Animal Welfare Bill

With this it will be convenient to discuss the following: New clause 6—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 who assumes 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 him.'. New clause 10—Circus animals— '(1) A person commits an offence if he uses or keeps in, or for the purposes of, a circus an animal not of a kind designated under subsection (2). (2) The appropriate national authority may by regulations designate a kind of animal for the purposes of subsection (1) if that authority is satisfied, on the basis of scientific evidence, that the welfare needs of animals of that kind are likely generally to be met if they are used or kept for the purposes of a circus. (3) It is unlawful to keep or use a winter holding quarters to which this Act applies except under the authority of a licence issued under this Act by the local authority for the area within which the whole or the major part of the winter holding quarters is situated. (4) The appropriate national authority may by regulations make such provision for licensing in relation to the keeping or using of winter holding quarters as the authority thinks fit for the purpose of ensuring the welfare of animals to which subsection (2) applies and which are being used or kept in winter holding quarters. (5) Without prejudice to the generality of the power under subsection (4), the appropriate national authority may by regulations apply in relation to such animals section 9A, 10, 11 and 12 of the Zoo Licensing Act 1981 (c. 37) ("the 1981 Act") (inspection of zoos by local authorities) with such modifications as the appropriate national authority considers appropriate. (6) For the purpose of ensuring the welfare of animals to which subsection (1) applies and which have been used or kept in, or for the purposes of, a circus the appropriate national authority may by regulations apply in relation to such animals— (a) subsection (2) to (11) of section 16E of the 1981 Act (obligations of zoo operator on closure of zoo); and accordingly (b) sections 16F (power of local authority to dispose of animals), 16G (powers of entry) and 19(3D) to (3F), (4) and (5) (offences and penalties) of the 1981 Act, with such modifications as the appropriate national authority considers appropriate. (7) In this section— (a) "circus" means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place; (b) "winter holding quarters" means any establishment other than a circus where animals which are kept or used in, or for the purposes of, a circus are kept on more than seven days in any period of 12 consecutive months.'. Amendment No. 2, in clause 3, page 2, line 16, at end insert— '(5) For the purposes of this Act, in the event of a person unlawfully taking possession of an animal, he will be treated as being responsible for that animal on a temporary basis, until such time as that the animal is recovered by its lawful owner or taken into the care of an inspector.'. Amendment No. 3, in clause 4, page 3, line 4, at end insert— '(3A) In this section, the term "suffering" includes both mental and physical suffering or cruelty.'. Amendment No. 107, in page 3, line 4, at end insert— '(3A) For the purposes of subsection (3)(c), the protection of property shall only be considered a legitimate purpose when animals are used by the police or armed forces in the carrying out of their duties.'. Amendment No. 108, in clause 9, page 5, line 14, at end insert— '(7) A person who takes part in an activity which could result in them receiving an animal as a prize shall have a duty to ensure that they make preparations to meet the need of the animal as set out in section 8(2) as soon as is practical after the receipt of the prize.'. Amendment No. 17, in clause 16, page 9, line 4, at end insert— (7A) An inspector or constable acting under subsection (6) must seek the advice and certificate of a veterinary surgeon as soon as is practicable so to do.'. Government amendment No. 78 Amendment No. 18, in clause 18, page 10, line 17, leave out subsection (4) and insert— '(4) A court may not make an order under subsection (1) unless it has given the owner of the animal an opportunity to be heard, and— (a) the prosecutor certifies that no prosecution is intended to be commenced, which certification shall be binding in respect of each animal the subject of the application, or (b) it is satisfied to the criminal standard of proof that it is not reasonably practicable to communicate with the owner.'. Amendment No. 19, in page 10, line 30, leave out subsection (6) and insert— '(6) The appropriate national authority shall issue guidance about the exercise by a court of powers under subsection (1). (7) In determining how to exercise its powers under this section, the court shall have primary regard to the welfare of the animal.'. Amendment No. 20, in page 10, line 38, at end insert— '(9) The Legal Aid Act 1988 shall have effect in relation to an application under this section as if those proceedings had been included in the definition of criminal proceedings under the Access to Justice Act 1999.'. Amendment No. 21, in clause 22, page 11, line 41, at end insert— '(1A) For the purposes of subsection (1), an inspector shall only be able to require the licence holder to produce records relevant to the previous 12 months.'. Amendment No. 22, in clause 28, page 13, line 25, leave out 'this Act' and insert 'sections 8, 10, 11 or 30(9)'. Amendment No. 23, in page 13, line 26, leave out 'three years' and insert 'twelve months'. Amendment No. 24, in clause 29, page 14, line 3, leave out from 'liable' to end of line 7 and insert— '(a) on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding £20,000, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine not exceeding £20,000, or to both.'. Amendment No. 26, in clause 30, page 15, line 5, at end insert— '(4A) A person appointed under subsection (4)(a) must be a veterinary surgeon or other person who the court is satisfied has the appropriate training and qualifications in, and experience of, animal welfare.'. Amendment No. 119, in page 15, line 22, at end insert ',where it is appropriate so to do in the interests of the animal.'. Amendment No. 120, in clause 32, page 17, line 4, at end insert ',where it is appropriate so to do in the interests of the animal.'. Amendment No. 121, in clause 33, page 17, line 26, at end insert— '(c) whether it is appropriate so to do in the interests of the animal.'. Amendment No. 133, in clause 42, page 22, line 15, at end insert 'in accordance with its interests' Government amendment No. 61 Amendment No. 109, in clause 57, page 30, line 19, at end insert— '(3A) Subsection (3) does not apply to a yard or garden where an animal is in the open and can clearly be seen from public land.'. Amendment No. 1, in schedule 3, page 42, line 25, at end add— 'Gambling Act 2005 15(1) In section 25 of the Gambling Act 2005 after subsection (3) insert— "(3A) The Commission shall publish guidance under subsection (1) to the appropriate local authorities for the provision of the welfare of greyhounds, including— (a) independent veterinary attendance at race meetings, (b) the provision of welfare protection for retiring greyhounds, (c) the identification of greyhounds, (d) the licensing of kennels, and (e) track layout and condition.".'.