Clause 20 - Entry and search under warrant in connection with offences
Animal Welfare Bill
4:00 pm
Joan Humble (Blackpool North and Fleetwood, Labour)
With this it will be convenient to discuss the following: Amendment No. 146, in clause 28, page 13, line 31, after ‘30(9)’, insert
‘or [Non-domestic animals in circuses]’.
Amendment No. 147, in clause 29, page 14, line 8, after ‘8’, insert
‘or [Non-domestic animals in circuses]’.
Amendment No. 148, in clause 33, page 17, line 14, after ‘8’, insert
‘or [Non-domestic animals in circuses]’.
Amendment No. 149, in clause 36, page 19, line 2, after ‘7’, insert
‘or section [Non-domestic animals in circuses](1)(a),’.
Amendment No. 150, in clause 36, page 19, line 18, at end insert—
‘(e)in the case of conviction for an offence under section [Non-domestic animals in circuses], to anything designed or adapted for use in connection with the use or keeping of wild animals for the purposes of a circus.’.
Amendment No. 151, in clause 55, page 29, line 8, after ‘11’, insert
‘or [Non-domestic animals in circuses],’.
New clause 8—Non-domestic animals in circuses—
‘(1)A person commits an offence if he uses or keeps a wild animal for the purposes of a circus.
(2)A animal is a “wild animal” for the purposes of section (1) if it is—
(a)of a species not commonly domesticated in the British Islands (whether because the species is not domesticated in the British Islands at all, because limited time has elapsed since the species was introduced to the British Islands, because it is present only in limited numbers, or otherwise),
(b)of a species commonly domesticated in the British Islands but of a breed not so domesticated (whether because the breed is not domesticated in the British Islands at all, because limited time has elapsed since the breed was introduced to the British Islands, because it is present only in limited numbers, or otherwise) or
(c)of a kind designated by regulations under subsection (3).
(3)The appropriate national authority shall by regulations designate a kind of animal for the purposes of subsection (2)(c) if it appears to that authority, on the basis of scientific evidence, that the welfare needs of animals of that kind are unlikely generally to be met if they are used or kept for the purposes of a circus.
(4)A person commits an offence if he acquires for the purposes of a circus an animal which—
(a)is not a wild animal, but
(b)is of a kind which, at the time of acquisition, is not commonly used or kept in the British Islands for the purposes of a circus,
unless it is of a kind designated by regulations under subsection (5).
(5)The appropriate national authority may by regulations designate a kind of animal for the purposes of subsection (4) if it appears to that authority, 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.
(6)For the purpose of ensuring the welfare of animals to which subsection (1) applies and which have been used or kept for the purposes of a circus, the appropriate national authority may by regulations apply in relation to such animals—
(a)subsections (2) to (11) of section 16E of the Zoo Licensing Act 1981 (c. 37) (“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 “circus” means a place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres at that place.’.
New clause 9—Circus animals—
‘(1)No person shall carry on the activity of training, keeping or using an animal for the purposes of, or as part of, a circus.
(2)A person commits an offence if he contravenes subsection (1).’.