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Animals Act 1971 (Amendment) Bill


 

Animals Act 1971 (Amendment) Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Environment, Food

and Rural Affairs with the consent of Mr Stephen Crabb, the Member in charge of the

Bill, are published separately as Bill 18—EN.

 
Bill 18 54/3
 

 


 

Animals Act 1971 (Amendment) Bill

 

 
 

Contents

1   

Liability for damage by animals

2   

Short title

 

Bill 18                                                                                                 

54/3

 
 

Animals Act 1971 (Amendment) Bill

1

 

A

Bill

To

Amend the Animals Act 1971 to limit strict liability for damage done by

animals. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Liability for damage by animals

(1)   

Section 2 of the Animals Act 1971 (c. 22) (liability for dangerous animals) is

amended as follows.

(2)   

For subsection (2)(b) (non-dangerous species: special characteristics)

substitute—

5

“(b)   

the damage was due to an unusual or conditional characteristic

of the animal;”.

(3)   

In subsection (2)(c)—

(a)   

for “those characteristics” substitute “that characteristic, in the case of

an unusual characteristic,” and

10

(b)   

for “were” (in each place) substitute “was”.

(4)   

After subsection (2) insert—

“(2A)   

A characteristic of an animal is unusual if it is not shared by animals of

that species generally.

(2B)   

A characteristic of an animal is conditional if it is shared by animals of

15

that species generally, but only in particular circumstances.

(2C)   

Subsection (2)—

(a)   

applies by virtue of a conditional characteristic only if the

damage was caused in the particular circumstances (or one of

them), and

20

(b)   

does not apply by virtue of a conditional characteristic if the

keeper of the animal at the time when the damage was caused

shows that there was no particular reason to expect that those

circumstances would arise at that time.”

 

Bill 18                                                                                                 

54/3

 
 

Animals Act 1971 (Amendment) Bill

2

 

2       

Short title

This Act may be cited as the Animals Act 1971 (Amendment) Act 2008.

 
 

 
 
   
     
 

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