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Animal Welfare Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 16th October 2006, as follows—

Clauses 1 to 13
Schedule 1
Clauses 14 to 51
Schedule 2
Clauses 52 to 62
Schedule 3
Clause 63
Schedule 4
Clauses 64 to 67

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 4

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

A1*Page 3, line 4, insert—
"(f)  whether the practice was a part of traditional animal husbandry in areas of mountain and moorland."
 

Clause 6

 

THE LORD ROOKER

1Page 4, line 3, at end insert ", that the first and second conditions mentioned below are met.
(4A)  The first condition referred to in subsection (4) is that there has been produced to the veterinary surgeon such evidence as the appropriate national authority may by regulations require for the purpose of showing"
2Page 4, line 9, leave out "and (b) that it" and insert—
"(4B)  The second condition referred to in subsection (4) is that the dog"
3Page 4, line 10, leave out "such"
4Page 4, line 11, at end insert "made by the appropriate national authority"
 

After Clause 8

 

THE BARONESS MILLER OF CHILTHORNE DOMER

5Insert the following new Clause—
  "Circus animals
(1)  For the purposes of a circus, a person commits an offence if he uses or keeps an animal not of a kind designated under subsection (2).
(2)  For the purposes of subsection (1), the Secretary of State may by regulation designate a kind of animal if he is satisfied, on the basis of scientific evidence, that the welfare needs of an animal of that kind is likely to be met if they are used or kept for the purposes of a circus.
(3)  In this section, "circus" means the keeping or introducing of animals wholly or mainly for the purpose of performing tricks or manoeuvres at more than one place during any period of one year."
6Insert the following new Clause—
  "Game birds
(1)  The Secretary of State shall, by regulations, establish a code of practice for the keeping of game birds within 18 months of the day on which this Act is passed.
(2)  The code shall specify for different species of game bird—
(a)  a minimum spacing requirement per bird for enclosures in which any game bird is kept for the purpose of producing eggs,
(b)  a maximum length of time for which game birds are to be kept in a laying pen, and
(c)  a minimum spacing requirement per bird for enclosure in which any game bird is kept for purposes other than producing eggs."
 

Clause 9

 

THE BARONESS MILLER OF CHILTHORNE DOMER

7Page 7, line 13, at end insert—
"(   )  For the purposes of identifying an animal's needs under subsections (1) and (2), the degree of domestication of the animal concerned shall be taken into account."
 

THE LORD PENDRY
THE LORD BILSTON
THE LORD HOYLE

8Page 7, line 19, at end insert—
"(   )  Nothing in this section applies to the offering of a goldfish as a prize."
 

Clause 10

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

9Page 7, line 43, at end insert—
"(   )  An inspector may amend an improvement notice."
 

After Clause 10

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD SOULSBY OF SWAFFHAM PRIOR

10Insert the following new Clause—
  "Greyhound welfare
(1)  The appropriate national authority shall provide regulations under section 12 to introduce licensing of all racing greyhounds' tracks within two years of the day on which this Act is passed.
(2)  The appropriate national authority shall issue guidance 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 11

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

11Page 8, line 19, leave out paragraph (a)
12Page 8, line 24, leave out subsection (6)
 

After Clause 11

 

THE BARONESS MILLER OF CHILTHORNE DOMER

13Insert the following new Clause—
  "Pet fairs
(1)  A person commits an offence if he—
(a)  sells an animal in the course of or in connection with a pet fair,
(b)  arranges a pet fair, or
(c)  knowingly participates in making, or carrying out, arrangements for a pet fair.
(2)  In this section, "pet fair" means an event—
(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, and
(c)  where any such sale is made (or is to be made) in the course of a business.
(3)  In subsection (2)(c), "in the course of a business" does not include a non-commercial exchange of animals.
(4)  In this section, "pet fair" does not mean an event held in the ordinary course of a business that consists wholly or mainly for the keeping or selling of animals at premises ordinarily occupied for the purposes of that business.
(5)  For the purposes of this section—
(a)  "selling" an animal includes—
(i)  offering or exposing it for sale,
(ii)  exchanging it, or offering or exposing it for exchange,
(iii)  transferring, or agreeing to transfer, ownership of it in consideration of entry by the transferee into another transaction;
(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.""
 

