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


Annex B

KEY TO THE ANIMAL WELFARE BILL—COMPARISON OF STRUCTURES

Published Animal Welfare Bill of 14 October compared to Draft Animal Welfare Bill


Clause
in Bill
Title of Clause Related Clause(s) in
draft Bill and Title(s)

Introductory
1Animals to which the Act applies 53—"Animal"
2"Protected animal" 54—General interpretation
3Responsibility for animals 1—Cruelty

3—Welfare

54—General interpretation
  
 Prevention of harm
4Unnecessary Suffering 1—Cruelty
5Mutilation1—Cruelty
6Administration of poisons etc 1—Cruelty
7Fighting etc2—Fighting etc
  
 Promotion of welfare
8Duty of person responsible for animal to ensure welfare 3—Welfare
9Transfer of animals by way of sale or prize to persons under 16 4—Sale to persons under 16

5—Giving as prizes
10Regulations to promote welfare 6—Regulations to promote welfare
  
 Licensing and registration
11Licensing or registration of activities involving animals 6—Regulations to promote welfare
  
 Codes of practice
12Codes of practice7—Codes of practice
13Making and approval of codes of practice: England 8—Making and approval of codes of practice: England
14Making of codes of practice: Wales 9—Making of codes of practice: Wales
15Revocation of codes of practice 10—Revocation of codes of practice
  
 Animals in distress
16Powers in relation to animals in distress 11—Powers to take possession of, and retain, animals in distress

12—Powers to remove and care for animals in distress

13—Other powers in relation to animals in distress

20—Orders under section 16 or 17: financial provisions
17Power of entry for section 16 purposes 14—Entry to search for and deal with animals in distress
18Orders in relation to animals taken under section 16(5) 16—Orders in relation to animals owned or kept by the defendant

17—Orders for disposal of animals taken under section 11(1) or 16(1)

18—Orders for release of animals taken under section 11(1) or 16(1)

19—Powers in connection with orders under section 16(1) or 17(1)

20—Orders under section 16 or 17: financial provisions
  
 Enforcement powers
19Seizure of animals involved in fighting offences 21—Powers to take possession of, and retain, animals kept for fighting etc
20Entry and search under warrant in connection with offences 41—Entry and search with a warrant
21Inspection of records required to be kept by holder of licence 36—Inspection of records required to be kept by holder of licence
22Inspection in connection with licences 37—Entry and inspection in connection with licensed activities
23Inspection in connection with registration New clause
24Inspection of farm premises 38—Entry and inspection of farm premises
25Inspection in relation to Community obligations New clause
  
 Prosecutions
26Power of local authority to prosecute offences 42—Power of local authority to prosecute offences
27Time limits for prosecutions 43—Time limits for prosecutions
  
 Post-conviction powers
28Imprisonment or fine 24—Imprisonment or fine
29Deprivation25—Deprivation
30Disqualification26—Disqualification
31Seizure of animals in connection with disqualification 28—Seizure of animals in connection with disqualification
32Section 31: supplementary 28—Seizure of animals in connection with disqualification
33Destruction in the interests of the animal 30—Destruction in the interests of the animal
34Destruction of animals involved in fighting offences 31—Destruction of fighting animals
35Reimbursement of costs relating to animals involved in fighting offences 31—Destruction of fighting animals
36Forfeiture of equipment used in fighting offences New clause
37Orders under section 29, 31, 33, 34 or 36: pending appeals 32—Orders under section 25, 28, 30 or 31: pending appeals
38Orders with respect to licences 33—Orders with respect to licences
39Termination of disqualification under section 30 or 38 34—Termination of disqualification under section 26 or 33
  
 Scotland
40Effect in Scotland of disqualification under section 30 New clause
41Deprivation orders in connection with offence under section 40(2) New clause
42Seizure orders where disqualification breached: Scotland New clause
43Appeals against deprivation orders and seizure orders New clause
44Deprivation orders, seizure orders and interim orders: offences New clause
  
 General
45Inspectors44—Appointment of inspectors by local authorities

45—Protection of inspectors

54—General interpretation
46Conditions for grant of warrant 14—Entry to search for and deal with animals in distress

21—Powers to take possession of, and retain, animals kept for fighting etc

41—Entry and search with a warrant
47Powers of entry, inspection and search: supplementary 46—Powers of entry: supplementary
48Power to stop and detain vehicles 47—Power to stop and detain vehicles
49Power to detain vessels, aircraft and hovercraft 47—Power to stop and detain vehicles
50Obtaining of documents in connection with carrying out orders etc 48—Obtaining of documents in connection with carrying out orders etc
51Offences by bodies corporate 49—Offences by bodies corporate
52Scientific research 50—Scientific research
53FishingNew clause
54Crown application51—Crown application
55Orders and regulations 52—Orders and regulations
56General interpretation 54—General interpretation
57Financial provisions New clause
58Minor and consequential amendments 55—Minor and consequential amendments
59Repeals56—Repeals
60TransitionNew clause
61Extent57—Short title, commencement and extent
62Commencement57—Short title, commencement and extent
63Short title57—Short title, commencement and extent
  
 Schedules
1Regulations under section 11 New schedule replacing the licensing aspects of clause 6
2Powers of entry, inspection and search: supplementary Schedule 1—Powers of entry: supplementary
3Minor and consequential amendments Schedule 2—Minor and consequential amendments
4RepealsSchedule 3—Repeals

November 2005






 
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Prepared 14 December 2005