Animal Health Bill
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the instruction of 18th July 2002, as follows—
Clause 5
Schedule 2
Clause 14
Clauses 1 to 3 | Schedule 1
Clause 4
Clauses 6 to 13
Clauses 15 to 18 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1* | Page 3, line 10, leave out "transmissible spongiform encephalopathies" and insert "scrapie" |
| 2* | Page 3, line 11, at end insert— |
| "( ) | In the TSE (England) Regulations 2002 (S.I. 2002/843), at each place where it occurs, in relation to scrapie in sheep for "susceptible" there shall be substituted "suspect"." |
| 3* | Page 3, line 11, at end insert— |
| "( ) | Regulation 4(2)(k) of the TSE (England) Regulations 2002 (S.I. 2002/843) is revoked in so far as it relates to scrapie in sheep." |
| 4* | Page 3, line 11, at end insert— |
| "( ) | In Regulation 4(2)(m) of the TSE (England) Regulations 2002 (S.I. 2002/843), in so far as it relates to scrapie in sheep, after third "any" there is inserted "relevant"." |
| 5* | Page 3, line 11, at end insert— |
| "( ) | Regulation 28(2)(a)(ii) of the TSE (England) Regulations 2002 (S.I. 2002/843) is revoked in so far as it relates to scrapie in sheep." |
| 6* | Page 3, line 11, at end insert— |
| "( ) | In regulation 28(2)(o) of the TSE (England) Regulations 2002 (S.I. 2002/843), in so far as it relates to scrapie in sheep, after third "any" there is inserted "relevant"." |
| 7* | Page 3, line 11, at end insert— |
| "( ) | In regulation 28(4)(a) of the TSE (England) Regulations 2002 (S.I. 2002/843), in so far as it relates to scrapie in sheep, the words "or a refusal is expected" are omitted." |
| 8* | Page 3, line 11, at end insert— |
| "( ) | In regulation 28(4)(b) of the TSE (England) Regulations 2002 (S.I. 2002/843), in so far as it relates to scrapie in sheep, the words "an application for admission, or the giving of such a notice, would defeat the object of the entry," are omitted." |
| 9* | Page 3, line 11, at end insert— |
| "( ) | Regulation 28(8) of the TSE (England) Regulations 2002 (S.I. 2002/843), is revoked in so far as it relates to scrapie in sheep." |
| 10* | Page 3, line 11, at end insert— |
| "( ) | Regulation 28(9) of the TSE (England) Regulations 2002 (S.I. 2002/843), is revoked in so far as it relates to scrapie in sheep." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| 11 | Page 14, line 37, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 12 | Page 14, line 37, leave out ", in his opinion," |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 13 | Page 14, line 37, leave out ", in his opinion," and insert "he has evidence to prove" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 14 | Page 14, line 37, leave out "his opinion" and insert "the opinion of the chief veterinary officer and the President of the British Veterinary Association" |
| 15 | Page 14, line 38, leave out "are more susceptible than other sheep genotypes" and insert "have a Risk rating of greater than that presently defined as R3" |
| 16 | Page 14, line 38, leave out "more susceptible than other sheep genotypes" and insert "most susceptible" |
| 17 | Page 15, line 3, leave out from "encephalopathy" to end of line 4 |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 18* | Page 15, line 4, at end insert— |
| "(c) | subject to the guidelines outlined in a national scrapie plan, which shall be drafted by the Minister in consultation with relevant individuals and organisations, and which shall not be made unless laid in draft before, and approved by a resolution of, both Houses of Parliament." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 19 | Page 15, line 4, at end insert— |
| "( ) | The Ministry must, at the same time, publish their reasons and the scientific evidence behind the making of the order." |
| 20 | Page 15, line 7, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 21 | Page 15, line 12, at end insert "provided that the device can be administered or attached without causing pain to the animal and without any danger of its becoming detached other than by deliberate removal" |
| 22 | Page 15, line 21, at end insert— |
| "( ) | make provision with respect to the storage of samples for a period of not less than six months;" |
| 23 | Page 15, line 23, after "of" insert "individual" |
| 24 | Page 15, line 23, at end insert— |
| "(e) | require the Minister to defray any costs of the keeper in respect of the identification and testing of any sheep" |
| 25 | Page 15, line 23, at end insert— |
| "(e) | provide for the Minister to defray any costs of the keeper in respect of the identification and testing of any sheep" |
| 26 | Page 15, line 25, leave out "it appears to the Minister" and insert "genotype testing has been established" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 27 | Page 15, line 25, leave out "it appears" and insert "firm evidence has given" |
| 28 | Page 15, line 25, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 29 | Page 15, line 25, leave out "a" and insert "an individual" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 30 | Page 15, line 26, at end insert— |
| "(1A) | The Minister in exercising his powers under this section shall pay due regard to the 1992 Convention on Biodiversity." |
| 31* | Page 15, leave out lines 27 and 28 and insert— |
| "(2) | The Minister may implement the provisions outlined under this section upon receipt of confirmation by independent scientific opinion that there are an adequate number of rams, ewes and lambs of specified breeds to ensure sufficient breeding to sustain different breeds in the national flock. |
| (2A) | The Minister shall by order identify those independent scientific individuals and organisations requiring consultation on the implementation of the measures outlined in this section. |
| (2B) | An order under subsection (2A) will not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament." |
| 32 | Page 15, line 27, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 33 | Page 15, line 28, leave out "allowing the sheep to be used for breeding" and insert "banning breeding from the sheep" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 34* | Page 15, leave out lines 29 to 32 and insert— |
| "( ) | Upon completion of the provisions outlined in section subsection (2), the Minister shall establish— |
| (a) | a restriction notice in which the restrictions and the requirements imposed by subsections (7) to (9) apply in relation to sheep after the completion of four years following the commencement of the eradication scheme with pedigree flocks; and |
