|
|
| |
| |
|
| | Transfer of animal by way of prize to any person |
|
| |
| | |
| 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.’. |
|
| |
| | |
| |
| | |
| 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— |
|
| | |
| | (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.’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
|
|
| |
| |
|
| | (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 move the following Clause:— |
|
| | ‘A person commits an offence if he— |
|
| | (a) | manufactures a snare, |
|
| | |
| | (c) | transfers, or agrees to transfer, ownership of a snare, or |
|
| | (d) | offers the opportunity to win a snare as a prize.’. |
|
| |
| |
| |
| | |
| Page 1, line 3 [Clause 1], after ‘means’, insert ‘a cephalopod or’. |
|
| |
| |
| | |
| Page 1, line 21 [Clause 1], after ‘Chordata’, insert ‘, “cephalopod” means any |
|
| member of the class Cephalopoda’. |
|
| |
| |
| | |
| 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.’. |
|
| |
| |
| | |
| Page 3, line 4 [Clause 4], at end insert— |
|
| | ‘(3A) | In this section, the term “suffering” includes both mental and physical suffering |
|
| | |
| |
| | |
| 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.’. |
|
| |
| | |
| Page 3, line 21 [Clause 5], after ‘apply’, insert— |
|
| | ‘(a) | to the docking of the tail of a working gundog; or |
|
| | |
| Secretary Margaret Beckett |
|
| | |
| 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 |
|
| | |
| |
| | |
| 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.’. |
|
| |
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 3 [Clause 7], leave out ‘arranges’ and insert ‘causes’. |
|
| |
| | |
| Page 4, line 3 [Clause 7], after ‘arranges’, insert ‘or knowingly publicises’. |
|
|
|
| |
| |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 3 [Clause 7], at end insert ‘to take place, or attempts to do so’. |
|
| |
| | |
| 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;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 4 [Clause 7], leave out paragraph (b). |
|
| |
| | |
| Page 4, line 5 [Clause 7], at end insert— |
|
| | ‘( ) | knowingly participates in the publicising of an animal fight;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 5 [Clause 7], at end insert— |
|
| | ‘( ) | knowingly receives money for admission to an animal fight;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 5 [Clause 7], at end insert— |
|
| | ‘( ) | knowingly publicises a proposed animal fight;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 5 [Clause 7], at end insert— |
|
| | ‘( ) | provides information about an animal fight to another with the intention |
|
| | of enabling or encouraging attendance at the fight;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 9 [Clause 7], at end insert— |
|
| | ‘( ) | has in his possession anything designed or adapted for use in connection |
|
| | with an animal fight with the intention of its being so used;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 9 [Clause 7], at end insert— |
|
| | ‘( ) | keeps or trains an animal for use for in connection with an animal fight;’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 9 [Clause 7], at end insert— |
|
| | ‘( ) | keeps any premises for use for an animal fight.’. |
|
|
|
| |
| |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 10 [Clause 7], after ‘or’ insert ‘reasonable’. |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 11 [Clause 7], at end insert— |
|
| | ‘(2A) | A person commits an offence if, without lawful authority or reasonable excuse, |
|
| | |
| | (a) | knowingly supplies a video recording of an animal fight, |
|
| | (b) | knowingly publishes a video recording of an animal fight, |
|
| | (c) | knowingly shows a video recording of an animal fight to another, or |
|
| | (d) | possesses a video recording of an animal fight, knowing it to be such a |
|
| | recording, with the intention of supplying it. |
|
| | (2B) | Subsection (2A) does not apply if the video recording is of an animal fight that |
|
| | |
| | (a) | outside Great Britain, or |
|
| | (b) | before the commencement date. |
|
| | (2C) | Subsection (2A) does not apply— |
|
| | (a) | in the case of paragraph (a), to the supply of a video recording for |
|
| | inclusion in a programme service; |
|
| | (b) | in the case of paragraph (b) or (c), to the publication or showing of a |
|
| | video recording by means of its inclusion in a programme service; |
|
| | (c) | in the case of paragraph (d), by virtue of intention to supply for inclusion |
|
| | |
| | (2D) | Provision extending the application of an offence under subsection (2A), so far as |
