Animal Welfare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Animal Welfare Bill

Animal Welfare Bill
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Making of codes of practice: Wales
(1)
Where the National Assembly for Wales proposes to issue (or revise) a code of
practice under section 12, it shall—
(a)
prepare a draft of the code (or revised code),
(b)
consult such persons about the draft as it thinks fit, and
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(c)
consider any representations made by them.
(2)
The Assembly may issue (or revise) a code either in the form of the draft
prepared under subsection (1)(a) or with such modification as it thinks fit.
(3)
A code (or revised code) shall come into force on such day as the Assembly
may by order appoint.
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(4)
An order under subsection (3) may include transitional provision or savings.
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Revocation of codes of practice
(1)
The appropriate national authority may by order revoke a code of practice
issued by it under section 12.
(2)
An order under subsection (1) may include transitional provision or savings.
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Animals in distress
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Powers in relation to animals in distress
(1)
If an inspector or a constable reasonably believes that a protected animal is
suffering, he may take, or arrange for the taking of, such steps as appear to him
to be immediately necessary to alleviate the animal’s suffering.
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(2)
Subsection (1) does not authorise destruction of an animal.
(3)
If a veterinary surgeon certifies that the condition of a protected animal is such
that it should in its own interests be destroyed, an inspector or a constable
may—
(a)
destroy the animal where it is or take it to another place and destroy it
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there, or
(b)
arrange for the doing of any of the things mentioned in paragraph (a).
(4)
An inspector or a constable may act under subsection (3) without the certificate
of a veterinary surgeon if it appears to him—
(a)
that the condition of the animal is such that there is no reasonable
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alternative to destroying it, and
(b)
that the need for action is such that it is not reasonably practicable to
wait for a veterinary surgeon.
(5)
An inspector or a constable may take a protected animal into possession if a
veterinary surgeon certifies—
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(a)
that it is suffering, or
(b)
that it is likely to suffer if its circumstances do not change.
(6)
An inspector or a constable may act under subsection (5) without the certificate
of a veterinary surgeon if it appears to him—
(a)
that the animal is suffering or that it is likely to do so if its circumstances
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do not change, and

