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| Thursday 19th January 2006 |
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| [THIRD AND FOURTH Sittings]
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| Clause 7, page 4, line 3, after ‘arranges’, insert ‘or knowingly publicises’. |
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| Clause 7, page 4, line 3, at end insert— |
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| | ‘(aa) | distributes promotional material for an animal fight; |
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| | (ab) | willingly accepts promotional material for an animal fight;’. |
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| Clause 7, page 4, line 4, leave out from ‘for’ to end of line 5 and insert ‘the fighting |
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| Clause 7, page 4, line 5, at end insert— |
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| | ‘(ba) | knowingly participates in the publicising of an animal fight;’. |
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| Clause 7, page 4, line 9, at end insert— |
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| | ‘(e) | receives money for admission to a place which is being used for an |
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| Clause 7, page 4, line 9, at end insert— |
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| | ‘(e) | keeps or trains an animal for the purpose of an animal fight.’. |
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| Clause 7, page 4, line 9, at end insert— |
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| | ‘(e) | has in his possession anything capable of being used in connection with |
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| | an animal fight with a view to its being so used.’. |
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| Clause 7, page 4, line 10, leave out ‘he is present at an animal fight’ and insert— |
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| | (a) | present at an animal fight, or at an activity where there is a reasonable |
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| | likelihood of such a fight taking place; |
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| | (b) | makes a recording of an animal fight; |
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| | (c) | has in his possession or distributes— |
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| | (i) | a recording of an animal fight |
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| | (ii) | a copy of such a recording, or |
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| | (iii) | material from such a recording; or |
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| | (d) | publishes material from a recording of an animal fight.’. |
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| Clause 7, page 4, line 10, leave out ‘he is present at an animal fight’ and insert— |
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| | ‘(a) | he is present at an animal fight; |
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| | (b) | he makes a recording of an animal fight; |
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| | (c) | he has in his possession or distributes— |
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| | (i) | a recording of an animal fight, |
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| | (ii) | a copy of such a recording, or |
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| | (iii) | material from such a recording; or |
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| | (d) | publishes material from a recording of an animal fight.’. |
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| Clause 7, page 4, line 11, at end insert— |
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| | ‘(2A) | A person commits an offence if, without lawful authority or excuse, he— |
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| | (a) | produces a visual record of an animal fight, |
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| | (b) | is in possession of a visual record of an animal fight, or |
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| | (c) | distributes a visual record of an animal fight.’. |
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| Clause 7, page 4, line 12, leave out from ‘which’ to first ‘with’ in line 13 and insert |
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| ‘the fighting of animals takes place.’. |
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| Clause 7, page 4, line 14, at end add ‘and “recording” means a record from which |
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| visual images or sounds may, by any means, be reproduced.’. |
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| Clause 7, page 4, line 14, at end add— |
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| | ‘(4) | For the purposes of this section “recording” means a record from which visual |
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| | images or sounds may, by any means, be reproduced.’. |
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| Clause 7, page 4, line 14, at end add— |
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| | ‘(4) | In subsection (3), “the fighting of animals” means the placing of a protected |
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| Clause 8, page 4, line 17, leave out ‘in all the circumstances’. |
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| Clause 8, page 4, line 19, leave out ‘the extent required by good practice’ and insert |
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| Clause 8, page 4, line 19, leave out ‘the extent required by good practice’ and insert |
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| Clause 8, page 4, line 20, after ‘needs’, insert ‘, regardless of the circumstances in |
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| Clause 8, page 4, line 21, leave out ‘a suitable environment’ and insert ‘an |
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| adequate and comfortable living space’. |
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| Clause 8, page 4, line 26, leave out subsection (3). |
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| Clause 8, page 4, line 28, leave out paragraphs (a) and (b) and insert ‘, an animal’s |
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| environment and circumstances.’. |
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| Clause 8, page 4, line 29, at end insert— |
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| | ‘(3A) | If an animal has been abandoned, any person who immediately before that time |
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| | was a keeper of the animal shall continue to be a keeper of the animal for the |
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| | purpose of this section until another person becomes keeper of it.’. |
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| Clause 9, page 4, line 32, leave out ‘or prize’. |
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| Clause 9, page 4, line 38, leave out subsections (3) to (6) and insert— |
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| | ‘(2A) | A person commits an offence if he offers or gives an animal to another person as |
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| | (2B) | A person does not commit an offence under subsection (2A) where the prize is |
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| | offered or given in a family context.’. |
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| Clause 9, page 4, line 38, leave out subsection (3). |
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| Clause 9, page 5, line 1, leave out subsection (4). |
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| Clause 9, page 5, line 6, at end insert ‘and who has responsibility for that person.’. |
