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Amendments to the Animal Welfare Bill

Animal Welfare Bill


SECOND
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 8 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 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."
 

Clause 9

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

43Page 7, line 7, at end insert "in which to live, play and exercise"
44Page 7, line 17, at end insert—
"(   )  If a person releases an animal into the wild in circumstances not likely to cause that animal any unnecessary suffering, that person shall cease to be responsible for that animal and, in this subsection, the circumstances in which an animal is released shall include the ability of the released animal to fend for itself."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

45Page 7, line 17, at end insert—
"(   )  For the purpose of subsection (1), a person shall have regard to whether an animal is—
(a)  of a domesticated species; or
(b)  of a non-domesticated species,
  and exercise that regard in satisfying his duty of care to the animal."
46Page 7, line 17, at end insert—
"(   )  A non-domesticated animal may be—
(a)  a wild animal; or
(b)  a kept animal of a species that has not developed physiological and behavioural traits predisposing it to human company after multiple generations of captive breeding."
 

Clause 10

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

47Page 7, line 41, at end insert—
"(   )  The recipient of an improvement notice may, within 21 days of its issue, lodge with the inspector's appointing authority a statement of the provisions that he feels are unreasonable; and such a statement will not preclude attempts to meet those provisions but may be taken into account at any subsequent court proceedings."
 

THE LORD SOULSBY OF SWAFFHAM PRIOR

48Page 7, line 41, at end insert—
"(   )  It is an offence to fail to comply with an improvement notice."
 

After Clause 10

 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

49Insert the following new Clause—
  "Pet thefts
(1)  A person commits an offence if he steals a protected animal.
(2)  A person guilty of an offence under subsection (1) shall be liable to—
(a)  imprisonment for a term not exceeding 51 weeks, or
(b)  a fine not exceeding £20,000,
  or to both."
50Insert the following new Clause—
  "Offering animals as prizes
(1)  A person commits an offence if he offers or gives an animal to another person as a prize.
(2)  Subsection (1) does not apply where the prize is offered or given in a family context."
51Insert the following new Clause—
  "Prohibition on keeping certain animals
(1)  The appropriate national authority shall by regulations prohibit the keeping at—
(a)  domestic premises, or
(b)  other premises,
 of any animals of a kind specified in the regulations, which shall include primates.
(2)  For the purposes of subsection (1)(b), "other premises" means premises of such other type described in regulations, which shall not include zoos licensed under the Zoo Licensing Act 1981 (c. 7).
(3)  Regulations under subsection (1) must be for the purpose of securing the welfare of animals.
(4)  In considering the premises, the appropriate national authority shall have regard to the extent to which adequate provision for the welfare of animals of the kind in question could be and is likely to be made."
52Insert the following new Clause—
  "Abandonment
(1)  A person commits an offence if, without reasonable excuse, he—
(a)  abandons an animal for which he is responsible, and
(b)  does so in circumstances likely to cause it unnecessary suffering.
(2)  A person commits an offence if he leaves unattended an animal for which he is responsible and fails to make adequate provision for its welfare.
(3)  The considerations to which regard is to be had in determining, for the purposes of subsection (2), whether such provision has been made include—
(a)  the kind of animal concerned, its age and state of health,
(b)  the length of time for which it is, or has been, left, and
(c)  what it reasonably requires by way of—
(i)  food and water, and
(ii)  shelter and warmth."
 

Clause 11

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

53Page 8, line 2, leave out from second "person" to end of line 3 and insert "who is under the age of 16 years unless he has reason to believe that that person is 16 or older"
54Page 8, line 16, leave out "accompanied by" and insert "in the care and control of"
55Page 8, line 19, leave out paragraph (a)
56Page 8, line 24, leave out subsection (6)
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

After Clause 11

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

57Insert the following new Clause—
  "Pet fairs
(1)  A person commits an offence if he sells an animal in the course of a pet fair.
(2)  A person commits an offence if he arranges a pet fair or knowingly participates in making, or carrying out, arrangements for a pet fair.
(3)  In this section, "pet fair" means an event—
7(a)  which is open to the public (whether on payment or otherwise),
(b)  at which animals are sold (or which is held with a view to the sale of animals) as pets,
(c)  where any such sales are made (or are to be made) by more than one person who is making (or will be making) such sales in the course of the carrying on by him of a business of selling animals as pets, and
(d)  where the selling of animals is within the purposes for which the event is held (or is to be held) or is permitted (or is to be permitted) by the organiser of the event.
(4)  But where a business consists wholly or mainly of the keeping or selling of animals, an event held in the ordinary course of that business at premises ordinarily occupied for the purposes of that business is not a pet fair.
(5)  For the purposes of this section—
(a)  "selling" an animal includes—
(i)  offering, exposing or displaying it for sale,
(ii)  exchanging it, or offering, exposing or displaying it for exchange, and
(iii)  transferring or agreeing to transfer ownership of it in consideration of entry by the transferee into another transaction,
  provided that, pursuant to any such sale, exchange or transfer, there is, or is intended to be, a physical transfer of control of the animal on the day of the event, either at the place where the event is being held or in the immediate vicinity thereof;
(b)  the sale of an animal "as a pet" includes its sale for private captivity or private husbandry, but does not include its sale for any purpose relating to agriculture."
 

THE BARONESS MILLER OF CHILTHORNE DOMER
THE LORD GREAVES
[As an amendment to amendment 57]

58Line 7, leave out paragraphs (a) to (d) and insert "in a public place where commercial exchange of animals takes place not including activities of pet shops on their own premises.
(3A)  In this section, "pet fair" does not mean—
(a)  an organised one day event (a table show) open only to members of a society where no exchange of animals takes place that conforms to any relevant code of practice,
(b)  an organised one day event (an inter-society table show) by one or more local societies open only to members of a society where non-commerical exchange of animals between members may take place that conforms to any relevant code of practice, or
(c)  an event in a public place (a society open show) open to all where non-commerical exchange of animals may take place and some commercial sale of items relating to the keeping of animals but no commercial exchange of animals."

 
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©Parliamentary copyright 2006
24 May 2006