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(b)
that the need for action is such that it is not reasonably practicable to
wait for a veterinary surgeon.
(7)
The power conferred by subsection (5) includes power to take into possession
dependent offspring of an animal taken into possession under that subsection.
(8)
Where an animal is taken into possession under subsection (5), an inspector or
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a constable may—
(a)
remove it, or arrange for it to be removed, to a place of safety;
(b)
care for it, or arrange for it to be cared for—
(i)
on the premises where it was being kept when it was taken into
possession, or
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(ii)
at such other place as he thinks fit;
(c)
mark it, or arrange for it to be marked, for identification purposes.
(9)
A person acting under subsection (8)(b)(i), or under an arrangement under that
provision, may make use of any equipment on the premises.
(10)
A veterinary surgeon may examine and take samples from an animal for the
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purpose of determining whether to issue a certificate under subsection (3) or
(5) with respect to the animal.
(11)
A person commits an offence if he intentionally obstructs a person in the
exercise of power conferred by this section.
(12)
A magistrates’ court may, on application by a person who incurs expenses in
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acting under this section, order that he be reimbursed by such person as it
thinks fit.
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Power of entry for section 16 purposes
(1)
An inspector or a constable may enter premises for the purpose of searching for
a protected animal and of exercising any power under section 16 in relation to
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it if he reasonably believes—
(a)
that there is a protected animal on the premises, and
(b)
that the animal is suffering or, if the circumstances of the animal do not
change, it is likely to suffer.
(2)
Subsection (1) does not authorise entry to any part of premises which is used
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as a private dwelling.
(3)
An inspector or a constable may (if necessary) use reasonable force in
exercising the power conferred by subsection (1), but only if it appears to him
that entry is required before a warrant under subsection (4) can be obtained
and executed.
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(4)
Subject to subsection (5), a justice of the peace may, on the application of an
inspector or constable, issue a warrant authorising an inspector or a constable
to enter premises for the purpose mentioned in subsection (1), if necessary
using reasonable force.
(5)
The power to issue a warrant under subsection (4) is exercisable only if the
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justice of the peace is satisfied—
(a)
that there are reasonable grounds for believing that there is a protected
animal on the premises and that the animal is suffering or is likely to
suffer if its circumstances do not change, and
(b)
that section 47 is satisfied in relation to the premises.
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Orders in relation to animals taken under section 16(5)
(1)
A magistrates’ court may order any of the following in relation to an animal
taken into possession under section 16(5)—
(a)
that specified treatment be administered to the animal;
(b)
that possession of the animal be given up to a specified person;
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(c)
that the animal be sold;
(d)
that the animal be disposed of otherwise than by way of sale;
(e)
that the animal be destroyed.
(2)
If an animal is taken into possession under section 16(5) when it is pregnant,
the power conferred by subsection (1) shall also be exercisable in relation to
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any offspring that results from the pregnancy.
(3)
An order under subsection (1) may be made on application, by way of
complaint for an order, by—
(a)
the owner of the animal, or
(b)
any other person appearing to the court to have a sufficient interest in
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the animal.
(4)
A court may not make an order under subsection (1) unless—
(a)
it has given the owner of the animal an opportunity to be heard, or
(b)
it is satisfied that it is not reasonably practicable to communicate with
the owner.
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(5)
Where a court makes an order under subsection (1), it may—
(a)
appoint a person to carry out, or arrange for the carrying out, of the
order;
(b)
give directions with respect to the carrying out of the order;
(c)
confer additional powers (including power to enter premises where the
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animal is being kept) for the purpose of, or in connection with, the
carrying out of the order;
(d)
order a person to reimburse expenses incurred in carrying out the
order.
(6)
In determining how to exercise its powers under this section, the court shall
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have regard, amongst other things, to the desirability of protecting the
animal’s value and avoiding increasing any costs which a person may be
ordered to reimburse.
(7)
A person commits an offence if he intentionally obstructs a person in the
exercise of any power conferred by virtue of this section.
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(8)
If the owner of the animal is subject to a liability by virtue of section 16(12) or
subsection (5)(d) above, any amount to which he is entitled as a result of sale
of the animal may be reduced by an amount equal to that liability.
Enforcement powers
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Seizure of animals involved in fighting offences
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(1)
A constable may seize an animal if it appears to him that the animal has been
the subject of, or used in connection with, an offence under section 7.

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(2)
A constable may enter and search premises for the purpose of exercising the
power under subsection (1) if he reasonably believes—
(a)
that there is an animal on the premises, and
(b)
that the animal is one in relation to which the power under subsection
(1) is exercisable.
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(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling.
(4)
Subject to subsection (5), a justice of the peace may, on the application of a
constable, issue a warrant authorising a constable to enter and search premises,
if necessary using reasonable force, for the purpose of exercising the power
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under subsection (1).
(5)
The power to issue a warrant under subsection (4) is exercisable only if the
justice of the peace is satisfied—
(a)
that there are reasonable grounds for believing that there is on the
premises an animal which has been the subject of, or used in connection
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with, an offence under section 7, and
(b)
that section 47 is satisfied in relation to the premises.
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Entry and search under warrant in connection with offences
(1)
Subject to subsection (2), a justice of the peace may, on the application of an
inspector or constable, issue a warrant authorising an inspector or a constable
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to enter premises, if necessary using reasonable force, in order to search for
evidence of the commission of a relevant offence.
(2)
The power to issue a warrant under subsection (1) is exercisable only if the
justice of the peace is satisfied—
(a)
that there are reasonable grounds for believing—
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(i)
that a relevant offence has been committed on the premises, or
(ii)
that evidence of the commission of a relevant offence is to be
found on the premises, and
(b)
that section 47 is satisfied in relation to the premises.
(3)
In this section, “relevant offence” means an offence under any of sections 4 to
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8, 11(6) and 31(9).
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Entry for purposes of arrest
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—
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“(v)
any of sections 4 to 7 of the Animal Welfare Act 2006
(offences relating to the prevention of harm to
animals);”.
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Inspection of records required to be kept by holder of licence
(1)
An inspector may require the holder of a licence to produce for inspection any
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records which he is required to keep by a condition of the licence.

