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

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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).".'.


Welfare of gamebird laying stock

   

Paddy Tipping

NC15

To move the following Clause:—

    '(1)   The person responsible for an animal to which this section applies commits an offence if the animal is kept otherwise than in accordance with this section.

    (2)   An enclosure in which any pheasant is kept for the purpose of producing eggs must be of a kind which provides a minimum of one square metre of floor surface area per bird.

    (3)   Pheasants shall only be kept in a laying pen described in subsection (2) for up to a maximum of six months in any one year.

    (4)   After the laying period, pheasants which are not released into the wild must be moved to a separate enclosure which provides a minimum floor surface area of two square metres per bird.

    (5)   An enclosure in which any partridge is kept for the purpose of producing eggs must—

      (a) be of a kind traditionally used for the keeping of partridges (commonly known as a partridge box), and

      (b) provide a floor surface area of no less than 0.55 square metres per bird.

    (6)   Partridges shall only be kept in a box as described in subsection (5) for a maximum of six months in any one year.

    (7)   After the laying period, partridges which are not released into the wild must be moved to a separate enclosure which provides a minimum floor surface area of one square metre per bird.'.


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.


ORDER OF THE COMMITTEE [17th JANUARY 2006]

That—

    (1)   during the proceedings on the Animal Welfare Bill the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 17th January) meet —

      (a) at 4.00 p.m. on Tuesday 17th January;

      (b) at 9.00 a.m. and 1.00 p.m. on Thursday 19th January;

      (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 24th January; and

      (d) at 9.00 a.m. and 1.00 p.m. on Thursday 26th January.

    (2)   the proceedings shall be taken in the following order: 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;

    (3)   the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 26th January.


 
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Prepared 24 Jan 2006