Animal Welfare Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
Schedule 3 — Minor and consequential amendments

40

(a)

imprisonment for a term not exceeding 51 weeks, or

(b)

a fine not exceeding level 3 on the standard scale.



or to both.

(2)

This section applies to orders made before, as well as to orders made

after, the coming into force of this section.”

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      (2)

In relation to an offence under the inserted section 2A committed before the

commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the

reference in subsection (1)(a) of the section to 51 weeks is to be read as a

reference to 6 months.

Animal Boarding Establishments Act 1963 (c. 43)

10

5     (1)

In section 1 of the Animal Boarding Establishments Act 1963 (licensing of

boarding establishments for animals), in subsection (2), at the end of

paragraph (e) insert “or—

(f)

under section 31(2), (3) or (4) of the Animal Welfare Act

2006,”.

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      (2)

In section 3 of that Act (offences and disqualification), in subsection (3), after

“1951,” insert “or of any offence under any of sections 4 to 9 of the Animal

Welfare Act 2006,”.

Riding Establishments Act 1964 (c. 70)

6     (1)

In section 1 of the Riding Establishments Act 1964 (licensing of riding

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establishments), in subsection (2), at the end of paragraph (f) insert “or—

(g)

under section 31(2), (3) or (4) of the Animal Welfare Act

2006”.

      (2)

In section 4 of that Act (penalties and disqualification), in subsection (3),

after “1963,” insert “or of any offence under any of sections 4 to 9 of the

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Animal Welfare Act 2006,”.

Breeding of Dogs Act 1973 (c. 60)

7

In section 1 of the Breeding of Dogs Act 1973 (licensing of breeding

establishments for dogs), in subsection (2), at the end of paragraph (f) insert

“or—

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(g)

under section 31(2), (3) or (4) of the Animal Welfare Act

2006;”.

Guard Dogs Act 1975 (c. 50)

8

In section 3 of the Guard Dogs Act 1975 (guard dog kennel licences), in

subsection (4), after “1973,” insert “or of an offence under any of sections 4 to

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9 of the Animal Welfare Act 2006,”.

Dangerous Wild Animals Act 1976 (c. 38)

9

In section 6 of the Dangerous Wild Animals Act 1976 (penalties), in

subsection (2)—

(a)

for “Protection of Animals Acts 1911 to 1964,” substitute “Protection

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of Animals Act 1911,”,

Animal Welfare Bill
Schedule 3 — Minor and consequential amendments

41

(b)

after “1912 to 1964,” insert “the Performing Animals (Regulation) Act

1925,”,

(c)

after “1951,” insert “the Animals (Cruel Poisons) Act 1962,”, and

(d)

after “1973,” insert “or of an offence under any of sections 4 to 9 of the

Animal Welfare Act 2006,”.

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Magistrates’ Courts Act 1980 (c. 43)

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In section 108 of the Magistrates’ Courts Act 1980 (right of appeal to the

Crown Court), in subsection (3)(c), for “section 2 of the Protection of Animals

Act 1911” substitute “section 34 of the Animal Welfare Act 2006”.

Zoo Licensing Act 1981 (c. 37)

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11

In section 4 of the Zoo Licensing Act 1981 (grant or refusal of licence), in

subsection (5)—

(a)

for “the Protection of Animals Acts 1911 to 1964” substitute “the

Protection of Animals Act 1911”,

(b)

after the entry for the Protection of Animals (Scotland) Acts 1912 to

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1964, insert—



“the Performing Animals (Regulation) Act 1925;”,

(c)

after the entry for the Pet Animals 1951, insert—



“the Animals (Cruel Poisons) Act 1962;”, and

(d)

at the end, insert—

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“sections 4 to 9 of the Animal Welfare Act 2006.”

Animals (Scientific Procedures) Act 1986 (c. 14)

12    (1)

In section 22(5) of the Animals (Scientific Procedures) Act 1986 (penalties for

contraventions)—

(a)

for “section 1 of the Protection of Animals Act 1911” substitute “any

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of sections 4 to 7 of the Animal Welfare Act 2006”, and

(b)

at the end insert “(rather than any penalty by way of imprisonment

or fine provided for in those Acts)”.

      (2)

In section 26 of that Act (prosecutions), in subsection (1)(b), for “section 1 of

the Protection of Animals Act 1911” substitute “any of sections 4 to 8 of the

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Animal Welfare Act 2006”.

