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
1	Animals to which the Act applies	53—"Animal"
2	"Protected animal"	54—General interpretation
3	Responsibility for animals	1—Cruelty 3—Welfare 54—General interpretation
Prevention of harm
4	Unnecessary Suffering	1—Cruelty
5	Mutilation	1—Cruelty
6	Administration of poisons etc	1—Cruelty
7	Fighting etc	2—Fighting etc
Promotion of welfare
8	Duty of person responsible for animal to ensure welfare	3—Welfare
9	Transfer of animals by way of sale or prize to persons under 16	4—Sale to persons under 16 5—Giving as prizes
10	Regulations to promote welfare	6—Regulations to promote welfare
Licensing and registration
11	Licensing or registration of activities involving animals	6—Regulations to promote welfare
Codes of practice
12	Codes of practice	7—Codes of practice
13	Making and approval of codes of practice: England	8—Making and approval of codes of practice: England
14	Making of codes of practice: Wales	9—Making of codes of practice: Wales
15	Revocation of codes of practice	10—Revocation of codes of practice
Animals in distress
16	Powers 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
17	Power of entry for section 16 purposes	14—Entry to search for and deal with animals in distress
18	Orders 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
19	Seizure of animals involved in fighting offences	21—Powers to take possession of, and retain, animals kept for fighting etc
20	Entry and search under warrant in connection with offences	41—Entry and search with a warrant
21	Inspection of records required to be kept by holder of licence	36—Inspection of records required to be kept by holder of licence
22	Inspection in connection with licences	37—Entry and inspection in connection with licensed activities
23	Inspection in connection with registration	New clause
24	Inspection of farm premises	38—Entry and inspection of farm premises
25	Inspection in relation to Community obligations	New clause
Prosecutions
26	Power of local authority to prosecute offences	42—Power of local authority to prosecute offences
27	Time limits for prosecutions	43—Time limits for prosecutions
Post-conviction powers
28	Imprisonment or fine	24—Imprisonment or fine
29	Deprivation	25—Deprivation
30	Disqualification	26—Disqualification
31	Seizure of animals in connection with disqualification	28—Seizure of animals in connection with disqualification
32	Section 31: supplementary	28—Seizure of animals in connection with disqualification
33	Destruction in the interests of the animal	30—Destruction in the interests of the animal
34	Destruction of animals involved in fighting offences	31—Destruction of fighting animals
35	Reimbursement of costs relating to animals involved in fighting offences	31—Destruction of fighting animals
36	Forfeiture of equipment used in fighting offences	New clause
37	Orders under section 29, 31, 33, 34 or 36: pending appeals	32—Orders under section 25, 28, 30 or 31: pending appeals
38	Orders with respect to licences	33—Orders with respect to licences
39	Termination of disqualification under section 30 or 38	34—Termination of disqualification under section 26 or 33
Scotland
40	Effect in Scotland of disqualification under section 30	New clause
41	Deprivation orders in connection with offence under section 40(2)	New clause
42	Seizure orders where disqualification breached: Scotland	New clause
43	Appeals against deprivation orders and seizure orders	New clause
44	Deprivation orders, seizure orders and interim orders: offences	New clause
General
45	Inspectors	44—Appointment of inspectors by local authorities 45—Protection of inspectors 54—General interpretation
46	Conditions 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
47	Powers of entry, inspection and search: supplementary	46—Powers of entry: supplementary
48	Power to stop and detain vehicles	47—Power to stop and detain vehicles
49	Power to detain vessels, aircraft and hovercraft	47—Power to stop and detain vehicles
50	Obtaining of documents in connection with carrying out orders etc	48—Obtaining of documents in connection with carrying out orders etc
51	Offences by bodies corporate	49—Offences by bodies corporate
52	Scientific research	50—Scientific research
53	Fishing	New clause
54	Crown application	51—Crown application
55	Orders and regulations	52—Orders and regulations
56	General interpretation	54—General interpretation
57	Financial provisions	New clause
58	Minor and consequential amendments	55—Minor and consequential amendments
59	Repeals	56—Repeals
60	Transition	New clause
61	Extent	57—Short title, commencement and extent
62	Commencement	57—Short title, commencement and extent
63	Short title	57—Short title, commencement and extent
Schedules
1	Regulations under section 11	New schedule replacing the licensing aspects of clause 6
2	Powers of entry, inspection and search: supplementary	Schedule 1—Powers of entry: supplementary
3	Minor and consequential amendments	Schedule 2—Minor and consequential amendments
4	Repeals	Schedule 3—Repeals
November 2005

---

---

---

Prepared 14 December 2005