06240.1-5

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Animal Welfare Bill
[The page and line references are to HL Bill 88, the bill as first printed for the Lords.]
Clause 6
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

below are met.

(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

national authority”
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

(b)
”
8
Page 4, line 42, leave out first “provision”
9
Page 4, line 44, leave out “subsection (11)” and insert “this section”
Clause 7
10
Page 5, line 9, after “or” insert “reasonable”
11
Page 5, line 16, after “or” insert “reasonable”

Bill 240 54/1

2

Clause 13
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.”
Clause 15
13
Page 10, line 25, leave out “such persons”
14
Page 10, line 25, after “draft” insert “such persons appearing to him to represent

any interests concerned”
15
Page 10, line 25, leave out “thinks fit” and insert “considers appropriate”
Clause 16
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

interests concerned”
18
Page 11, line 14, leave out “thinks fit” and insert “considers appropriate”
Clause 17
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.”
Clause 18
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.”
Clause 20
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”

3

After Clause 20
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

Court.

(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,

and

(b)
if the order is the subject of an appeal, the appeal has been

determined or withdrawn.

(3)
Where the effect of an order is suspended under subsection (2)—

(a)
no directions given in connection with the order shall have effect,

but

(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

directions;

(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

Court.”
Clause 32
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)”
Clause 33
34
Page 19, line 27, after “disqualification” insert “imposed by an order”

4
35
Page 19, line 27, leave out “(2), (3) or (4)” and insert “(1)”
Clause 35
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”
Clause 36
39
Page 21, line 28, leave out “pay a sum representing” and insert “reimburse”
40
Page 21, line 30, leave out subsection (4)
Clause 37
41
Page 22, line 19, leave out “pay a sum representing” and insert “reimburse”
42
Page 22, line 21, leave out subsection (4)
Clause 38
43
Page 22, line 37, leave out subsection (2)
Clause 40
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”
After Clause 42
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—

5

“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.”
Clause 58
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

Parliament.

(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.”
Clause 63
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

33(1).

(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”.”
Clause 64
55
Page 35, line 15, leave out “63” insert “63(1) and (2)”