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back to previous amendments
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 206 | Insert the following new Clause— |
| | "National contingency plan |
| | In the 1981 Act the following section is inserted after section 36— |
| "36A | National contingency plan |
| | The Government shall prepare and regularly maintain, in consultation with interested public and private bodies, a national contingency plan for foot-and-mouth disease and other specified diseases, which shall be laid before Parliament."" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 207 | Insert the following new Clause— |
| | Part 1 of this Act shall cease to have effect on 31st December 2004." |
| | THE LORD PEYTON OF YEOVIL |
| 208 | Page 3, line 18, leave out subsection (2) |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 209 | Page 3, line 19, leave out subsection (3) |
| | THE LORD PEYTON OF YEOVIL |
| 210 | Page 3, line 21, leave out "justice of the peace" and insert "petty sessional court with at least three justices of the peace sitting" |
| | THE LORD CAMPBELL OF ALLOWAY |
| 211 | Page 3, line 25, at end insert— |
| "( ) | The warrant shall be issued together with a certified copy of the sworn information." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 212 | Page 3, line 25, at end insert— |
| "( ) | Any person given notice under subsection (5)(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| 212A | Page 3, leave out lines 28 to 37 and insert— |
| "(5) | The second condition is that each of the following applies to the occupier of the premises— |
| (a) | he has been informed of the decision to seek entry to the premises and of the reasons for that decision; |
| (b) | he has failed to allow entry to the premises on being requested to do so by an inspector; |
| (c) | he has been informed of the decision to apply for the warrant. |
| (6) | The third condition is that— |
| (a) | the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or |
| (b) | an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 213 | Page 3, leave out lines 29 and 30 |
| | THE LORD PEYTON OF YEOVIL |
| 214 | Page 3, line 29, after "been" insert "unreasonably" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 215 | Page 3, line 29, leave out "or a refusal is expected" |
| | THE LORD JOPLING
THE LORD BEAUMONT OF WHITLEY |
| 216 | Page 3, line 32, at end insert "together with the name of the justice of the peace, the time and place where the justice of the peace will deal with the application, at which the occupier will have a chance to put contrary evidence" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 217 | Page 3, line 32, at end insert "and, in the view of the justice of the peace, adequate time has been given for representations to have been made" |
| | THE LORD WILLOUGHBY DE BROKE |
| 218 | Page 3, line 32, at end insert "stating the time and place at which such application is to be made, and informing the occupier of his right to attend and be heard" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 219 | Page 3, leave out lines 34 and 35 |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 220 | Page 3, line 36, at beginning insert "reasons have been given to believe that" |
| 221 | Page 3, line 37, at beginning insert "after due effort has been made by the inspector to establish contact with the owner if he is away from the premises," |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 222 | Page 3, line 37, at end insert "and was uncontactable during the previous 24 hours" |
| 223 | Page 3, line 37, at end insert— |
| "( ) | If animals are mistakenly slaughtered, the farmer shall receive compensation at a level of 100 per cent of the full market value immediately prior to slaughter plus interest from that day at base rate plus 5 per cent." |
| | THE LORD WILLOUGHBY DE BROKE |
| 224 | Page 3, line 37, at end insert— |
| "( ) | A warrant issued without notice to the occupier shall state on its face that the occupier may apply to the justice of the peace to have it set aside." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 225 | Page 4, line 4, after "persons" insert ", up to a maximum of 10," |
| 226 | Page 4, line 5, at end insert— |
| "(b) | such equipment as he thinks necessary." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 227 | Page 4, leave out lines 6 to 8 |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 228 | Page 4, line 6, leave out "any person" and insert "the owner of the livestock and his employees" |
| | THE LORD PEYTON OF YEOVIL |
| 229 | Page 4, line 6, leave out from "land" to "for" in line 7 and insert "to give such assistance as he is capable of giving" |
| 230 | Page 4, line 6, after "premises" insert "who falls within subsection (9A)" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 231 | Page 4, line 7, leave out "assistance as he reasonably needs" and insert "personal assistance as is reasonably necessary" |
| 232 | Page 4, line 7, leave out "reasonably needs" and insert "may reasonably require" |
| 233 | Page 4, line 8, at end insert— |
| "(9A) | The following persons fall within this subsection— |
| (a) | the occupier of the premises; |
| (b) | a person appearing to the inspector to have charge of animals on the premises; |
| (c) | a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b)." |
| 233A | Page 4, line 10, at end insert— |
| "( ) | If the inspector enters any premises by virtue of a warrant issued under subsection (3) he must at the time of entry— |
| (a) | serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises) |
| (b) | leave a copy of the warrant in a conspicuous place on the premises." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 234 | Page 4, line 11, leave out "month" and insert "week" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 235 | Page 4, line 12, at end insert "and the warrant shall be dated by the justice of the peace" |
| 235A | Page 4, line 12, at end insert— |
| "( ) | A warrant issued under subsection (3) must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency. |
| ( ) | In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry— |
| (a) | a copy of the warrant; |
| (b) | a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 236 | Page 4, line 15, at end insert "unless there are mitigating circumstances" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 237 | Page 4, line 15, at end insert "without good reason" |
| | THE LORD CAMPBELL OF ALLOWAY |
| 238 | Page 4, line 15, at end insert— |