|
| | relating to the provision of information society services, may be made under |
|
| | section 2(2) of the European Communities Act 1972 (c. 68) (powers to implement |
|
| | Community obligations by regulations) notwithstanding the limits imposed by |
|
| | paragraph 1(1)(d) of Schedule 2 to that Act on the penalties with which an offence |
|
| | may be punishable on summary conviction.’. |
|
| |
| | |
| Page 4, line 11 [Clause 7], at end insert— |
|
| | ‘(2A) | A person commits an offence if, without lawful authority or excuse, he— |
|
| | (a) | produces a visual record of an animal fight, |
|
| | (b) | is in possession of a visual record of an animal fight, or |
|
| | (c) | distributes a visual record of an animal fight.’. |
|
| |
| | |
| Page 4, line 11 [Clause 7], at end insert ‘, or at an activity where there is a |
|
| reasonable likelihood of such a fight taking place; |
|
| | (b) | makes a recording of an animal fight; |
|
| | (c) | has in his possession or distributes— |
|
| | (i) | a recording of an animal fight, |
|
| | (ii) | a copy of such a recording, or |
|
| | (iii) | material from such a recording; or |
|
| | (d) | publishes material from a recording of an animal fight.’. |
|
|
|
| |
| |
|
| Secretary Margaret Beckett |
|
| | |
| Page 4, line 14 [Clause 7], at end insert— |
|
| | ‘“commencement date” means the date on which subsection (2A) comes |
|
| | |
| | “information society services” has the meaning given in Article 2(a) of |
|
| | Directive 2000/31/EC of the European Parliament and of the Council of |
|
| | 8 June 2000 on certain legal aspects of information society services, in |
|
| | particular electronic commerce in the Internal Market (Directive on |
|
| | |
| | “programme service” has the same meaning as in the Communications Act |
|
| | |
| | “video recording” means a recording, in any form, from which a moving |
|
| | image may by any means be reproduced and includes data stored on a |
|
| | computer disc or by other electronic means which is capable of |
|
| | conversion into a moving image. |
|
| | |
| | (a) | references to supplying or publishing a video recording are to supplying |
|
| | or publishing a video recording in any manner, including, in relation to a |
|
| | video recording in the form of data stored electronically, by means of |
|
| | |
| | (b) | references to showing a video recording are to showing a moving image |
|
| | reproduced from a video recording by any means.’. |
|
| |
| | |
| Page 4, line 14 [Clause 7], at end insert ‘and |
|
| | “recording” means a record from which visual images or sounds may, by |
|
| | any means, be reproduced.’. |
|
| |
| | |
| Page 4, line 17 [Clause 8], leave out ‘in all the circumstances’. |
|
| |
| | |
| Page 4, line 19 [Clause 8], leave out ‘to the extent required by good practice’ and |
|
| insert ‘in an appropriate manner’. |
|
| |
| | |
| Page 4, line 19 [Clause 8], leave out ‘the extent required by good practice’ and |
|
| insert ‘an appropriate extent’. |
|
| |
| |
| | |
| Page 5, line 14 [Clause 9], at end insert— |
|
| | ‘(7) | A person who takes part in an activity which could result in them receiving an |
|
| | animal as a prize shall have a duty to ensure that they make preparations to meet |
|
|
|
| |
| |
|
| | the need of the animal as set out in section 8(2) as soon as is practical after the |
|
| | |
| |
| | |
| Page 5, line 18 [Clause 10], at end insert— |
|
| | ‘(1A) | Provisions promoting the welfare of animals under subsection (1) may only be |
|
| | made if the appropriate national authority is satisfied, on the basis of publicly |
|
| | available scientific evidence, that those provisions are in fact necessary to |
|
| | |
| |
| | |
| Page 5, line 27 [Clause 10], at end insert— |
|
| | ‘( ) | make provision imposing specific restrictions on the ownership of |
|
| | |
| |
| |
| | |
| Page 5, line 27 [Clause 10], at end insert— |
|
| | ‘( ) | make provision to prohibit the keeping of primates (including provision |
|
| | making exception from a prohibition).’. |
|
| |
| |
| | |
| Page 6, line 12 [Clause 11], at end insert— |
|
| | ‘(2A) | It shall be a condition of a licence being granted that a person prove their |
|
| | competence in a manner to be laid down by the appropriate national authority in |
|
| | order to carry on an activity to which subsection (1) applies.’. |
|
| |
| |
| | |
| Page 6, line 13 [Clause 11], leave out subsections (3) and (4). |
|
| |
| |
| | |
| Page 6, line 22 [Clause 11], leave out ‘or (3)’. |
|
| |
| |
| | |
| Page 6, line 24 [Clause 11], leave out ‘or registration’. |
|
| |
|