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| Clause 9, page 5, line 7, leave out subsection (5). |
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| Clause 9, page 5, line 13, leave out subsection (6). |
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| Clause 10, page 5, line 16, leave out from ‘The’ to ‘thinks’ in line 17 and insert |
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| ‘Secretary of State may by regulation make such provision as he’. |
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| Clause 10, page 5, line 18, at end insert— |
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| | ‘(1A) | Provisions promoting the welfare of animals under subsection (1) may only be |
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| | made if the appropriate national authority is satisfied, on the basis of public |
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| | scientific evidence, that those provisions are in fact necessary to promote such |
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| Clause 10, page 5, line 22, at end insert— |
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| | ‘(aa) | make provision for the specification of certain training methods and |
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| | devices to be used in the training of animals,’. |
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| Clause 10, page 5, line 22, at end insert— |
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| | ‘(aa) | make provision for prohibiting the keeping of primates (including |
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| | provision making exception from a prohibition);’. |
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| Clause 10, page 5, line 22, at end insert— |
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| | ‘(aa) | make provision imposing prohibitions (including provision making |
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| | exception from a prohibition);’. |
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| Clause 10, page 5, line 22, at end insert— |
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| | ‘(aa) | make provision for licensing when or under what circumstances it is |
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| | permissible to release game birds and wild fowl into the wild;’. |
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| Clause 10, page 5, line 23, leave out paragraph (b). |
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| Clause 10, page 5, line 26, leave out ‘establishment’ and insert ‘appointment’. |
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| Clause 10, page 5, line 26, after ‘more’, insert ‘independent, expert’. |
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| Clause 10, page 5, line 27, after ‘to’, insert ‘scientific’. |
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| Clause 10, page 5, line 27, at end insert— |
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| | ‘(2A) | Regulations made under subsection (2) may not be designed to empower non- |
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| | governmental organisations to the extent whereby such organisations’ powers |
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| | extend into both animal welfare promotion and initiating animal welfare |
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| Clause 10, page 5, line 27, at end insert— |
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| | ‘(d) | make provision to enable a person who has an abandoned animal in their |
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| | care to seek an order from the courts establishing legal ownership of the |
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| Clause 10, page 5, line 27, at end insert— |
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| | ‘(d) | make provision regarding the treatment of animals which have been |
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| | abandoned, including power to authorise that such animals be taken into |
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| | possession by a local authority or a body with functions relating to the |
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| | (e) | make provision for prohibiting the keeping of animals of a specified kind |
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| | in specified circumstances; |
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| | (f) | make provision for prohibiting the use of animals of a specified kind for |
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| | (g) | make provision that where an authorised person considers that animals |
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| | are being kept in a way which is likely to cause unnecessary pain, |
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| | suffering or injury, or in which their needs are not being met in |
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| | contravention of section 8, he may serve a notice on the person appearing |
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| | to him to be in charge of, or responsible for, the animals requiring that |
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| | person, within the period stated in the notice, to take any action that the |
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| | authorised person considers to be reasonably necessary to ensure |
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| | compliance with the provisions of this Act and the authorised person |
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| | shall give his reasons for requiring that action to be taken.
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| | In this paragraph “an authorised person” means a person authorised by |
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| | the Secretary of State or by the local authority.’. |
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| Clause 10, page 5, line 27, at end insert— |
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| | ‘(2A) | Regulations made under subsection (1), in reference to subsection (2)(a), shall |
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| | include the requirement for the provision of approved information leaflets about |
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| | the animal and its needs to those buying pet animals from commercial vendors.’. |
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| Clause 10, page 5, line 27, at end insert— |
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| | ‘(2A) | Regulations made under subsection (1), in reference to subsection (2)(a), shall |
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| | include the requirement for pet vendors to issue a document declaring pet |
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| | ownership, to be signed by vendor and buyer to be issued upon the purchase of |
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| | an animal and with a copy to be retained by the seller for a period of 6 months.’. |
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| Clause 10, page 5, line 45, at end insert— |
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| | ‘(6) | The appropriate national authority shall make regulations only when it is apparent |
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| | (a) | any existing voluntary regulations are not effectively safeguarding |
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| | animal welfare consistently, or |
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| | (b) | attempts to establish a voluntary set of regulations to safeguard animal |
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| [Adjourned till Thursday next at 10.30 a.m. |
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