06240.6-8

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

6
56
Page 35, line 16, leave out first “and”
57
Page 35, line 16, leave out “to” and insert “and”
58
Page 35, line 44, leave out “63” insert “63(1) and (2)”
Schedule 2
59
Page 40, line 5, after first “to” insert “the issue of”
60
Page 40, line 5, leave out “issued”
61
Page 40, line 6, after “to” insert “the issue of”
62
Page 40, line 7, leave out “issued”
63
Page 40, line 7, at end insert—

    “( )
In their application in relation to the issue of a warrant under section

19(4) or 22(1), sections 15 and 16 of that Act shall have effect with the

following modifications.

      ( )
In section 15—

(a)
in subsection (2), omit the words from the end of paragraph

(a)(ii) to the end of paragraph (b);

(b)
omit subsections (2A) and (5A);

(c)
in subsection (5), omit the words from “unless” to the end;

(d)
in subsection (6)(a), omit the words from the end of sub-

paragraph (iii) to the end of sub-paragraph (iv);

(e)
in subsection (7), omit the words from “(see” to the end.

      ( )
In section 16—

(a)
omit subsections (3A) and (3B);

(b)
in subsection (9), omit the words after paragraph (b).”
64
Page 40, line 8, leave out sub-paragraphs (2) to (4) and insert—

“1A(1)
This paragraph and paragraph 1B have effect in relation to the issue to

inspectors of warrants under section 27(4); and an entry on premises

under such a warrant is unlawful unless it complies with this paragraph

and paragraph 1B.

      (2)
Where an inspector applies for a warrant, he shall—

(a)
state the ground on which he makes the application,

(b)
state the enactment under which the warrant would be issued,

and

(c)
specify the premises which it is desired to enter.

      (3)
An application for a warrant shall be made without notice and

supported by an information in writing.

      (4)
The inspector shall answer on oath any question that the justice of the

peace hearing the application asks him.

      (5)
A warrant shall authorise an entry on one occasion only.

      (6)
A warrant shall specify—

(a)
the name of the person who applies for it,

(b)
the date on which it is issued, and

7

(c)
the enactment under which it is issued.

      (7)
Two copies shall be made of a warrant.

      (8)
The copies shall be clearly certified as copies.

1B  (1)
A warrant may be executed by any inspector.

      (2)
A warrant may authorise persons to accompany any inspector who is

executing it.

      (3)
A person authorised under sub-paragraph (2) has the same powers as

the inspector whom he accompanies in respect of the execution of the

warrant, but may exercise those powers only in the company, and under

the supervision, of an inspector.

      (4)
Execution of a warrant must be within three months from the date of its

issue.

      (5)
Execution of a warrant must be at a reasonable hour unless it appears to

the inspector executing it that the purpose of entry may be frustrated on

an entry at a reasonable hour.

      (6)
Where the occupier of premises which are to be entered under a warrant

is present at the time when an inspector seeks to execute it, the inspector

shall—

(a)
identify himself to the occupier and shall produce to him

documentary evidence that he is an inspector,

(b)
produce the warrant to him, and

(c)
supply him with a copy of it.

      (7)
Where—

(a)
the occupier of premises which are to be entered under a warrant

is not present when an inspector seeks to execute it, but

(b)
some other person who appears to the inspector to be in charge

of the premises is present,


sub-paragraph (6) shall have effect as if any reference to the occupier

were a reference to that other person.

      (8)
If there is no person present who appears to the inspector to be in charge

of the premises, he shall leave a copy of the warrant in a prominent place

on the premises.

      (9)
A warrant which—

(a)
has been executed, or

(b)
has not been executed within the time authorised for its

execution,


shall be returned to the designated officer for the local justice area in

which the justice of the peace who issued the warrant was acting when

he issued it.

    (10)
A warrant which is returned under sub-paragraph (9) shall be retained

by the officer to whom it is returned for 12 months from its return.

    (11)
If during the period for which a warrant is to be retained the occupier of

the premises to which it relates asks to inspect it, he shall be allowed to

do so.”
65
Page 42, line 14, leave out “the” and insert “any”

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66
Page 43, line 2, at end insert—

“Functions in connection with entry under section 19

    (1)
Where a person enters premises in exercise of a power of entry conferred

by section 19(1), or by a warrant under section 19(4), he may—

(a)
inspect an animal found on the premises;

(b)
remove a carcass found on the premises for the purposes of

carrying out a post-mortem examination on it;

(c)
remove for those purposes the carcass of an animal destroyed on

the premises in exercise of power conferred by section 18(3) or

(4);

(d)
take a photograph of anything on the premises.

    (2)
Where a person exercising a power of entry under section 19(1) takes

another person with him under paragraph 3, the other person may

exercise any power conferred by sub-paragraph (1) if he is in the

company, and under the supervision, of the person exercising the power

of entry.”
Schedule 3
67
Page 43, leave out lines 22 to 27 and insert—

““(b)
in relation to England and Wales, the expression “animal” means

a “protected animal” within the meaning of the Animal Welfare

Act 2006.””
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Page 45, line 18, leave out “36” insert “36(1)”
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Page 46, line 15, leave out “in relation to England and Wales,”
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Page 46, leave out lines 18 to 20