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(2)
Where records which a person is so required to keep are stored in electronic
form, the power under subsection (1) includes power to require the records to
be made available for inspection—
(a)
in a visible and legible form, or
(b)
in a form from which they can readily be produced in a visible and
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legible form.
(3)
An inspector may inspect and take copies of any records produced for
inspection in pursuance of a requirement under this section.
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Inspection in connection with licences
(1)
An inspector may carry out an inspection in order to check compliance with—
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(a)
the conditions subject to which a licence is granted;
(b)
provision made by or under this Act which is relevant to the carrying
on of an activity to which a licence relates.
(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter—
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(a)
premises specified in a licence as premises on which the carrying on of
an activity is authorised;
(b)
premises on which he reasonably believes an activity to which a licence
relates is being carried on.
(3)
Subsection (2) does not authorise entry to any part of premises which is used
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as a private dwelling unless 24 hours’ notice of the intended entry is given to
the occupier.
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Inspection in connection with registration
(1)
An inspector may carry out an inspection in order to check compliance with
provision made by or under this Act which is relevant to the carrying on of an
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activity to which a registration for the purposes of section 11 relates.
(2)
An inspector may, for the purpose of carrying out an inspection under
subsection (1), enter premises on which he reasonably believes a person
registered for the purposes of section 11 is carrying on an activity to which the
registration relates.
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(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling unless 24 hours’ notice of the intended entry is given to
the occupier.
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Inspection of farm premises
(1)
An inspector may carry out an inspection in order to—
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(a)
check compliance with regulations under section 10 which relate to
animals bred or kept for farming purposes;
(b)
ascertain whether any offence under or by virtue of this Act has been or
is being committed in relation to such animals.
(2)
An inspector may enter premises which he reasonably believes to be premises
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on which animals are bred or kept for farming purposes in order to carry out
an inspection under subsection (1).

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(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling.
(4)
Subject to subsection (5), a justice of the peace may, on the application of an
inspector, issue a warrant authorising an inspector to enter premises, if
necessary using reasonable force, in order to carry out an inspection under
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subsection (1).
(5)
The power to issue a warrant under subsection (4) is exercisable only if the
justice of the peace is satisfied—
(a)
that it is reasonable to carry out an inspection on the premises, and
(b)
that section 47 is satisfied in relation to the premises.
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Inspection relating to Community obligations
(1)
An inspector may carry out an inspection in order to check compliance with
regulations under section 10 which implement a Community obligation.
(2)
An inspector may enter any premises in order to carry out an inspection under
subsection (1).
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(3)
Subsection (2) does not authorise entry to any part of premises which is used
as a private dwelling.
Prosecutions
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Power of local authority to prosecute offences
A local authority in England or Wales may prosecute proceedings for any
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offence under this Act.
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Time limits for prosecutions
(1)
Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980
(c. 43), a magistrates’ court may try an information relating to an offence under
this Act if the information is laid—
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(a)
before the end of the period of three years beginning with the date of
the commission of the offence, and
(b)
before the end of the period of six months beginning with the date on
which evidence which the prosecutor thinks is sufficient to justify the
proceedings comes to his knowledge.
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(2)
For the purposes of subsection (1)(b)—
(a)
a certificate signed by or on behalf of the prosecutor and stating the
date on which such evidence came to his knowledge shall be conclusive
evidence of that fact, and
(b)
a certificate stating that matter and purporting to be so signed shall be
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treated as so signed unless the contrary is proved.