Amendments proposed to the Animal Welfare Bill, As Amended - continued	House of Commons
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Powers of a court on appeal

   

Bill Wiggin

NC5

To move the following Clause:—

'On an appeal made under section [Appeals against improvement notices] against an improvement notice served under section [Improvement notices], the Court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstance think fit.'.

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Abandonment

   

Bill Wiggin

NC6

To move the following Clause:—

    '(1)   A person commits an offence if he abandons an animal for which he is responsible.

    (2)   A person commits an offence if he leaves an animal for which he is responsible and, without reasonable excuse, fails to make adequate provision for its welfare.

    (3)   A person who assumes responsibility for the care of an abandoned animal may apply to a magistrates' court three months after an animal was abandoned and seek an order transferring legal ownership to him.'.

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Compensation

   

Bill Wiggin

NC7

To move the following Clause:—

'Where an animal has been removed from its owner and disposed of by any means under any powers in this Act and where consequently the owner has been found not guilty of the offence connected with this removal, or the case has been otherwise disposed of, reasonable compensation shall be paid to the owner for the loss of his property.'.

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Circus animals

   

Shona McIsaac
Mr David Drew

NC10

To move the following Clause:—

    '(1)   A person commits an offence if he uses or keeps in, or for the purposes of, a circus an animal not of a kind designated under subsection (2).

    (2)   The appropriate national authority may by regulations designate a kind of animal for the purposes of subsection (1) if that authority is satisfied, 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.

    (3)   It is unlawful to keep or use a winter holding quarters to which this Act applies except under the authority of a licence issued under this Act by the local authority for the area within which the whole or the major part of the winter holding quarters is situated.

    (4)   The appropriate national authority may by regulations make such provision for licensing in relation to the keeping or using of winter holding quarters as the authority thinks fit for the purpose of ensuring the welfare of animals to which subsection (2) applies and which are being used or kept in winter holding quarters.

    (5)   Without prejudice to the generality of the power under subsection (4), the appropriate national authority may by regulations apply in relation to such animals section 9A, 10, 11 and 12 of the Zoo Licensing Act 1981 (c. 37) ("the 1981 Act") (inspection of zoos by local authorities) with such modifications as the appropriate national authority considers appropriate.

    (6)   For the purpose of ensuring the welfare of animals to which subsection (1) applies and which have been used or kept in, or for the purposes of, a circus the appropriate national authority may by regulations apply in relation to such animals—

(a)	subsection (2) to (11) of section 16E of 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,

with such modifications as the appropriate national authority considers appropriate.

    (7)   In this section—

(a)	"circus" means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place;

(b)	"winter holding quarters" means any establishment other than a circus where animals which are kept or used in, or for the purposes of, a circus are kept on more than seven days in any period of 12 consecutive months.'.

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Transfer of animal by way of prize to any person

   

Mr David Drew

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.'.

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Sale of dogs

   

Mr David Drew

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 Breeding 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.'.

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Pet fairs

   

Norman Baker
Greg Mulholland
Mr Michael Clapham
Kelvin Hopkins
Alan Simpson
Mr Mike Hancock

NC13

To move the following Clause:—

    '(1)   A person commits an offence if he sells an animal in the course of, or in connection with, a pet fair.

    (2)   A person commits an offence if he arranges a pet fair or knowingly participates in making, or carrying out, arrangements for a pet fair.

    (3)   In this section, "pet fair" means an event—

(a)	which is open to the public (whether on payment or otherwise),

(b)	at which animals are sold (or which is held with a view to the sale of animals) as pets, and

(c)	where any such sale is made (or is to be made) in the course of a business.

    (4)   Where a business consists wholly or mainly of the keeping or selling of animals, an event held in the ordinary course of that business at premises ordinarily occupied for the purposes of that business shall not constitute a pet fair.

    (5)   For the purposes of this section—

(a)	"selling" an animal includes—

(i)	offering or exposing it for sale,

(ii)	exchanging it, or offering or exposing it for exchange, and

(iii)

transferring, or agreeing to transfer, ownership of it in consideration of entry by the transferee into another transaction;

(b)	the sale of an animal "as a pet" includes its sale for private captivity or private husbandry, but does not include its sale for any purpose relating to agriculture.'.

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Snares

   

Mr David Drew

NC14

To move the following Clause:—

'A person commits an offence if he—

(a)	manufactures a snare,

(b)	sells a snare,

(c)	transfers, or agrees to transfer, ownership of a snare, or

(d)	offers the opportunity to win a snare as a prize.'.

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Norman Baker
Greg Mulholland

110

Page     1,     line     3     [Clause     1],     after 'means', insert 'a cephalopod or'.

   

Norman Baker
Greg Mulholland

111

Page     1,     line     21     [Clause     1],     after 'Chordata', insert ', "cephalopod" means any member of the class Cephalopoda'.

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Bill Wiggin

2

Page     2,     line     16     [Clause     3],     at end insert—

    '(5)   For the purposes of this Act, in the event of a person unlawfully taking possession of an animal, he will be treated as being responsible for that animal on a temporary basis, until such time as that the animal is recovered by its lawful owner or taken into the care of an inspector.'.

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Bill Wiggin

3

Page     3,     line     4     [Clause     4],     at end insert—

    '(3A)   In this section, the term "suffering" includes both mental and physical suffering or cruelty.'.

   

Norman Baker

107

Page     3,     line     4     [Clause     4],     at end insert—

    '(3A)   For the purposes of subsection (3)(c), the protection of property shall only be considered a legitimate purpose when animals are used by the police or armed forces in the carrying out of their duties.'.

   

Bill Wiggin

4

Page     3,     line     21     [Clause     5],     after 'apply', insert—

'(a)	to the docking of the tail of a working gundog; or

(b)

'.

   

Secretary Margaret Beckett

38

Page     3,     line     25     [Clause     5],     at end insert—

'( )	Nothing in this section applies to the removal of the whole or any part of a dog's tail.'.

   

Bill Wiggin

5

Page     3,     line     25     [Clause     5],     at end insert—

    '(6)   In subsection (4), "docking of the tail of a dog" means the deliberate removal of any part of a tail of a dog if the removal is carried out—

(a)	by a veterinary surgeon; and

(b)	on a dog which is less than 10 days old.'.

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Secretary Margaret Beckett

62

Page     4,     line     3     [Clause     7],     leave out 'arranges' and insert 'causes'.

   

Bill Wiggin

6

Page     4,     line     3     [Clause     7],     after 'arranges', insert 'or knowingly publicises'.

   

Secretary Margaret Beckett

63

Page     4,     line     3     [Clause     7],     at end insert 'to take place, or attempts to do so'.

   

Bill Wiggin

7

Page     4,     line     3     [Clause     7],     at end insert—

'(aa)

distributes promotional material for an animal fight;

(ab)	willingly accepts promotional material for an animal fight;'.

Prepared 14 Mar 2005