Amendment Paper as at
Tuesday 14th March 2006
CONSIDERATION OF BILL
ANIMAL WELFARE BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Animal Welfare Bill (Programme) (No. 2).
NEW CLAUSES
Docking of dogs' tails
Secretary Margaret Beckett
NC8
To move the following Clause:
'(1) A person commits an offence if
(a) | he removes the whole or any part of a dog's tail, otherwise than for the purpose of its medical treatment; |
(b) | he causes the whole or any part of a dog's tail to be removed by another person, otherwise than for the purpose of its medical treatment. |
(2) A person commits an offence if
(a) | he is responsible for a dog, |
(b) | another person removes the whole or any part of the dog's tail, otherwise than for the purpose of its medical treatment, and |
(c) | he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening. |
(3) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.
(4) For the purposes of subsection (3), a dog is a certified working dog if a veterinary surgeon has certified that the dog is likely to be used for work in connection with-
(b) | activities of Her Majesty's armed forces, |
(d) | lawful pest control, or |
(e) | the lawful shooting of animals. |
(5) It is a defence for a person accused of an offence under subsection (1) or (2) to show that he reasonably believed that the dog was one in relation to which subsection (3) applies.
(6) A person commits an offence if
(a) | he owns a subsection (3) dog, and |
(b) | fails to take reasonable steps to secure that, before the dog is 3 months old, it is identified as a subsection (3) dog in accordance with regulations made under this section. |
(7) A person commits an offence if
(a) | he shows a dog at an event to which members of the public are admitted on payment of a fee, |
(b) | the dog's tail has been wholly or partly removed (in England and Wales or elsewhere), and |
(c) | removal took place on or after the commencement day. |
(8) Where a dog is shown only for the purpose of demonstrating its working ability, subsection (7) does not apply if the dog is a subsection (3) dog.
(9) It is a defence for a person accused of an offence under subsection (7) to show that he reasonably believed
(a) | that the event was not one to which members of the public were admitted on payment of an entrance fee, |
(b) | that the removal took place before the commencement day, or |
(c) | that the dog was one in relation to which subsection (8) applies. |
(10) A person commits an offence if he knowingly gives false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of this section.
(11) The appropriate authority may by regulations
(a) | make provision about the giving by veterinary surgeons of certificates for the purposes of this section; |
(b) | make provision about the identification of dogs as subsection (3) dogs; |
(c) | make provision about the functions of inspectors in relation to certificates for the purposes of this section and the identification of dogs as subsection (3) dogs. |
(12) Power to make regulations under subsection (11) includes power to make incidental, supplementary, consequential provision or transitional provision or savings.
(13) Before making regulations under subsection (11), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.
(14) In this section
"commencement day" means the day on which this section comes into force;
"subsection (3) dog" means a dog whose tail has, on or after the commencement day, been wholly or partly removed without contravening subsection (1), because of the application of subsection (3).'.
As Amendments to Secretary Margaret Beckett's proposed New Clause (Docking of dog's tails) (NC8):
Mr Ben Bradshaw
(a)
Line 13, leave out subsections (3) to (6).
Mr Ben Bradshaw
(b)
Line 36, leave out subsection (8).
Mr Ben Bradshaw
(d)
Line 41, at end insert ', or'.
Mr Ben Bradshaw
(c)
Line 42, leave out from 'day' to end of line 43.
Mr Ben Bradshaw
(e)
Line 44, leave out subsections (10) to (13).
Mr Ben Bradshaw
(f)
Line 63, leave out from beginning to end of line 66.
Improvement notices
Secretary Margaret Beckett
NC9
To move the following Clause:
'(1) If an inspector is of the opinion that a person is failing to comply with section 8(1), he may serve on the person a notice which
(a) | states that he is of that opinion, |
(b) | specifies the respects in which he considers the person is failing to comply with that provision, |
(c) | specifies the steps he considers need to be taken in order to comply with the provision, |
(d) | specifies a period for the taking of those steps, and |
(e) | explains the effect of subsections (2) and (3). |
(2) Where a notice under subsection (1) ("an improvement notice") is served, no proceedings for an offence under section 8(1) may be instituted before the end of the period specified for the purposes of subsection (1)(d) ("the compliance period") in respect of
(a) | the non-compliance which gave rise to the notice, or |
(b) | any continuation of that non-compliance. |
(3) If the steps specified in an improvement notice are taken at any time before the end of the compliance period, no proceedings for an offence under section 8(1) may be instituted in respect of
(a) | the non-compliance which gave rise to the notice, or |
(b) | any continuation of that non-compliance prior to the taking of the steps specified in the notice. |
(4) An inspector may extend, or further extend, the compliance period specified in an improvement notice.'.
As an Amendment to Secretary Margaret Beckett's proposed New Clause (Improvement notices) (NC9):
Bill Wiggin
(a)
Line 2, leave out 'may' and insert 'must'.
Electric collars
Tony Baldry
Mr David Drew
Bob Spink
Mr Brian H. Donohoe
Mr Adrian Sanders
NC1
To move the following Clause:
'(1) A person commits an offence if
(a) | he attaches an electric collar to an animal that he knows to be an electric collar, or |
(b) | he knowingly uses or permits the use of any electric collar or similar device on any animals. |
(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 invented 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 an electric current or other electric impulse to cause shock, pain or other stimulation to an animal wearing or otherwise in contact with the collar or device.'.
Sale of animals on the Internet
Mark Pritchard
Mr Peter Ainsworth
Mr James Paice
Bill Wiggin
Bob Spink
NC2
To move the following Clause:
'(1) Within one year of the passing of this Act the Secretary of State shall lay before Parliament regulations making provision regarding the sale of animals on the Internet.
(2) The regulations shall, in particular, make provision with regard to persons who are involved in such sales but who are not themselves responsible for the animals concerned.
(3) For the purposes of subsection (2), the sale of an animal includes transferring, or agreeing to the transfer of, the ownership of the animal in consideration of entry by the transferee into another transaction.
(4) Regulations under this section
(a) | shall be made by statutory instrument, and |
(b) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'. |
Improvement notices
Bill Wiggin
NC3
To move the following Clause:
'(1) Where an inspector considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury he may serve a notice on the person appearing to be in charge of the animals requiring that person, within the period stated in that notice, to take action that the inspector considers to be reasonably necessary.
(2) An inspector serving a notice under subsection (1) shall give his reasons for requiring that action to be taken.
(3) It is an offence to fail to comply with an improvement notice.'.
Appeals against improvement notices
Bill Wiggin
NC4
To move the following Clause:
'(1) Any person who is aggrieved by an improvement notice served under section [Improvement notices] may appeal to a magistrates' court.
(2) The procedure on an appeal to a magistrates' court under subsection (1) shall be by way of complaint, and the Magistrates' Court Act 1980 shall apply to the proceedings.
(3) The period within which an appeal shall be brought shall be two weeks, or the period specified in the improvement notice, whichever ends the earlier.
(4) A court may suspend an improvement notice pending an appeal.'.