      (3)

In section 29 of that Act (application to Northern Ireland), for subsection (5)

substitute—

“(5)

In section 22(5) above for the reference to sections 4 to 7 of the Animal

Welfare Act 2006 there shall be substituted a reference to sections 13

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and 14 of the Welfare of Animals Act (Northern Ireland) 1972.

(5A)

In section 26(1)(b) above for the reference to sections 4 to 8 of the

Animal Welfare Act 2006 there shall be substituted a reference to

sections 13 and 14 of the Welfare of Animals Act (Northern Ireland)

1972.”

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Wild Mammals (Protection) Act 1996 (c. 3)

13

For section 3 of the Wild Mammals (Protection) Act 1996 (interpretation)

Animal Welfare Bill
Schedule 4 — Repeals

42

substitute—

“3

Interpretation

In this Act “wild mammal” means—

(a)

in relation to England and Wales, any mammal which is not

a “protected animal” within the meaning of the Animal

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Welfare Act 2006;

(b)

in relation to Scotland, any mammal which is not a domestic

or captive animal within the meaning of the Protection of

Animals (Scotland) Act 1912.”

Criminal Justice and Police Act 2001 (c. 16)

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14    (1)

In section 57 of the Criminal Justice and Police Act 2001 (retention of seized

items), in subsection (1), at the end insert—

“(r)

paragraph 10(3) of Schedule 2 to the Animal Welfare Act

2006.”

      (2)

In section 66 of that Act (general interpretation of Part 2), in subsection (4),

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at the end insert—

“(p)

sections 23(1), 24(1), 25(1) and 26(1) of the Animal Welfare

Act 2006 (inspection in connection with licences, inspection

in connection with registration, inspection of farm premises

and inspection relating to Community obligations).”

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      (3)

In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50

applies), at the end insert—

“Animal Welfare Act 2006



The power of seizure conferred by paragraph 8(2)(j) of Schedule 2

to the Animal Welfare Act 2006.”

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Schedule 4

Section 60

Repeals

Short title and chapter

Extent of repeal

Metropolitan Police Act 1839

Section 47.

(c. 47)

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Town Police Clauses Act 1847

Section 36.

(c. 89)

Protection of Animals Act 1911

Sections 1 to 3, 5 to 5B, 7, 9 and 11 to 14.

(c. 27)

In section 15, paragraphs (a), (c), (e) and (f).

Protection of Animals (1911)

The whole Act.

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Amendment Act 1921 (c. 14)

Protection of Animals Act 1934

The whole Act.

(c. 21)

Docking and Nicking of Horses

Section 1.

Act 1949 (c. 70)

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Animal Welfare Bill
Schedule 4 — Repeals

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Short title and chapter

Extent of repeal

Docking and Nicking of Horses

In section 3, the definition of “nicking”.

Act 1949 (c. 70)—cont.

Pet Animals Act 1951 (c. 35)

Sections 2 and 3.

Cockfighting Act 1952 (c. 59)

The whole Act.

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Protection of Animals

Sections 1, 2 and 4(1).

(Amendment) Act 1954 (c. 40)

Protection of Animals

The whole Act.

(Anaesthetics) Act 1954

(c. 46)

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Abandonment of Animals Act

The whole Act.

1960 (c. 43)

Animals (Cruel Poisons) Act

In section 4(2), the words from “and the

1962 (c. 26)

Protection of Animals Acts 1911” to “and this

Act”.

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Protection of Animals

The whole Act.

(Anaesthetics) Act 1964

(c. 39)

Agriculture (Miscellaneous

Part 1.

Provisions) Act 1968 (c. 34)

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Animal Health Act 1981 (c. 22)

Sections 37 to 39.

In Schedule 5, paragraph 8.

Animals (Scientific Procedures)

In Schedule 3, paragraphs 1 and 7.

Act 1986 (c. 14)

Protection of Animals

The whole Act.

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(Penalties) Act 1987 (c. 35)

Protection of Animals

Section 1.

(Amendment) Act 1988 (c. 29)

In section 2—

(a)

in subsection (1), the words “section 47

of the Metropolitan Police Act 1839,”

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and the words “and section 36 of the

Town Police Clauses Act 1847”, and

(b)

subsection (2).

Protection against Cruel

The whole Act.

Tethering Act 1988 (c. 31)

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Protection of Animals

The whole Act.

(Amendment) Act 2000 (c. 40)