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| Secretary Margaret Beckett |
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| Page 8, line 9 [Clause 14], leave out from ‘force’ to end of line 10 and insert ‘in |
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| accordance with its provisions.’. |
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| Secretary Margaret Beckett |
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| Page 8, line 11 [Clause 14], leave out ‘An order under subsection (3)’ and insert ‘A |
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| Page 9, line 4 [Clause 16], at end insert— |
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| | ‘(7A) | An inspector or constable acting under subsection (6) must seek the advice and |
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| | certificate of a veterinary surgeon as soon as is practicable so to do.’. |
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| Secretary Margaret Beckett |
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| Page 9, line 17 [Clause 16], at end insert— |
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| | ‘( ) | If a person exercises a power under this section otherwise than with the |
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| | knowledge of a person who is responsible for the animal concerned, he must, as |
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| | soon as reasonably practicable after exercising the power, take such steps as are |
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| | reasonable in the circumstances to bring the exercise of the power to the notice of |
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| Page 10, line 17 [Clause 18], leave out subsection (4) and insert— |
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| | ‘(4) | A court may not make an order under subsection (1) unless it has given the owner |
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| | of the animal an opportunity to be heard, and— |
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| | (a) | the prosecutor certifies that no prosecution is intended to be commenced, |
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| | which certification shall be binding in respect of each animal the subject |
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| | (b) | it is satisfied to the criminal standard of proof that it is not reasonably |
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| | practicable to communicate with the owner.’. |
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| Page 10, line 30 [Clause 18], leave out subsection (6) and insert— |
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| | ‘(6) | The appropriate national authority shall issue guidance about the exercise by a |
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| | court of powers under subsection (1). |
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| | (7) | In determining how to exercise its powers under this section, the court shall have |
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| | primary regard to the welfare of the animal.’. |
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| Page 10, line 38 [Clause 18], at end insert— |
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| | ‘(9) | The Legal Aid Act 1988 shall have effect in relation to an application under this |
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| | section as if those proceedings had been included in the definition of criminal |
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| | proceedings under the Access to Justice Act 1999.’. |
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| Secretary Margaret Beckett |
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| Page 10, line 41 [Clause 19], leave out from ‘that’ to ‘an’ in line 42 and insert ‘it is |
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| one in relation to which’. |
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| Secretary Margaret Beckett |
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| Page 10, line 42 [Clause 19], after ‘7’ insert ‘(1) or (2)’. |
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| Secretary Margaret Beckett |
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| Page 10, line 42 [Clause 19], at end insert ‘has been committed’. |
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| Secretary Margaret Beckett |
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| Page 11, line 15 [Clause 19], leave out from ‘animal’ to ‘an’ in line 16 and insert |
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| Secretary Margaret Beckett |
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| Page 11, line 16 [Clause 19], after ‘7’ insert ‘(1) or (2)’. |
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| Secretary Margaret Beckett |
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| Page 11, line 16 [Clause 19], after ‘7’ insert ‘has been committed’. |
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| Secretary Margaret Beckett |
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| Page 11, line 17 [Clause 19], at end insert— |
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| | ‘( ) | In this section, references to an animal in relation to which an offence under |
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| | section 7(1) or (2) has been committed include an animal which took part in an |
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| | animal fight in relation to which such an offence was committed.’. |
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| Secretary Margaret Beckett |
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| Page 11, line 30 [Clause 20], after ‘sections’ insert ‘[Docking of dogs’ tails],’. |
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| Page 11, line 31 [Clause 20], after ‘8’ insert ‘[Pet fairs],’. |
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| Secretary Margaret Beckett |
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| Page 11, line 36 [Clause 21], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Secretary Margaret Beckett |
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| Page 11, line 36 [Clause 21], after ‘to’ insert ‘6 and’. |
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| Secretary Margaret Beckett |
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| Page 11, line 36 [Clause 21], after ‘7’ insert ‘(1) and (2)’. |
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| Page 11, line 41 [Clause 22], at end insert— |
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| | ‘(1A) | For the purposes of subsection (1), an inspector shall only be able to require the |
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| | licence holder to produce records relevant to the previous 12 months.’. |
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| Page 12, line 8 [Clause 22], at end insert— |
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| | ‘(4) | Subject to subsection (5), a Justice of the Peace may, on the application of an |
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| | inspector, issue a warrant authorising an inspector to enter premises, if necessary |
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| | using reasonable force, in order to carry out an inspection under subsection (1). |
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| | (5) | The power to issue a warrant under subsection (4) may be exercised only if the |
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| | Justice of the Peace is satisfied— |
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| | (a) | that it is reasonable to carry out an inspection on the premises, and |
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| | (b) | that section 46 is satisfied in relation to the premises.’. |
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| Page 12, line 20 [Clause 23], at beginning insert ‘Subject to subsection (4),’. |
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| Page 12, line 22 [Clause 23], at end insert— |
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| | ‘(4) | Subject to subsection (5), a Justice of the Peace may, on the application of an |
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| | inspector, issue a warrant authorising an inspector to enter premises, if necessary |
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| | using reasonable force, in order to carry out an inspection under subsection (1). |
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| | (5) | The power to issue a warrant under subsection (4) may be exercised only if the |
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| | Justice of the Peace is satisfied— |
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| | (a) | that it is reasonable to carry out an inspection on the premises, and |
