|
|
| |
|
|
|
|
[The page and line references are to HL Bill 88, the bill as first printed for the Lords.] |
|
|
|
1 | Page 4, line 2, after “certified” insert “, in accordance with regulations made by the |
|
| appropriate national authority, that the first and second conditions mentioned |
|
| |
| (4A) | The first condition referred to in subsection (4) is that there has been |
|
| produced to the veterinary surgeon such evidence as the appropriate |
|
| national authority may by regulations require for the purpose of showing” |
|
2 | Page 4, line 8, at end insert— |
|
| “(4B) | The second condition referred to in subsection (4) is that the dog is of a type |
|
| specified for the purposes of this subsection by regulations made by the |
|
| appropriate national authority.” |
|
3 | Page 4, line 16, leave out “under this section” and insert “by the appropriate |
|
| |
4 | Page 4, line 34, after “appropriate” insert “national” |
|
5 | Page 4, line 35, leave out paragraphs (a) and (b) |
|
6 | Page 4, line 41, leave out “subsection (11)” and insert “this section” |
|
7 | Page 4, line 41, after second “power” insert “— |
|
| (a) | to make different provision for different cases, and |
|
| |
8 | Page 4, line 42, leave out first “provision” |
|
9 | Page 4, line 44, leave out “subsection (11)” and insert “this section” |
|
|
10 | Page 5, line 9, after “or” insert “reasonable” |
|
11 | Page 5, line 16, after “or” insert “reasonable” |
|
|
| |
|
|
| |
| | |
|
|
12 | Page 10, line 1, at end insert— |
|
| “( ) | Before making regulations under this section, the appropriate national |
|
| authority shall consult such persons appearing to the authority to represent |
|
| any interests concerned as the authority considers appropriate.” |
|
|
13 | Page 10, line 25, leave out “such persons” |
|
14 | Page 10, line 25, after “draft” insert “such persons appearing to him to represent |
|
| |
15 | Page 10, line 25, leave out “thinks fit” and insert “considers appropriate” |
|
|
16 | Page 11, line 14, leave out “such persons” |
|
17 | Page 11, line 14, after “draft” insert “such persons appearing to it to represent any |
|
| |
18 | Page 11, line 14, leave out “thinks fit” and insert “considers appropriate” |
|
|
19 | Page 11, line 24, at end insert— |
|
| “(3) | Before making an order under subsection (1), the appropriate national |
|
| authority shall consult such persons appearing to the authority to represent |
|
| any interests concerned as the authority considers appropriate. |
|
| (4) | Subsection (3) does not apply in relation to an order revoking a code of |
|
| practice in connection with its replacement by a new one.” |
|
|
20 | Page 12, line 37, at end insert— |
|
| “( ) | A person affected by a decision under subsection (13) may appeal against |
|
| the decision to the Crown Court.” |
|
|
21 | Page 13, line 28, leave out “An order under” and insert “The power conferred by” |
|
22 | Page 13, line 28, leave out “may be made” and insert “shall be exercisable” |
|
23 | Page 13, line 28, leave out “, by way of complaint for an order,” |
|
24 | Page 13, line 44, after “reimburse” insert “the” |
|
25 | Page 13, line 44, leave out “incurred in” and insert “of” |
|
26 | Page 14, line 3, leave out “costs” and insert “expenses” |
|
|
|
| |
| | |
|
|
27 | Insert the following new Clause— |
|
| “Orders under section 20: appeals |
|
| (1) | Where a court makes an order under section 20(1), the owner of the animal |
|
| to which the order relates may appeal against the order to the Crown |
|
| |
| (2) | Nothing may be done under an order under section 20(1) unless— |
|
| (a) | the period for giving notice of appeal against the order has expired, |
|
| |
| (b) | if the order is the subject of an appeal, the appeal has been |
|
| |
| (3) | Where the effect of an order is suspended under subsection (2)— |
|
| (a) | no directions given in connection with the order shall have effect, |
|
| |
| (b) | the court may give directions about how any animal to which the |
|
| order applies is to be dealt with during the suspension. |
|
| (4) | Directions under subsection (3)(b) may, in particular— |
|
| (a) | appoint a person to carry out, or arrange for the carrying out, of the |
|
| |
| (b) | require any person who has possession of the animal to deliver it up |
|
| for the purposes of the directions; |
|
| (c) | confer additional powers (including power to enter premises where |
|
| the animal is being kept) for the purpose of, or in connection with, |
|
| the carrying out of the directions; |
|
| (d) | provide for the recovery of any expenses which are reasonably |
|
| incurred in carrying out the directions. |
|
| (5) | Where a court decides on an application under section 20(3)(a) not to |
|
| exercise the power conferred by subsection (1) of that section, the applicant |
|
| may appeal against the decision to the Crown Court. |
|