Clause 12

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

14Page 8, line 29, at end insert—
"(   )  Regulations promoting the welfare of animals under subsection (1) may only be made if the appropriate national authority is satisfied, on the basis of scientific evidence in the public domain, that those regulations are necessary to promote welfare."
 

Clause 13

 

THE LORD ROOKER

15Page 10, line 1, at end insert—
"(   )  Before making regulations under this section, the appropriate national authority shall consult such persons appearing to the authority to represent any interests concerned as the authority considers appropriate."
 

Clause 15

 

THE LORD ROOKER

16Page 10, line 25, leave out "such persons"
17Page 10, line 25, after "draft" insert "such persons appearing to him to represent any interests concerned"
18Page 10, line 25, leave out "thinks fit" and insert "considers appropriate"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

19Page 10, line 30, leave out subsections (3) and (4) and insert—
"(   )  A code of practice shall not be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament."
20Page 10, line 38, leave out subsection (6)
21Page 11, line 1, leave out subsection (8)
 

Clause 16

 

THE LORD ROOKER

22Page 11, line 14, leave out "such persons"
23Page 11, line 14, after "draft" insert "such persons appearing to it to represent any interests concerned"
24Page 11, line 14, leave out "thinks fit" and insert "considers appropriate"
 

Clause 17

 

THE LORD ROOKER

25Page 11, line 24, at end insert—
"(3)  Before making an order 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.
(4)  Subsection (3) does not apply in relation to an order revoking a code of practice in connection with its replacement by a new one."
 

Clause 18

 

THE LORD ROOKER

26Page 12, line 37, at end insert—
"(   )  A person affected by a decision under subsection (13) may appeal against the decision to the Crown Court."
 

Clause 20

 

THE LORD ROOKER

27Page 13, line 28, leave out "An order under" and insert "The power conferred by"
28Page 13, line 28, leave out "may be made" and insert "shall be exercisable"
29Page 13, line 28, leave out ", by way of complaint for an order,"
 

After Clause 20

 

THE LORD ROOKER

30Insert the following new Clause—
"20AOrders under section 20: appeals
(1)  Where a court makes an order under section 20(1), the owner of the animal to which the order relates may appeal against the order to the Crown Court.
(2)  Nothing may be done under an order under section 20(1) unless—
(a)  the period for giving notice of appeal against the order has expired, and
(b)  if the order is the subject of an appeal, the appeal has been determined or withdrawn.
(3)  Where the effect of an order is suspended under subsection (2)—
(a)  no directions given in connection with the order shall have effect, but
(b)  the court may give directions about how any animal to which the order applies is to be dealt with during the suspension.
(4)  Directions under subsection (3)(b) may, in particular—
(a)  appoint a person to carry out, or arrange for the carrying out, of the directions;
(b)  require any person who has possession of the animal to deliver it up for the purposes of the directions;
(c)  confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the directions;
(d)  provide for the recovery of any expenses which are reasonably incurred in carrying out the directions.
(5)  Where a court decides on an application under section 20(3)(a) not to exercise the power conferred by subsection (1) of that section, the applicant may appeal against the decision to the Crown Court.
(6)  Where a court makes an order under section 20(5)(d), the person against whom the order is made may appeal against the order to the Crown Court."
 

Clause 32

 

THE LORD ROOKER

31Page 18, line 8, leave out "this section" and insert "subsection (1) or (2)"
32Page 18, line 11, leave out "this section" and insert "subsection (1) or (2)"
33Page 18, line 25, leave out "this section" and insert "subsection (1) or (2)"
 

Clause 33

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

34Page 19, line 2, at end insert ", and
(   )  from riding or driving animals"
 

THE LORD ROOKER

35Page 19, line 25, after "disqualification" insert "imposed by an order"
36Page 19, line 25, leave out "(2), (3) or (4)" and insert "(1)"

 
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©Parliamentary copyright 2006
23 October 2006