Select Committee on Environment, Food and Rural Affairs Minutes of Evidence

Annex A

KEY TO THE ANIMAL WELFARE BILL—COMPARISON OF STRUCTURES

  Draft Animal Welfare Bill compared to Animal Welfare Bill published 14 October

Clause in draft Bill	Title of Clause	Related Clause(s) in Introduced Bill and Title(s)
Specific offences relating to animals
1	Cruelty	4—Unnecessary Suffering 5—Mutilation 6—Administration of poisons etc
2	Fighting etc	7—Fighting etc
3	Welfare	8—Duty of person responsible for animal to ensure welfare
4	Sale to persons under 16	9—Transfer of animals by way of sale or prize to persons under 16
5	Giving as prizes	9—Transfer of animals by way of sale or prize to persons under 16
Animal welfare regulations and guidance
6	Regulations to promote welfare	10—Regulations to promote welfare 11—Licensing or registration of activities involving animal Schedule 1—Regulations under section 11
7	Codes of practice	12—Codes of practice
8	Making and approval of codes of practice: England	13—Making and approval of codes of practice: England
9	Making of codes of practice: Wales	14—Making of codes of practice: Wales
10	Revocation of codes of practice	15—Revocation of codes of practice
Animals in distress: general
11	Powers to take possession of, and retain, animals in distress	16—Powers in relation to animals in distress
12	Powers to remove and care for animals in distress	16—Powers in relation to animals in distress
13	Other powers in relation to animals in distress	16—Powers in relation to animals in distress
14	Entry to search for and deal with animals in distress	17—Power of entry for section 16 purposes 46—Conditions for grant of warrant 48—Power to stop and detain vehicles 49—Power to detain vessels, aircraft and hovercraft
Animals in distress: proceedings pending
15	Application of sections 16 to 19	Clause deleted
16	Orders in relation to animals owned or kept by the defendant	18—Orders in relation to animals taken under section 16(5)
17	Orders for disposal of animals taken under section 11(1) or 16(1)	18—Orders in relation to animals taken under section 16(5)
18	Orders for release of animals taken under section 11(1) or 16(1)	18—Orders in relation to animals taken under section 16(5)
19	Powers in connection with orders under section 16(1) or 17(1)	18—Orders in relation to animals taken under section 16(5)
20	Orders under section 16 or 17: financial provisions	16—Powers in relation to animals in distress 18—Orders in relation to animals taken under section 16(5)
Animals kept for fighting etc
21	Powers to take possession of, and retain, animals kept for fighting etc	19—Seizure of animals involved in fighting offences
22	Powers to remove and care for animals kept for fighting etc	19—Seizure of animals involved in fighting offences
23	Entry to search for and take possession of animals kept for fighting etc	19—Seizure of animals involved in fighting offences 46—Conditions for grant of warrant 48—Power to stop and detain vehicles 49—Power to detain vessels, aircraft and hovercraft
Powers following conviction
24	Imprisonment or fine	28—Imprisonment or fine
25	Deprivation	29—Deprivation
26	Disqualification	30—Disqualification
27	Duty to explain non-exercise of powers under sections 25 and 26	29—Deprivation 30—Disqualification
28	Seizure of animals in connection with disqualification	31—Seizure of animals in connection with disqualification 32—Section 31: supplementary
29	Seizure under section 28: financial provisions	32—Section 31: supplementary
30	Destruction in the interests of the animal	33—Destruction in the interests of the animal
31	Destruction of fighting animals	34—Destruction of animals involved in fighting offences 35—Reimbursement of costs relating to animals involved in fighting offences
32	Orders under section 25, 28, 30 or 31: pending appeals	37—Orders under section 29, 31, 33, 34 or 36: pending appeals
33	Orders with respect to licences	38—Orders with respect to licences
34	Termination of disqualification under section 26 or 33	39—Termination of disqualification under section 30 or 38
Enforcement powers
35	Arrest without warrant	Clause deleted
36	Inspection of records required to be kept by licence	21—Inspection of records required to be kept by holder of licence
37	Entry and inspection in connection with licensed activities	22—Inspection in connection with licences
38	Entry and inspection of farm premises	24—Inspection of farm premises
39	Entry and search without a warrant	Clause deleted
40	Entry and search by force without a warrant	Clause deleted
41	Entry and search with a warrant	20—Entry and search under warrant in connection with offences 46—Conditions for grant of warrant 48—Power to stop and detain vehicles 49—Power to detain vessels, aircraft and hovercraft
Prosecutions
42	Power of local authority to prosecute offences	26—Power of local authority to prosecute offences
43	Time limits for prosecutions	27—Time limits for prosecutions
Inspectors
44	Appointment of inspectors by local authorities	45—Inspectors
45	Protection of inspectors	45—Inspectors
General
46	Powers of entry: supplementary	47—Powers of entry, inspection and search: supplementary
47	Power to stop and detain vehicles	48—Power to stop and detain vehicles 49—Power to detain vessels, aircraft and hovercraft
48	Obtaining of documents in connection with carrying out orders etc	50—Obtaining of documents in connection with carrying out orders etc
49	Offences by bodies corporate	51—Offences by bodies corporate
50	Scientific research	52—Scientific research
51	Crown application	54—Crown application
52	Orders and regulations	55—Orders and regulations
53	"Animal"	1—Animals to which the Act applies
54	General interpretation	56—General interpretation 2—"Protected animal" 45—Inspectors
55	Minor and consequential amendments	58—Minor and consequential amendments
56	Repeals	59—Repeals
57	Short title, commencement and extent	63—Short title 62—Commencement 61—Extent
Schedules
1	Powers of entry: supplementary	Schedule 2—Powers of entry, inspection and search: supplementary
2	Minor and consequential amendments	Schedule 3—Minor and consequential amendments
3	Repeals	Schedule 4—Repeals

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Prepared 14 December 2005