| (6) | Where a court makes an order under section 20(5)(d), the person against |
|
| whom the order is made may appeal against the order to the Crown |
|
| |
|
28 | Page 18, line 8, leave out “this section” and insert “subsection (1) or (2)” |
|
29 | Page 18, line 11, leave out “this section” and insert “subsection (1) or (2)” |
|
30 | Page 18, line 20, leave out “or another person” |
|
31 | Page 18, line 20, leave out “pay a sum representing” and insert “reimburse” |
|
32 | Page 18, line 26, leave out subsection (6) |
|
33 | Page 18, line 28, leave out “this section” and insert “subsection (1) or (2)” |
|
|
34 | Page 19, line 27, after “disqualification” insert “imposed by an order” |
|
|
|
| |
| | |
35 | Page 19, line 27, leave out “(2), (3) or (4)” and insert “(1)” |
|
|
36 | Page 20, line 33, after “reimburse” insert “the” |
|
37 | Page 20, line 33, leave out “incurred in” and insert “of” |
|
38 | Page 20, line 42, leave out “costs” and insert “expenses” |
|
|
39 | Page 21, line 28, leave out “pay a sum representing” and insert “reimburse” |
|
40 | Page 21, line 30, leave out subsection (4) |
|
|
41 | Page 22, line 19, leave out “pay a sum representing” and insert “reimburse” |
|
42 | Page 22, line 21, leave out subsection (4) |
|
|
43 | Page 22, line 37, leave out subsection (2) |
|
|
44 | Page 23, line 31, after “36” insert “or” |
|
45 | Page 23, line 31, after “37” insert “with respect to an animal” |
|
46 | Page 23, line 31, after “or” insert “an order under section” |
|
47 | Page 24, line 10, leave out “costs” and insert “expenses” |
|
48 | Page 24, line 12, leave out “sum” and insert “expenses” |
|
49 | Page 24, line 12, leave out from “be” to end of line 13 and insert “recoverable |
|
| summarily as a civil debt” |
|
|
50 | Insert the following new Clause— |
|
| “Orders made on conviction for reimbursement of expenses |
|
| Where an order is made under section 32(4)(e), 35(1)(e), 36(3)(e), 37(3)(e) or |
|
| 38(1), the expenses that are required by the order to be reimbursed shall not |
|
| be regarded for the purposes of the Magistrates’ Courts Act 1980 (c. 43) as |
|
| a sum adjudged to be paid by a summary conviction, but shall be |
|
| recoverable summarily as a civil debt.” |
|
51 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Orders for reimbursement of expenses: right of appeal for non-offenders |
|
| (1) | Where a court makes an order to which this section applies, the person |
|
| against whom the order is made may— |
|
| (a) | in the case of an order made by a magistrates’ court, appeal against |
|
| the order to the Crown Court; |
|
| (b) | in the case of an order made by the Crown Court, appeal against the |
|
| order to the Court of Appeal. |
|
| (2) | This section applies to— |
|
| (a) | an order under section 35(1)(e) against a person other than the |
|
| person subject to disqualification, and |
|
| (b) | an order under section 36(3)(e), 37(3)(e) or 38(1) against a person |
|
| other than the offender.” |
|
|
52 | Page 33, line 13, leave out “6(11)” and insert “6” |
|
53 | Page 33, line 16, at end insert— |
|
| “(2A) | No order under section 17(1) shall be made by the Secretary of State unless |
|
| a draft of the instrument containing the order has been laid before |
|
| |
| (2B) | Subsection (2A) does not apply in relation to an order revoking a code of |
|
| practice in connection with its replacement by a new one.” |
|
|
54 | Page 35, line 7, at end insert— |
|
| “(3) | Section 33(9) shall apply in relation to a disqualification imposed by an |
|
| order under section 1 of the Protection of Animals (Amendment) Act 1954 |
|
| (c. 40) (power to disqualify persons convicted of cruelty to animals) as it |
|
| applies in relation to a disqualification imposed by an order under section |
|
| |
| (4) | In relation to a person convicted of an offence under section 33(9) by virtue |
|
| of breaching a disqualification imposed by an order under section 1 of the |
|
| Protection of Animals (Amendment) Act 1954 (c. 40), section 34(2) shall |
|
| have effect with the substitution for the words from “owning” to “keeps” of |
|
| “having custody of an animal in breach of disqualification under section 1 |
|
| of the Protection of Animals (Amendment) Act 1954, the court by or before |
|
| which he is convicted may order that all animals of which he has custody”. |
|
| (5) | Section 42 shall apply in relation to a person who is disqualified by virtue |
|
| of an order under section 1 of the Protection of Animals (Amendment) Act |
|
| 1954 (c. 40) as it applies in relation to a person who is disqualified by virtue |
|
| of an order under section 33 or 41. |
|
| (6) | In its application by virtue of subsection (5), section 42(2)(c) shall have |
|
| effect with the omission of the words “section 33(6), 41(3) or”.” |
|
|
55 | Page 35, line 15, leave out “63” insert “63(1) and (2)” |
|
|