Animal Welfare Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 40

 

THE LORD ROOKER

37Page 23, line 17, after "36" insert "or"
38Page 23, line 17, after "37" insert "with respect to an animal"
39Page 23, line 17, after "or" insert "an order under section"
 

After Clause 43

 

THE LORD ROOKER

40Insert the following new Clause—
"43AOrders for reimbursement of expenses: right of appeal for non-offenders
(1)  Where a court makes an order to which this section applies, the person against whom the order is made may—
(a)  in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;
(b)  in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.
(2)  This section applies to—
(a)  an order under section 35(1)(e) against a person other than the person subject to disqualification, and
(b)  an order under section 36(3)(e), 37(3)(e) or 38(1) against a person other than the offender."
 

Clause 49

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

40A*Page 29, line 17, at end insert—
"(   )  Where a person, other than a state Veterinary Inspector is to be appointed under this section, that person will not present evidence without the approval of that evidence by a State Veterinary Inspector."
 

Schedule 2

 

THE LORD ROOKER

41Page 40, line 5, after first "to" insert "the issue of"
42Page 40, line 5, leave out "issued"
43Page 40, line 6, after "to" insert "the issue of"
44Page 40, line 7, leave out "issued"
45Page 40, line 7, at end insert—
"(   )      In their application in relation to the issue of a warrant under section 19(4) or 22(1), sections 15 and 16 of that Act shall have effect with the following modifications.
(   )      In section 15—
(a)  in subsection (2), omit the words from the end of paragraph (a)(ii) to the end of paragraph (b);
(b)  omit subsections (2A) and (5A);
(c)  in subsection (5), omit the words from "unless" to the end;
(d)  in subsection (6)(a), omit the words from the end of sub-paragraph (iii) to the end of sub-paragraph (iv);
(e)  in subsection (7), omit the words from "(see" to the end.
(   )      In section 16—
(a)  omit subsections (3A) and (3B);
(b)  in subsection (9), omit the words after paragraph (b)."
46Page 40, line 8, leave out sub-paragraphs (2) to (4) and insert—
 "1A   (1)   This paragraph and paragraph 1B have effect in relation to the issue to inspectors of warrants under section 27(4); and an entry on premises under such a warrant is unlawful unless it complies with this paragraph and paragraph 1B.
(2)      Where an inspector applies for a warrant, he shall—
(a)  state the ground on he which he makes the application,
(b)  state the enactment under which the warrant would be issued, and
(c)  specify the premises which it is desired to enter.
(3)      An application for a warrant shall be made without notice and supported by an information in writing.
(4)      The inspector shall answer on oath any question that the justice of the peace hearing the application asks him.
(5)      A warrant shall authorise an entry on one occasion only.
(6)      A warrant shall specify—
(a)  the name of the person who applies for it,
(b)  the date on which it is issued, and
(c)  the enactment under which it is issued.
(7)      Two copies shall be made of a warrant.
(8)      The copies shall be clearly certified as copies.
 1B   (1)   A warrant may be executed by any inspector.
(2)      A warrant may authorise persons to accompany any inspector who is executing it.
(3)      A person authorised under sub-paragraph (2) has the same powers as the inspector whom he accompanies in respect of the execution of the warrant, but may exercise those powers only in the company, and under the supervision, of an inspector.
(4)      Execution of a warrant must be within three months from the date of its issue.
(5)      Execution of a warrant must be at a reasonable hour unless it appears to the inspector executing it that the purpose of entry may be frustrated on an entry at a reasonable hour.
(6)      Where the occupier of premises which are to be entered under a warrant is present at the time when an inspector seeks to execute it, the inspector shall—
(a)  identify himself to the occupier and shall produce to him documentary evidence that he is an inspector,
(b)  produce the warrant to him, and
(c)  supply him with a copy of it.
(7)      Where—
(a)  the occupier of premises which are to be entered under a warrant is not present when an inspector seeks to execute it, but
(b)  some other person who appears to the inspector to be in charge of the premises is present,
  sub-paragraph (6) shall have effect as if any reference to the occupier were a reference to that other person.
(8)      If there is no person present who appears to the inspector to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
(9)      A warrant which—
(a)  has been executed, or
(b)  has not been executed within the time authorised for its execution,
  shall be returned to the designated officer for the local justice area in which the justice of the peace who issued the warrant was acting when he issued it.
(10)      A warrant which is returned under sub-paragraph (9) shall be retained by the officer to whom it is returned for 12 months from its return.
(11)      If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so."
47Page 42, line 14, leave out "the" and insert "any"
48Page 43, line 2, at end insert—
 

"Functions in connection with entry under section 19

(1)      Where a person enters premises in exercise of a power of entry conferred by section 19(1), or by a warrant under section 19(4), he may—
(a)  inspect an animal found on the premises;
(b)  remove a carcass found on the premises for the purposes of carrying out a post-mortem examination on it;
(c)  remove for those purposes the carcass of an animal destroyed on the premises in exercise of power conferred by section 18(3) or (4);
(d)  take a photograph of anything on the premises.
(2)      Where a person exercising a power of entry under section 19(1) takes another person with him under paragraph 3, the other person may exercise any power conferred by sub-paragraph (1) if he is in the company, and under the supervision, of the person exercising the power of entry."
 

Clause 59

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

49Page 33, line 8, after "orders" insert ", codes of practice"
50Page 33, line 11, after "13" insert ", or codes of practice under section 14,"
 

THE LORD ROOKER

51Page 33, line 14, at end insert—
"(2A)  No order under section 17(1) shall be made by the Secretary of State unless a draft of the instrument containing the order has been laid before Parliament.
(2B)  Subsection (2A) does not apply in relation to an order revoking a code of practice in connection with its replacement by a new one."
 

Schedule 3

 

THE LORD ROOKER

52Page 45, line 18, leave out "36" and insert "36(1)"
 

Clause 64

 

THE LORD ROOKER

53Page 35, line 4, at end insert—
"(3)  Section 33(9) shall apply in relation to a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954 (c. 40) (power to disqualify persons convicted of cruelty to animals) as it applies in relation to a disqualification imposed by an order under section 33(1).
(4)  In relation to a person convicted of an offence under section 33(9) by virtue of breaching a disqualification imposed by an order under section 1 of the Protection of Animals (Amendment) Act 1954 (c. 40), section 34(2) shall have effect with the substitution for the words from "owning" to "keeps" of "having custody of an animal in breach of disqualification under section 1 of the Protection of Animals (Amendment) Act 1954, the court by or before which he is convicted may order that all animals of which he has custody".
(5)  Section 42 shall apply in relation to a person who is disqualified by virtue of an order under section 1 of the Protection of Animals (Amendment) Act 1954 (c. 40) as it applies in relation to a person who is disqualified by virtue of an order under section 33 or 41.
(6)  In its application by virtue of subsection (5), section 42(2)(c) shall have effect with the omission of the words "section 33(6), 41(3) or"."
 

Clause 65

 

THE LORD ROOKER

54Page 35, line 12, leave out "64" and insert "64(1) and (2)"
55Page 35, line 41, leave out "64" and insert "64(1) and (2)"

 
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23 October 2006