| "( ) | The provisions of subsection (12) shall not create an offence if in the circumstances failure to give such required assistance was a reasonable and proportionate response having regard to the provisions of Article 9 of the European Convention on Human Rights. |
| ( ) | The Secretary of State may issue a code of practice as to the nature and extent of the requirement for assistance under subsections (8) and (9) which shall be subject to affirmative resolution in both Houses of Parliament."" |
| | THE LORD PEYTON OF YEOVIL |
| 239 | Page 4, line 17, leave out subsection (1) |
| 240 | Page 4, leave out line 22 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 241 | Page 4, line 22, after "anything" insert "reasonable" |
| 242 | Page 4, leave out lines 23 and 24 and insert— |
| "( ) | In this section and sections 62B, 62C and 62D premises excludes dwelling houses and buildings being used for non-agricultural purposes." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 243 | Page 4, line 28, after "satisfied" insert "and having heard representations from the owner and keeper of the livestock should they choose to make them within the given timescale," |
| | THE LORD CAMPBELL OF ALLOWAY |
| 244 | Page 4, line 30, at end insert— |
| "( ) | The warrant shall be issued together with a certified copy of the sworn information." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 245 | Page 4, line 30, at end insert— |
| "( ) | Any person given notice under subsection (3)(b) shall be entitled to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." |
| 245A | Page 4, line 33, leave out from beginning to end of line 1 on page 5 and insert— |
| "(3) | The second condition is that each of the following applies to the occupier of the premises— |
| (a) | he has been informed of the decision to seek entry to the premises and of the reasons for that decision; |
| (b) | he has failed to allow entry to the premises on being requested to do so by an inspector; |
| (c) | he has been informed of the decision to apply for the warrant. |
| (4) | The third condition is that— |
| (a) | the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or |
| (b) | an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 246 | Page 4, line 34, leave out "or a refusal is expected" |
| | THE LORD WILLOUGHBY DE BROKE |
| 247 | Page 4, line 37, at end insert "stating the time and place at which such application is to be made, and informing the occupier of his right to attend and be heard" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 248 | Page 4, leave out lines 39 and 40 |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 249 | Page 4, line 41, at beginning insert "reasons have been given to believe that" |
| 250 | Page 5, line 1, at beginning insert "after due effort has been made by the inspector to establish contact with the owner if he is away from the premises," |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 251 | Page 5, line 1, at end insert "and the inspector can demonstrate that in the previous 24 hours all reasonable efforts to contact the occupier have been made" |
| | THE LORD WILLOUGHBY DE BROKE |
| 252 | Page 5, line 1, at end insert— |
| "( ) | A warrant issued without notice to the occupier shall state on its face that the occupier may apply to the justice of the peace to have it set aside." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 253 | Page 5, line 2, leave out "month" and insert "week" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 254 | Page 5, line 3, at end insert "unless a justice of the peace is satisfied that there are reasonable grounds for concluding that the warrant should be revoked" |
| 254A | Page 5, line 3, at end insert— |
| "(6) | A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency. |
| (7) | In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry— |
| (a) | a copy of the warrant; |
| (b) | a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him." |
| 255 | Page 5, line 8, at end insert— |
| "(b) | such equipment as he thinks necessary." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 256 | Page 5, leave out lines 9 to 11 |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 257 | Page 5, line 9, leave out "any person" and insert "the owner of the livestock or his employees" |
| 258 | Page 5, line 9, after "premises" insert "who falls within subsection (3A)" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 259 | Page 5, line 10, leave out "assistance as he reasonably needs" and insert "personal assistance as is reasonably necessary" |
| 260 | Page 5, line 10, leave out "reasonably needs" and insert "may reasonably require" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 261 | Page 5, line 10, after "needs" insert "and that person can normally give" |
| 262 | Page 5, line 11, at end insert— |
| "(3A) | The following persons fall within this subsection— |
| (a) | the occupier of the premises; |
| (b) | a person appearing to the inspector to have charge of animals on the premises; |
| (c) | a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b)." |
| 262A | Page 5, line 11, at end insert— |
| "(3A) | If the inspector enters any premises by virtue of a warrant issued under section 62B he must at the time of entry— |
| (a) | serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises), |
| (b) | leave a copy of the warrant in a conspicuous place on the premises." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 263 | Page 5, line 17, leave out "(proof of which shall lie on him)" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES
THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 264 | Page 5, leave out lines 22 to 24 |
| | THE LORD PEYTON OF YEOVIL |
| 265 | Page 5, line 24, after "fails" insert "unreasonably" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 266 | Page 5, line 24, at end insert ", unless there are mitigating circumstances" |
| | THE LORD CAMPBELL OF ALLOWAY |
| 267 | Page 5, line 24, at end insert— |
| "( ) | The provisions of subsection (2) shall not create an offence if in the circumstances failure to give such required assistance was a reasonable and proportionate response having regard to the provisions of Article 9 of the European Convention on Human Rights. |
| ( ) | The Secretary of State may issue a code of practice as to the nature and extent of the requirement for assistance under section 62C(2) and (3) which shall be subject to affirmative resolution in both Houses of Parliament."" |
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