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| Thursday 26th January 2006 |
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| [SEVENTH AND EIGHTH Sittings]
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| Clause 30, page 15, line 11, at end insert— |
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| | ‘(e) | from riding, driving or using animals.’. |
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| Clause 30, page 15, line 36, after ‘8’, insert ‘section [Pet fairs],’. |
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| Clause 30, page 15, line 36, after ‘8’, insert ‘section [Recordings of prohibited |
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| Clause 31, page 16, line 16, at end insert ‘; and |
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| | (c) | in the case of the destruction of an animal, it is satisfied, on the basis of |
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| | evidence given by a veterinary surgeon, that it is appropriate to do so in |
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| | the interests of the animal.’. |
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| Clause 31, page 16, line 27, at end insert ‘, where it is appropriate so to do in the |
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| interests of the animal.’. |
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| Clause 32, page 16, line 44, leave out subsections (3) and (4) and insert— |
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| | ‘(3) | In giving directions which specify the manner in which an animal is to be |
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| | disposed of, the court may not direct the disposal of an animal to any person |
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| | (a) | a licensed breeding establishment, |
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| | (c) | a licensed Scottish rearing establishment, |
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| | (d) | a veterinary surgeon, or |
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| | (e) | any other person of who the court is satisfied has the appropriate training |
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| | and qualification in, and experience of, animal welfare.’. |
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| Clause 32, page 16, line 45, after ‘regard’, insert ‘to the interests of the animal |
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| Clause 32, page 16, line 45, at end insert— |
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| | ‘(aa) | the interests of the animal.’. |
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| Clause 32, page 17, line 7, after (3)’, insert ‘(aa)’. |
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| Clause 33, page 17, line 14, after ‘8’, insert ‘or section [Pet fairs],’. |
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| Clause 33, page 17, line 14, after ‘8’, insert ‘or [Non-domestic animals in |
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| Clause 34, page 18, line 1, leave out ‘Destruction’ and insert ‘Disposal’. |
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| Clause 34, page 18, line 4, at end insert ‘, where it is reasonable to presume that a |
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| threat to public safety exists’. |
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| Clause 34, page 18, line 15, leave out ‘destroyed’ and insert ‘disposed of’. |
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| Clause 34, page 18, line 20, at end insert— |
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| | ‘(3A) | The court shall not make an order for the destruction of an animal under this |
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| | section unless it is satisfied, on the basis of evidence given by a veterinary |
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| | surgeon, that it is appropriate to do so in the interests of the animal.’. |
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| Clause 34, page 18, line 31, at end insert— |
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| | ‘(6A) | In this section, references to disposing of an animal include destroying it.’. |
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| Clause 35, page 18, line 41, at end insert ‘or had been trained so to do’. |
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| Clause 36, page 19, line 2, after ‘7’ insert ‘or section [Pet fairs]’. |
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| Clause 36, page 19, line 2, after ‘7’, insert ‘or section [Recordings of prohibited |
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| Clause 36, page 19, line 2, after ‘7’, insert ‘or section [Non-domestic animals in |
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| Clause 36, page 19, line 18, at end insert ‘including recording equipment’. |
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| Clause 36, page 19, line 18, at end insert ‘or in arranging, publicising, recording or |
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| distributing a recording of, an animal fight.’. |
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| Clause 36, page 19, line 10, at end insert— |
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| | ‘(aa) | in the case of a conviction for an offence under section 5, to an electric |
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| | collar or similar device or anything designed or adapted for using it;’.s |
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| Clause 36, page 19, line 18, at end insert— |
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| | ‘(e) | in the case of conviction for an offence under section [Pet fairs], to |
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| | anything used to commit the offence.’. |
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| Clause 36, page 19, line 18, at end insert— |
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| | ‘(e) | in the case of conviction for an offence under section [Recordings of |
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| | prohibited conduct](1)(a), to anything used, designed or adapted for |
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| Clause 36, page 19, line 18, at end insert— |
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| | ‘(e) | in the case of conviction for an offence under section [Non-domestic |
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| | animals in circuses], to anything designed or adapted for use in |