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| | (b) | that section 46 is satisfied in relation to the premises.’. |
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| Page 13, line 25 [Clause 28], leave out ‘this Act’ and insert ‘sections 8, 10, 11 or |
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| Page 13, line 26 [Clause 28], leave out ‘three years’ and insert ‘twelve months’. |
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| Page 14, line 3 [Clause 29], leave out from ‘liable’ to end of line 7 and insert— |
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| | ‘(a) | on summary conviction to imprisonment for a term not exceeding 51 |
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| | weeks, or a fine not exceeding £20,000, or to both; |
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| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | five years or a fine not exceeding £20,000, or to both.’. |
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| Secretary Margaret Beckett |
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| Page 14, line 3 [Clause 29], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Secretary Margaret Beckett |
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| Page 14, line 25 [Clause 30], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Page 14, line 25 [Clause 30], after ‘8’ insert ‘or [Pet fairs],’. |
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| Page 14, line 37 [Clause 30], at end insert— |
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| | ‘(3A) | The court shall not make an order for the destruction of an animal under this |
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| | section unless it is satisfied, on the basis of evidence given by a veterinary |
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| | surgeon, that it is appropriate to do so in the interests of the animal.’. |
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| Page 15, line 5 [Clause 30], at end insert— |
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| | ‘(4A) | A person appointed under subsection (4)(a) must be a veterinary surgeon or other |
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| | person who the court is satisfied has the appropriate training and qualifications in, |
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| | and experience of, animal welfare.’. |
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| Page 15, line 22 [Clause 30], at end insert ‘,where it is appropriate so to do in the |
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| interests of the animal.’. |
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| Page 15, line 33 [Clause 31], at end insert ‘and |
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| | (e) | from riding, driving or using animals.’. |
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| Secretary Margaret Beckett |
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| Page 16, line 15 [Clause 31], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Page 16, line 15 [Clause 31], after ‘8’ insert ‘section [Pet fairs],’. |
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| Page 16, line 38 [Clause 32], at end insert ‘and |
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| | (c) | in the case of the destruction of an animal, it is satisfied, on the basis of |
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| | evidence given by a veterinary surgeon, that it is appropriate to do so in |
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| | the interests of the animal.’. |
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| Page 17, line 4 [Clause 32], at end insert ‘,where it is appropriate so to do in the |
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| interests of the animal.’. |
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| Page 17, line 21 [Clause 33], leave out subsections (3) and (4) and insert— |
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| | ‘(3) | In giving directions which specify the manner in which an animal is to be |
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| | disposed of, the court may not direct the disposal of an animal to any person |
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| | (a) | a licensed breeding establishment, |
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| | (c) | a licensed Scottish rearing establishment, |
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| | (d) | a veterinary surgeon, or |
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| | (e) | any other person whom the court is satisfied has the appropriate training |
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| | and qualification in, and experience of, animal welfare.’. |
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| Page 17, line 22 [Clause 33], after ‘regard’, insert ‘to the interests of the animal |
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| Page 17, line 26 [Clause 33], at end insert— |
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| | ‘(c) | whether it is appropriate so to do in the interests of the animal.’. |
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| Secretary Margaret Beckett |
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| Page 17, line 36 [Clause 34], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Secretary Margaret Beckett |
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| Page 17, line 36 [Clause 34], after first ‘to’ insert ‘6, 7(1) and (2) and’. |
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| Page 17, line 36 [Clause 34], after ‘8’ insert ‘or [Pet fairs]’ . |
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| Secretary Margaret Beckett |
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| Page 18, line 24 [Clause 34], after ‘7’ insert ‘(1) or (2)’. |
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| Secretary Margaret Beckett |
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| Page 18, line 28 [Clause 35], after ‘7’ insert ‘(1) or (2)’. |
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| Page 18, line 28 [Clause 35], leave out ‘destruction’ and insert ‘disposal’. |
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| Page 18, line 40 [Clause 35], leave out ‘destroyed’ and insert ‘disposed of’. |
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| Page 18, line 45 [Clause 35], at end insert— |
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| | ‘(3A) | The court shall not make an order for the destruction of an animal under this |
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| | section unless it is satisfied, on the basis of evidence given by a veterinary |
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| | surgeon, that it is appropriate to do so in the interests of the animal.’. |
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| Secretary Margaret Beckett |
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| | |
| Page 19, line 9 [Clause 35], leave out second ‘an’ and insert ‘the’. |
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| Page 19, line 11 [Clause 35], at end insert— |
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| | ‘(6A) | In this section, references to disposing of an animal include destroying it.’. |
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| Secretary Margaret Beckett |
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| Page 19, line 14 [Clause 36], after ‘7’ insert ‘(1) or (2)’. |
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| Secretary Margaret Beckett |
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| Page 19, line 23 [Clause 37], after ‘sections’ insert ‘[Docking of dogs’ tails](1) and |
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| Page 19, line 23 [Clause 37], after ‘7’ insert ‘or [Pet fairs]’. |
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| Secretary Margaret Beckett |
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| Page 19, line 34 [Clause 37], at end insert— |
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| | ‘(ba) | in the case of a conviction for an offence under section [Docking of dogs’ |
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| | tails](1) or (2), to anything designed or adapted for removing the whole |
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| | or any part of a dog’s tail;’. |
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| Secretary Margaret Beckett |
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| Page 19, line 38 [Clause 37], after ‘7’ insert ‘(1) or (2)’. |
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| Secretary Margaret Beckett |
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| Page 19, line 39 [Clause 37], after ‘in’ insert ‘connection with’. |
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| Secretary Margaret Beckett |
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| Page 19, line 39 [Clause 37], at end insert— |
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