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| | Tuesday 24th January 2006 |
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| | [FIFTH AND SIXTH Sittings]
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| | Clause 11, page 6, line 5, leave out ‘and registration’. |
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| | Clause 11, page 6, line 6, leave out ‘or registration’. |
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| | Clause 11, page 6, line 8, at end insert— |
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| | | ‘(1A) | A licence shall be required in all circumstances where an animal is used in a |
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| | Clause 11, page 6, line 13, leave out subsections (3) and (4). |
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| | Clause 11, page 6, line 22, leave out ‘or (3)’. |
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| | Clause 11, page 6, line 24, leave out ‘or registration’. |
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| | Schedule 1, page 33, line 24, leave out ‘3 years’ and insert ‘12 months’. |
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| | Clause 12, page 7, line 4, leave out subsection (3). |
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| | Clause 13, page 7, line 13, after ‘England’, insert ‘and Wales’. |
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| | Clause 13, page 7, line 15, at end insert— |
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| | | ‘( ) | seek to consult publicly with all interested parties and make available the |
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| | | details of the evidence given,’. |
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| | Clause 13, page 7, line 17, leave out ‘about the draft as he thinks fit’ and insert |
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| | ‘appearing to the authority to represent any interests concerned as the authority considers |
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| | Clause 13, page 7, line 17, leave out ‘as he thinks fit’ and insert ‘appearing to him |
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| | to represent any interests concerned and make available the details of the evidence |
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| | Clause 13, page 7, line 19, leave out subsections (2) to (6) and insert— |
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| | | ‘(2) | If following the consultation process under subsection (1) the Secretary of State |
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| | | decides to proceed with a draft (either in its original form or with such |
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| | | modifications as he thinks fit), he shall make a draft instrument containing the |
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| | | code (or revised code) for approval by resolution of each House of Parliament.’. |
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| | Clause 13, page 7, line 33, leave out subsection (8). |
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| | Page 8, line 1, leave out Clause 14. |
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| | Clause 16, page 8, line 27, at end insert— |
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| | | ‘(c) | authorise an action which might otherwise be unlawful including the use |
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| | Clause 16, page 8, line 28, leave out subsection (4). |
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| | Clause 16, page 9, line 2, at end insert— |
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| | | ‘( ) | The power conferred by subsection (5) includes power to take into possession |
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| | | dependent offspring of an animal taken into possession under that subsection.’. |
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| | Clause 16, page 9, line 12, at end insert— |
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| | | ‘(8A) | When using any of the powers granted under this section, constables, inspectors |
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| | | and veterinary surgeons shall take such biosecurity measures as are necessary to |
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| | | protect the environment from disease.’. |
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| | Clause 16, page 9, line 12, at end insert— |
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| | | ‘(8A) | For the purposes of subsection (7)(c), the appropriate national authority may by |
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| | | regulations make provision for the method by which an animal may be marked |
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| | | for identification purposes.’. |
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| | Clause 16, page 9, line 15, at end insert— |
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| | | ‘(9A) | A person acting under subsections (1) and (3) to (9) must, if appropriate, take all |
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| | | reasonable steps to notify the owner of, or person responsible for, any animal of |
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| | Clause 16, page 9, line 18, after ‘incurs’, insert ‘reasonable’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 17, page 9, line 28, after ‘entry’, insert ‘without warrant’. |
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| | Clause 17, page 9, line 29, at end insert ‘unless the inspector or constable |
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| | reasonably believes that the animal is in serious and immediate danger from which it |
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| | should be removed before a warrant under subsection (4) can be obtained and executed.’. |
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| | Clause 17, page 9, line 29, at end insert— |
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| | | ‘(2A) | For the purposes of this Act, “private dwelling” is to mean an enclosed building, |
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| | | or part of a building, used exclusively for residential purposes.’. |
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| | Clause 18, page 10, line 3, at end insert ‘provided that it is satisfied that an |
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| | information has been laid for an offence under any part of this Act relevant to an animal |
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| | or animals that are the subject of the application.’. |
