House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Animal Welfare Bill

Animal Welfare Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 26th April 2006, as follows—

Clauses 1 to 13
Schedule 1
Clauses 14 to 50
Schedule 2
Clauses 51 to 61
Schedule 3
Clause 62
Schedule 4
Clauses 63 to 66

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

1Page 1, line 19, at end insert—
"(   )  Before making regulations under subsection (3), the appropriate national authority must consult—
(a)  such persons appearing to them to represent relevant interests, and
(b)  such other persons,
 as they consider appropriate."
 

Clause 2

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

2Page 2, line 6, at end insert ", or
(   )  it is not a fox, rat, or any other wild animal adapting to domestic circumstances"
 

After Clause 2

 

THE LORD LUCAS

3Insert the following new Clause—
  "Wild animals
  For the purposes of section 2, an animal is living in a wild state if it appears to be, and if most animals of that species in that locality have not been, within the previous 18 months, under the control of man."
 

Clause 3

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

4Page 2, line 16, at end insert ", except where the former has only temporary care and control in lieu of parents or guardians"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

5Page 2, line 16, at end insert—
"(   )  For the purposes of this Act, a person does not relinquish responsibility of an animal by reason only of abandoning it."
 

Clause 4

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

6Page 2, line 20, after second "act" insert "where such an act can reasonably be expected"
 

THE LORD LUCAS

7Page 2, line 20, at end insert "substantially"
8Page 2, line 27, at end insert "substantially"
9Page 2, line 38, after "for" insert "or was associated with"
10Page 2, line 40, after "animal," insert—
    "(   )  the purpose of the continued existence of that species of animal,
    (   )  the purpose of benefiting the environment,"
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

11Page 2, line 41, leave out ", property"
 

After Clause 4

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD KIRKHILL

12Insert the following new Clause—
  "Circus animals
(1)  No person shall carry on the activity of training, keeping or using an animal for the purposes of, or as part of, a travelling circus.
(2)  For the purpose of this section, a travelling circus is a circus which operates from no single place of establishment.
(3)  A person commits an offence if he contravenes subsection (1).
(4)  The appropriate national authority shall by regulations exempt particular species of animals in specific circumstances from the provisions of subsection (1).
(5)  When making regulations in accordance with subsection (4), the national authority shall have regard to the individual welfare needs of the animals concerned."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

13Insert the following new Clause—
  "Wild animals in performance
(1)  This section applies to a live performance that includes wild animals as part of such a performance and which is open to the public on receipt of payment.
(2)  It is an offence to show wild animals as part of such a performance.
(3)  For the purposes of this section, a wild animal is an animal living in a wild state or an animal that has been captured from a wild state for the purpose of breeding in captivity."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

14Insert the following new Clause—
  "Electric collars
(1)  A person commits an offence if—
(a)  he attaches an electric collar to an animal if he knows it to be an electric collar; or
(b)  he knowingly uses or permits the use of any electric collar on any animal.
(2)  A person commits an offence if he has in his possession or under his control, or offers, exposes, or advertises for sale or supply, or sells or supplies, any electric collar intended for use on any animal.
(3)  In this section, "electric collar" means any collar or other device which is made, designed or adapted to transmit electric current or other electric impulse to cause shock, pain or other stimulus to an animal wearing, or otherwise in contact with, the collar but does not include a proximity collar.
(4)  In subsection (3), a "proximity collar" means a collar or other device which is made, designed or adapted to be used so that an electric current or other electric impulse is transmitted automatically when the collar is near to another device in order to prevent or deter the animal in question from entering or leaving any land."
 

Clause 5

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

15Page 3, line 17, leave out subsection (3)
 

After Clause 5

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

16Insert the following new Clause—
  "Cruel operations
(1)  A person commits an offence if he performs an operation on a protected animal without due care and humanity.
(2)  A person ("person A") who is responsible for an animal commits an offence if—
(a)  another person performs an operation on the animal without due care and humanity, and
(b)  person A—
(i)  permits that to happen, or
(ii)  fails to take such steps (whether by way of supervising the other person or otherwise) as are reasonable in the circumstances to prevent that happening.
(3)  This section is subject to the Protection of Animals (Anaesthetics) Act 1954 (c. 46)."
 

Clause 6

 

THE LORD SOULSBY OF SWAFFHAM PRIOR

17Page 3, line 41, leave out subsections (3) to (6)
 

THE LORD LUCAS

18Page 4, line 2, leave out from "surgeon" to "used" and insert "who has docked the dog's tail has certified that the dog is of a breed and lineage customarily"
 

THE LORD ROOKER

19Page 4, line 2, after "certified" insert ", in accordance with regulations made by the appropriate national authority,"
 

THE LORD SOULSBY OF SWAFFHAM PRIOR

20Page 4, line 2, after "that" insert "evidence has been produced to him, in accordance with regulations made by the appropriate national authority, that"
 

THE LORD ROOKER

21Page 4, line 8, at end insert ", and
(   )  that it is of a type specified for the purposes of this subsection by such regulations."
 

THE LORD LUCAS

22Page 4, line 8, at end insert—
"(   )  A veterinary surgeon who properly docks a dog's tail or issues a certificate under this section may not lawfully be subjected to any detriment as a result."
 