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| | connection with the use or keeping of wild animals for the purposes of a |
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| Clause 37, page 20, line 13, at end insert— |
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| | ‘(4A) | A person appointed under subsection (4)(d) must be a person who the court is |
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| | satisfied has appropriate training and qualifications in, and experience of, animal |
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| | welfare in order to carry out the directions.’. |
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| | Clauses 38 to 40 Agreed to. |
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| Clause 41, page 21, line 36, at end insert— |
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| | ‘(c) | where it is appropriate in the interests of the animal.’. |
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| | Clauses 42 to 44 Agreed to. |
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| | Negatived on division 187 |
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| Clause 45, page 25, line 10, at end insert— |
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| | ‘(2A) | A person may only be appointed as an inspector under this section if he holds an |
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| | appropriate qualification to be an inspector for the purposes of the provision in |
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| Clause 45, page 25, line 13, at end insert— |
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| | ‘(3A) | Where a person other than a state veterinary inspector is to be appointed under |
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| | this section, the appropriate national authority shall ensure that they have the |
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| | necessary training, knowledge and qualifications for the exercise of their |
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| | functions under this Act.’. |
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| Clause 45, page 25, line 16, at end insert— |
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| | ‘(4A) | A person may only be appointed as an inspector under this section if he holds an |
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| | appropriate qualification to be an inspector for the purposes of the provision in |
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| Clause 45, page 25, line 22, at end add— |
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| | ‘(7) | In this section, “appropriate qualification” means— |
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| | (i) | accredited at the time of its award, and |
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| | (ii) | awarded by a body accredited at that time; |
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| | (b) | a qualification awarded before the coming into force of this section which |
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| | the Secretary of State certifies to be treated for the purposes of this |
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| | section as if it were a qualification within paragraph (a); or |
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| | (c) | a qualification obtained in an EEA State (other than the United Kingdom) |
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| | which is equivalent to a qualification within paragraph (a) or (b). |
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| | “accredited” means accredited by the Secretary of State; and “EEA State” |
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| | means a state which is a contracting party to the Agreement on the |
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| | European Economic Area signed at Oporto on 2nd May 1992, as adjusted |
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| | by the Protocol signed at Brussels on 17th March 1993.’. |
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| Clause 45, page 25, line 22, at end add— |
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| | ‘(7) | The appropriate national authority shall ensure that adequate additional funds are |
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| | available to local authorities for the appointment and training of inspectors under |
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| Clause 45, page 25, line 22, at end add— |
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| | ‘(7) | The appropriate authority may not include in any list of suitable persons to serve |
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| | as inspectors, persons employed by organisations enjoying charitable status, or |
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| | having agendas which are hostile to those activities they will be inspecting.’. |
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| Clause 46, page 25, line 40, at end insert ‘for a period of 10 days’. |
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| | Clauses 48 to 53 Agreed to. |
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| Clause 54, page 28, line 41, leave out subsections (6) and (7). |
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| Clause 55, page 29, line 6, after ‘orders’, insert ‘, codes’. |
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| Clause 55, page 29, line 8, after ‘11’, insert ‘, or codes made under 13,’. |
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| Clause 55, page 29, line 8, after ‘11’, insert ‘or [Non-domestic animals in |
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| Clause 55, page 29, line 8, leave out subsection (2) and insert— |
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| | (b) | licensing and registration regimes, and |
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| | | made under this Act shall only be made after the Secretary of State has presented |
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| | them in the form of a draft statutory instrument which has been laid before, and |
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| | approved by a resolution of, each House of Parliament.’. |
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| Clause 56, page 29, line 32, at end insert ‘“sale” includes hire, barter and exchange, |
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| and related expressions shall be construed accordingly.’. |
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