sc582601.157-160

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.Standing Committee Proceedings: 26th January 2006
157

Animal Welfare Bill, continued

‘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

Not called  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,

S.C.A.Standing Committee Proceedings: 26th January 2006
158

Animal Welfare Bill, continued


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

Not called  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

Negatived on division  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

Not called  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.’.

S.C.A.Standing Committee Proceedings: 26th January 2006
159

Animal Welfare Bill, continued

Sale of dogs

Mr David Drew

Not called  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

Not called  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

Withdrawn  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.

S.C.A.Standing Committee Proceedings: 26th January 2006
160

Animal Welfare Bill, continued

(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

Withdrawn  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.’.

Bill, as amended, to be reported.