HL Deb 07 August 1972 vol 334 cc854-6

Determination of applications for licences on basis of certificates of suitability

1.—(1) Regulations under section 11 of the Improvement of Live Stock (Licensing of Bulls) Act 1931 may require an application for a licence under that Act in respect of a bull to be accompanied by a certificate in the prescribed form containing—

  1. (a) the prescribed particulars as to the suitability of the bull for a licence under that Act; and
  2. (b) such other particulars as may be prescribed,
being a certificate issued by a veterinary surgeon who is a member of a panel appointed for the purposes of this Schedule by the Royal College of. Veterinary Surgeons and the British Veterinary Association acting jointly; and the Minister may, if he thinks fit, decide whether or not to refuse to grant the licence on any of the grounds mentioned in section 2(2) of that Act on a consideration of the certificate and without himself causing the bull to be inspected.

(2) A veterinary surgeon who inspects a bull with a view to the issue of a certificate for the purposes of an application for a licence under the said Act of 1931 shall mark the bull with a prescribed mark in the prescribed manner.

(3) The Minister may refuse to grant a licence under the said Act of 1931 in respect of a bull—

  1. (a) if he is not satisfied that the bull has been marked in accordance with subparagraph (2) above on the occasion of its 855 inspection by the veterinary surgeon who issued the certificate accompanying the application; or
  2. (b) if it appears to him that, before that inspection, the bull had already been inspected for the purposes of an application under that Act by a different veterinary surgeon or been marked in accordance with that sub-paragraph.

(4) In this paragraph `the Minister' and 'prescribed' have the same meaning as in the said Act of 1931 but no regulations shall be made prescribing a mark or manner of marking for the purposes of sub-paragraph (2) above except on the joint recommendation of the Royal College of Veterinary Surgeons and the British Veterinary Association.

Appeal referees

2. In section 5(2) of the said Act of 1931 (which provides for a panel of referees appointed on the recommendation of agricultural asociations and cattle-breeding societies) for the words 'and cattle-breeding societies' there shall be substituted the words 'cattle-breeding societies and associations of veterinary surgeons'.

Power to suspend operation of Act

3.—(1) The relevant Minister may by order suspend the operation of the said Act of 1931 from such date as may be specified in the order until such later date as may be specified in that order or in a further order under this paragraph; and

(a) if the Act is so suspended—

(i) any licence, permit, notice or regulations in force, or application pending, under that Act on the date of suspension shall lapse;

"1968 c. 23. The Rent Act 1968. In Schedule 3, paragraph (f) of Case 14 except where the relevant date for the purposes of that Case was before the passing of this Act."
Schedule 5, page28, line 55, at end insert—
"1971 c. 28. The Rent (Scotland) Act 1971. In Schedule 3, paragraph (f) of Case 15 except where the relevant date for the purposes of that Case was before the passing of this Act."

In the Title, line 19, after "statistics" insert "to make further provision as to the use of poison against grey squirrels or coypus;"

Line 19, after "statistics "insert" to clarify the Plant Health Act 1967 as respects the recovery of expenses incurred by an authority exercising default powers under orders made by virtue of that Act;"

Line 23, after "Scotland" insert "to repeal paragraph (f) of Case 14 in Schedule 3 to the Rent Act 1968 and paragraph (f) of Case 15 in Schedule 3 to the Rent (Scotland) Act 1971;"

(ii) the suspension shall not affect the taking or continuance of proceedings in respect of any offence committed, or liability for costs under section 6 of that Act incurred, before that date;

(b) if the suspension comes to an end the Act shall operate as if references in it to 'the appointed day' were references to such day after the ending of the suspension as the relevant Minister may by order appoint and as if the definition of that expression in section 13 of that Act were omitted.

(2) Any order under this paragraph shall be made by statutory instrument; and any such order made otherwise than under subparagraph (1)(b) may be varied or revoked by a subsequent order and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this paragraph `the relevant Minister' means—

  1. (a) in the case of an order applying only to England and Wales, the Minister;
  2. (b) in the case of an order applying only to Scotland, the Secretary of State;
  3. (c) in the case of an order applying to England, Wales and Scotland, the Minister and the Secretary of State acting jointly."

Schedule 4, page 24, line 25, after "Act" insert "where it first occurs".

Schedule 5, page 26, line 54, at end insert "where it first occurs".

Schedule 5,page 27, line 45, leave out "subsection (3), (5) and" and insert "subsection (3); in subsection (5), the words from "and" onwards; and subsection".

Schedule 5,page 28, line 43, at end insert—

EARL FERRERS

My Lords, I think that the remaining Amendments are either drafting or Amendments which we have spoken to already, and if it is for the convenience of your Lordships I suggest that the remainder of these Amendments, Nos. 20 to 29, should be moved en bloc. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendments.—(Earl Ferrers.)

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