HL Deb 16 November 1976 vol 377 cc1261-3

Nos. 9 to 17.]

Clause 4, page 5, line 43, leave out 'any scientific authority or' and insert 'one or more of the scientific'.

Clause 5, page 6, line 1, leave out from 'to' to end of line 6 and insert 'do so, he may give a direction under this section in relation to the animal.

(1A) Where a direction has been given under this section in relation to an animal, and has not been revoked by the Secretary of State, the animal shall, immediately after the relevant event,'

Clause 5, page 6, line 7, after 'at' insert 'the'

Clause 5, page 6, line 11, leave out `subsection

(1) above,' and insert this section'

Clause 5, page 6, line 13, leave out, knowing that a direction has been so given,—'and insert 'knows or ought to know that a direction has been so given and who —'

Clause 5, page 6,line 15, leave out paragraphs (a), (b) and (c) and insert—

  1. (a) knowingly takes the animal, or knowingly permits it to be taken, at any time after the relevant event to premises which he knows or ought to know are not at the time of the taking the specified premises; or
    2. 1262
  2. (b) knowingly moves the animal, or knowingly permits it to be moved, at any time after the relevant event, the circumstances of the removal being that —
    1. (i) it is made from premises which he knows or ought to know are at the time of the removal the specified premises, and
    2. (ii) he knows or ought to know that the removal is made in the absence of, or otherwise than in accordance with any condition attached to, such a requirement or permission as is referred to in subsection (1A) above; or
  3. (c) knowingly keeps the animal at any time after the relevant event at premises which are occupied by him and which he knows or ought to know are not at the time of the keeping the specified premises,'

Clause 5, page 6, line 34, at end insert— '(2A) In this section "relevant event" means, in relation to an animal, whichever of the following occurs later: —

  1. (a) the completion by the animal of any period of detention (whether in quarantine or otherwise) in accordance with any provision made by or under any enactment, being detention connected with the importation in respect of which the direction concerned was given;
  2. (b) the departure of the animal from any premises connected with the importation in respect of which the direction concerned was given.'

Clause 5, page 6, line 39, leave out subsections (4) to (7).

After Clause 5, insert the following new Clause:

Provisions supplementary to section 5.

'.—(1) Before he specifies any premises for the purposes of section 5 above or revokes a direction given under that section, the Secretary of State shall consult one or more of the scientific authorities.

(2) The Secretary of State shall not specify any premises for those purposes unless they are such that in his opinion the animal in relation to which he proposes to give, or has given, a direction under section 5 above may suitably be kept there.

(3) Any person duly authorised in writing by the Secretary of State may, at any reasonable time and (if required to do so) upon producing premises which are for the time being specified in relation to any animal for the purposes of section 5 above for one or both of the following purposes: —

  1. (a) in order to enable the Secretary of State to decide whether the premises remain such that in his opinion the animal may suitably be kept there;
  2. (b) in order to ascertain whether the animal is being kept on the premises.

(4) Any person who wilfully obstructs a person acting under subsection (3) above shall be liable on summary conviction to a fine not exceeding £400.'

Baroness STEDMAN

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 9 to 17 en bloc

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