|
|
| |
| | |
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)” |
|
|
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 |
|
| |
| |
| (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. |
|
| |
| (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 |
|
| |
| (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, |
|
| |
| (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 |
|
|
|
| |
| | |
|
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| (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 |
|
| |
| |
| (a) | has been executed, or |
|
| (b) | has not been executed within the time authorised for its |
|
| |
| | 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 |
|
| |
| (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 |
|
| |
65 | Page 42, line 14, leave out “the” and insert “any” |
|
|
|
| |
| | |
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 |
|
| |
| (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 |
|
| |
|
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 |
|
| |
68 | Page 45, line 18, leave out “36” insert “36(1)” |
|
69 | Page 46, line 15, leave out “in relation to England and Wales,” |
|
70 | Page 46, leave out lines 18 to 20 |
|
|