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back to previous amendments
| | 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." |
| 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 VISCOUNT BLEDISLOE
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 VISCOUNT BLEDISLOE
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)." |
| | 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" |
| 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." |
| | THE LORD LIVSEY OF TALGARTH
THE LORD GREAVES |
| 246 | Page 4, line 34, leave out "or a refusal is expected" |
| | THE VISCOUNT BLEDISLOE
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 VISCOUNT BLEDISLOE
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" |
| 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)." |
| | 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."" |
| | THE BARONESS BYFORD
THE DUKE OF MONTROSE |
| 268 | Insert following new Clause— |
| | "Duty of Minister to dispose of carcasses |
| | In the 1981 Act the following section is inserted after section 35— |
| "35A | Duty of Minister to dispose of carcasses |
| (1) | The Minister shall have a duty to arrange, within 48 hours, for the disposal of the carcass of any animal under the provisions of this Act. |
| (2) | Where the Minister cannot provide for the disposal of a carcass within 48 hours, the animal shall be treated with vaccine instead of being slaughtered."" |
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