottish rearing establishment within the meaning of section 8 of the Breedings and Sale of Dogs (Welfare) Act 1999 (sale of dogs).

    (2)   A person commits an offence if in the course of a business he sells a dog which is less than eight weeks old.'.


Electric collars

   

Mr David Drew

NC13

To move the following Clause:—

    '(1)   A person commits an offence if—

      (a) he attaches an electric collar to an animal if he knows it to be an electric collar; or

      (b) he knowingly uses or permits the use of any electric collar or similar device on any animal.

    (2)   A person commits an offence if he has in his possession or under his control, or offers, exposes, or advertises for sale or supply, or sells or supplies, any electric collar or similar device designed or intended for use on any animal.

    (3)   In this section, "electric collar" means any collar or any other device which is made, designed or adapted to transmit electric current or other electric impulse to cause shock, pain or other stimulus to an animal wearing, or otherwise in contact with, the collar or device.'.


Snares

   

Mr David Drew

NC14

To move the following Clause:—

    '(1)   Section 11 of the Wildlife and Countryside Act 1981 (c. 69) ("the 1981 Act") is amended.

    (2)   In subsection (1)(a)—

      (a) after "position" insert "or otherwise uses";

      (b) the words "self-locking" are repealed;

      (c) the words from "which" to the end of the paragraph are repealed.

    (3)   In subsection (1)(b), the words from the second "any" to "aforesaid," are repealed.

    (4)   In subsection (2)(a), for the words "or snare" substitute "(but not a snare)".

    (5)   After subsection (2) insert—

          "(2A)   Subject to the provisions of this Part, any person who—

          (a) manufactures;

          (b) is in possession of; or

          (c) supplies, or offers or exposes for supply, whether by way of sale or otherwise,

        a snare shall be guilty of an offence.".

    (6)   Subsection (3) is repealed.

    (7)   In section 16(3) of the 1981 Act, after "11(1)" insert "(b), (c) and (except so far as relating to paragraph (a)) (d).".'.


ORDER OF THE HOUSE [10th JANUARY 2006]

That the following provisions shall apply to the Animal Welfare Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 26th January 2006.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
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Prepared 17 Jan 2006