| (b) | a further target date for the national commercial sheep flock of the eradication of genes susceptible to scrapie." |
| 35 | Page 15, line 29, leave out "it appears" and insert "compelling scientific evidence is presented" |
| 36 | Page 15, line 29, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 37 | Page 15, line 34, after "sheep," insert "provided each has shown the specified level of susceptibility," |
| 38 | Page 15, line 35, leave out lines 35 and 36 |
| 39 | Page 15, line 36, leave out "Minister" and insert "Secretary of State" |
| 40 | Page 15, line 38, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 41 | Page 15, line 38, leave out "may" and insert "shall" |
| 42 | Page 16, line 4, at end insert "other than for authenticated research purposes, or for the establishment or continuation of a sperm or egg bank" |
| 43* | Page 16, leave out lines 8 to 13 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 44 | Page 16, line 11, leave out "given" and insert "received" |
| 45 | Page 16, line 12, leave out "seven" and insert "twelve" |
| 46 | Page 16, line 16, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 47 | Page 16, line 18, leave out "brought" and insert "notified to the appeal court" |
| 48 | Page 16, line 21, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 49 | Page 16, line 23, at end insert— |
| "(3A) | Notification of an appeal will suspend arrangements under section 36C(9)(a) or (b). |
| (3B) | Arrangements suspended under subsection (3A) will be reinstated only in the event of the assessor refusing the appeal." |
| 50 | Page 16, line 23, at end insert— |
| "( ) | Notification of an appeal will suspend arrangements under 36C(9)(a) or (b)." |
| 51 | Page 16, leave out lines 24 and 25 and insert— |
| "( ) | The appeal shall be limited to the individual sheep specified by the appellant." |
| 52 | Page 16, line 25, at end insert— |
| "( ) | The restriction notice shall contain instructions for— |
| (a) | making an appeal, and |
| (b) | applying for an extension prior to an appeal." |
| 53 | Page 16, line 32, leave out "require" and insert "specify that" |
| 54 | Page 16, line 33, leave out "to" |
| 55 | Page 16, line 34, leave out "to" |
| 56 | Page 16, line 36, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 57 | Page 16, line 36, leave out "may" and insert "shall" |
| 58 | Page 16, line 38, leave out "may" and insert "shall" |
| 59 | Page 16, line 39, at end insert "and may make provision" |
| 60 | Page 17, line 3, at end insert— |
| | "and the appellant will not be liable for costs where the further tests are negative" |
| 61 | Page 17, line 9, leave out "Minister" and insert "Secretary of State" |
| 62 | Page 17, line 18, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 63 | Page 17, line 18, leave out "he considers appropriate" and insert "are necessary" |
| 64 | Page 17, line 20, leave out "Minister" and insert "Secretary of State" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 65 | Page 17, line 21, at end insert "subject to section 36C (1A)" |
| 66 | Page 17, line 26, leave out "Minister" and insert "Secretary of State" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 67 | Page 17, line 29, leave out from beginning to end of line 3 on page 18 and insert— |
| "(1) | It shall be an offence knowingly to misrepresent the status of a sheep, or its eggs or semen, as scrapie free. |
| (2) | An inspector may at any time require for inspection any relevant records to establish the movements and breeding history of that sheep." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 68 | Page 17, line 29, leave out "is given" and insert "has been delivered" |
| 69 | Page 17, line 37, after "he" insert "knowingly" |
| 70 | Page 17, line 38, leave out from "which" to second "has" |
| 71 | Page 18, line 1, leave out "or any other person" |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 72 | Page 18, leave out lines 5 to 15 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 73 | Page 18, line 6, leave out "at all reasonable times" and insert "between 9am and 5pm (Monday to Friday)" |
| 74 | Page 18, line 14, leave out ", if required," |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 75 | Page 18, leave out lines 16 to 36 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 76 | Page 18, line 17, leave out "sworn information in writing" and insert ", application to his court," |
| 77 | Page 18, line 21, 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." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 78 | Page 18, line 26, leave out "or a refusal is expected" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 79 | Page 18, leave out lines 31 and 32 |
| 80 | Page 18, line 35, after "warrant" insert ", which must be dated," |
| 81 | Page 19, line 2 , at end insert— |
| "(b) | such equipment as he thinks necessary." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 82 | Page 19, leave out lines 3 to 5 |
| 83 | Page 19, line 3, after "premises" insert "who falls within subsection (3A)" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 84 | Page 19, line 4, leave out "he reasonably needs" and insert "the latter reasonably can" |
| 85 | Page 19, line 4, leave out "reasonably needs" and insert "may reasonably require" |
| 86 | Page 19, line 5, 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)." |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 87 | Page 19, line 9, leave out "seize and detain" and insert "copy" |
| 88 | Page 19, line 11, at end insert— |
| | "(4A) Where it is not possible to take copies of relevant records on the premises under subsection (4)(b), any records which are removed to be copied shall be returned to the owner within 48 hours." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 89 | Page 19, leave out lines 14 to 23 |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 90 | Page 19, line 23, after "fails" insert ", without good reason," |
| 91 | Page 19, line 26, leave out "Minister" and insert "Secretary of State" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 92 | Page 19, line 26, leave out "may" and insert "shall" |
| 93 | Page 19, line 27, after "compensation" insert "to the full value of the animal immediately before slaughter and" |
| 94 | Page 19, line 30, after "make" insert "an order or" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 95 | Page 19, line 35, at end insert— |
| | ""assessor" means a person holding a veterinary qualification and farm animal experience but who is neither a civil servant nor a government employee;" |
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