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| | Clause 18, page 10, line 8, at end insert— |
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| | | ‘(1A) | If an animal is taken into possession under section 16(5) when it is pregnant, the |
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| | | power conferred by subsection (1) shall also be exercisable in relation to any |
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| | | offspring that results from the pregnancy.’. |
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| | Clause 18, page 10, line 16, leave out ‘it is not reasonably practicable’ and insert |
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| | ‘reasonable endeavours have been made’. |
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| | Clause 18, page 10, line 25, after ‘reimburse’, insert ‘reasonable’. |
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| | Clause 18, page 10, line 27, leave out subsection (5) and insert— |
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| | | ‘(5) | The appropriate national authority shall issue guidance about the exercise by a |
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| | | court of powers under subsection (1). |
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| | | (6) | In determining how to exercise its powers under this section, the court shall have |
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| | | primary regard to the welfare of the animal.’. |
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| | Clause 18, page 10, line 28, after ‘regard’, insert ‘to the interests of the animal |
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| | | Clause, as amended, Agreed to. |
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| | Clause 19, page 11, line 1, after ‘entry’, insert ‘without a warrant’. |
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| | Clause 19, page 11, line 8, after ‘peace’ insert ‘is’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 20, page 11, line 26, after ‘8’, insert ‘[Pet fairs],’. |
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| | Clause 20, page 11, line 26, after ‘8’, insert ‘[Recordings of prohibited conduct],’. |
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| | Clause 20, page 11, line 26, after ‘8’, insert ‘[Non-domestic animals in circuses],’. |
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| | Clause 22, page 12, line 7, at beginning insert ‘Subject to subsection (4),’. |
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| | Clause 22, page 12, line 9, at end add— |
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| | | ‘(4) | Subject to subsection (5), a Justice of the Peace may, on the application of an |
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| | | inspector, issue a warrant authorising an inspector to enter premises, if necessary |
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| | | using reasonable force, in order to carry out an inspection under subsection (1). |
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| | | (5) | The power to issue a warrant under subsection (4) is exercisable only if the Justice |
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| | | of the Peace is satisfied— |
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| | | (a) | that it is reasonable to carry out an inspection on the premises, and |
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| | | (b) | that section 46 is satisfied in relation to the premises.’. |
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| | Clause 23, page 12, line 18, at beginning insert ‘Subject to subsection (4),’. |
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| | Clause 23, page 12, line 20, at end add— |
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| | | ‘(4) | Subject to subsection (5), a Justice of the Peace may, on the application of an |
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| | | inspector, issue a warrant authorising an inspector to enter premises, if necessary |
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| | | using reasonable force, in order to carry out an inspection under subsection (1). |
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| | | (5) | The power to issue a warrant under subsection (4) is exercisable only if the Justice |
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| | | of the Peace is satisfied— |
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| | | (a) | that it is reasonable to carry out an inspection on the premises, and |
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| | | (b) | that section 46 is satisfied in relation to the premises.’. |
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| | Clause 24, page 12, line 30, after ‘entry’, insert ‘without a warrant’. |
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| | Clause 26, page 13, line 8, at end insert— |
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| | | ‘(2) | Proceedings for a crime under this Act shall not be instituted except by or with |
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| | | the consent of the Crown Prosecution Service or the legal department of a local |
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| | Clause 27, page 13, line 13, leave out paragraph (a) and insert— |
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| | | ‘(a) | before the end of the period of twelve months beginning with the date of |
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| | | commission of the offence, and’. |
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| | Clause 27, page 13, line 17, at end insert ‘, whichever is the earlier and in any event |
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| | within twelve months from the date of the commission of the offence.’. |
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| | Clause 27, page 13, line 17, at end insert— |
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| | | ‘(1A) | The prosecutor shall establish to the satisfaction of the court that the evidence has |
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| | | not been available to him for a period longer than six months. The court shall also |
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| | | determine whether the evidence available can be admitted where the lapse of time |
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| | | exceeds that allowed for under the provisions of the Magistrates’ Courts Act |
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| | Clause 27, page 13, line 18, leave out subsection (2). |
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