THE LORD ROOKER

23Page 4, line 16, leave out "under this section" and insert "by the appropriate national authority"
 

THE LORD LAIRD

24Page 4, line 23, leave out from beginning to first "subsection" in line 24
 

THE LORD ROOKER

25Page 4, line 34, after "appropriate" insert "national"
26Page 4, line 35, leave out paragraphs (a) and (b)
27Page 4, line 41, leave out "subsection (11)" and insert "this section"
28Page 4, line 41, after second "power" insert "—
(a)  to make different provision for different cases, and
(b)  "
29Page 4, line 42, leave out first "provision"
30Page 4, line 44, leave out "subsection (11)" and insert "this section"
 

Clause 7

 

THE LORD ROOKER

31Page 5, line 9, after "or" insert "reasonable"
32Page 5, line 16, after "or" insert "reasonable"
 

Clause 8

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

33Page 5, line 33, at end insert "unless that person is reporting an animal fight to the police"
34Page 5, line 39, leave out from "fight" to end
35Page 5, line 41, leave out paragraph (i)
36Page 6, line 5, leave out ", with the intention of supplying it"
37Page 6, line 6, leave out subsection (4)
38Page 6, line 17, leave out subsection (6)
 

After Clause 8

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

39Insert the following new Clause—
  "Pheasants and partridges
(1)  The person responsible for an animal to which this section applies commits an offence if the animal is kept otherwise than in accordance with this section.
(2)  An enclosure in which any pheasant is kept for the purpose of producing eggs must be of a kind which provides a minimum of one square metre of floor surface area per bird.
(3)  Pheasants shall only be kept in a laying pen described in subsection (2) for up to a maximum of six months in any one year.
(4)  After the laying period, pheasants which are not released into the wild must be moved to a separate enclosure which provides a minimum floor surface area of two square metres per bird.
(5)  An enclosure in which any partridge is kept for the purpose of producing eggs must—
(a)  be of a kind traditionally used for the keeping of partridges (commonly known as a partridge box), and
(b)  provide a floor surface area of no less than 0.55 square metres per bird.
(6)  Partridges shall only be kept in a box as described in subsection (5) for a maximum of six months in any one year.
(7)  After the laying period, partridges which are not released into the wild must be moved to a separate enclosure which provides a minimum floor surface area of one square metre per bird."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

40Insert the following new Clause—
  "Abandonment
(1)  A person commits an offence if he abandons an animal for which he is responsible.
(2)  A person commits an offence if he leaves an animal for which he is responsible and without reasonable excuse fails to make adequate provision for its welfare.
(3)  A person or persons who assume responsibility for the care of an abandoned animal may apply to a magistrates' court three months after an animal was abandoned and seek an order transferring legal ownership to that person or those persons."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

41Insert the following new Clause—
  "Sale of animals on the internet
(1)  The appropriate national authority shall by regulations make such provision as the authority thinks fit for the purpose of regulating the sale of animals on the internet.
(2)  Without prejudice to the generality of the power under subsection (1), the regulations shall, in particular, make provision with regard to persons who are involved in such sales but who are not themselves responsible for the animals concerned.
(3)  For the purposes of this section, selling an animal includes transferring, or agreeing to transfer, ownership of the animal in consideration of entry by the transferee into another transaction.
(4)  Power to make regulations under subsection (1) includes power—
(a)  to provide that breach of a provision of the regulations is an offence;
(b)  to apply a relevant post-conviction power in relation to conviction for an offence under the regulations;
(c)  to make provision for fees or other charges in relation to the carrying out of functions under the regulations;
(d)  to make different provision for different cases or areas;
(e)  to provide for exemptions from a provision of the regulations, either subject to specified conditions or without conditions;
(f)  to make incidental, supplementary, consequential or transitional provision or savings.
(5)  Power to make regulations under subsection (1) does not include power to create an offence triable on indictment or punishable with—
(a)  imprisonment for a term exceeding 51 weeks, or
(b)  a fine exceeding level 5 on the standard scale.
(6)  Regulations under subsection (1) may provide that a specified offence under the regulations is to be treated as a relevant offence for the purposes of section 22.
(7)  Before making regulations under subsection (1), the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate.
(8)  In this section, "specified" means specified in regulations under subsection (1).
(9)  Regulations under this section—
(a)  shall be made by statutory instrument, and
(b)  may not be made unless a draft has been laid before and approved by resolution of each House of Parliament."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

42Insert the following new Clause—
  "Greyhound welfare
(1)  Where racing tracks are not regulated by the relevant practising body, they shall be required to be so under this section.
(2)  For the purposes of this section, the relevant practising body is such body as from time to time the Secretary of State may by statutory instrument specify.
(3)  The relevant practising body shall issue guidance subject to approval by the appropriate national authority which provides for—
(a)  independent veterinary attendance at race meetings,
(b)  welfare protection for retiring racing greyhounds,
(c)  the identification of greyhounds employed for racing purposes,
(d)  the licensing of kennels, and
(e)  the maintenance of tracks."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2006
22 May 2006