With this it will be convenient to discuss the following:
Amendment (a) to new clause 9, in line 2, leave out ‘may’ and insert ‘must’.
New clause 3—Improvement notices—
(1) Where an inspector considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury he may serve a notice on the person appearing to be in charge of the animals requiring that person, within the period stated in that notice, to take action that the inspector considers to be reasonably necessary.
(2) An inspector serving a notice under subsection (1) shall give his reasons for requiring that action to be taken.
(3) It is an offence to fail to comply with an improvement notice.'.
New clause 4—Appeals against improvement notices—
'(1) Any person who is aggrieved by an improvement notice served under section [Improvement notices] may appeal to a magistrates' court.
(2) The procedure on an appeal to a magistrates' court under subsection (1) shall be by way of complaint, and the Magistrates' Court Act 1980 shall apply to the proceedings.
(3) The period within which an appeal shall be brought shall be two weeks, or the period specified in the improvement notice, whichever ends the earlier.
(4) A court may suspend an improvement notice pending an appeal.'.
New clause 5—Powers of a court on appeal—
'On an appeal made under section [Appeals against improvement notices] against an improvement notice served under section [Improvement notices], the Court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstance think fit.'.
Animal Welfare Bill
Proceeding contribution from
Speaker
in the House of Commons on Tuesday, 14 March 2006.
It occurred during Debate on bills on Animal Welfare Bill.
About this proceeding contribution
Reference
443 c1370 Session
2005-06Chamber / Committee
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