Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2024-26

3

Clause 2, page 3, line 21, leave out “But”

<p>This amendment is consequential on Amendment 2.</p>

2

Clause 2, page 3, line 29, at end insert—<br> “(2A) Regulations under section 1 may create a criminal offence only in relation to (or in relation to the causing or permitting of)—<br> (a) a contravention of a prohibition or restriction imposed by virtue of section 1(2)(a);<br> (b) where by virtue of section 1(2)(b) such a prohibition or restriction is subject to an exemption, a contravention of a condition attached to the exemption;<br> (c) a contravention of a requirement imposed by any relevant legislation to carry out checks in relation to the bringing of animals into the United Kingdom;<br> (d) a contravention of a requirement imposed by any relevant legislation to provide information or documents, or the provision of false or misleading information or documents in purported compliance with such a requirement;<br> (e) the obstruction of, or a failure to assist, a person acting in the execution of powers conferred by any relevant legislation.<br> (2B) In subsection (2A), “relevant legislation” means legislation (including regulations under section 1) that relates to animal welfare or animal health.”

<p>This amendment qualifies clause 2(1)(g) (power to create criminal offences in regulations under clause 1) by setting out the only conduct in relation to which offences may be created.</p>

1

Clause 2, page 3, line 15, after “offence” insert “(but see subsection (2A))”

<p>This amendment inserts in clause 2(1)(g) a signpost to the new subsection inserted by Amendment 2.</p>

14

Clause 4, page 5, line 28, at end insert—<br> “(b) in point (b), after “non-commercial movement” (in the first place it occurs) insert “(including movement that would be non-commercial movement but for Article 5 or 5A)”.”

<p>This amendment makes a minor clarificatory change in consequence of the other amendments made by Clause 4.</p>

4

Clause 4, page 6, line 8, after “to” insert “a movement of”

<p>This amendment is consequential on Amendment 5.</p>

5

Clause 4, page 6, line 12, at end insert—<br> “(ba) after paragraph 3 insert—<br> “3A Paragraph 1 does not apply to a movement of pet animals if—<br> (a) the appropriate authority determines that there are exceptional or compelling circumstances that justify the movement’s being treated as a non-commercial movement even if the relevant maximum is exceeded; and<br> (b) the movement meets any conditions attached to the determination.””

<p>This amendment allows for the appropriate authority to disapply the limit on the number of animals that can be brought in under the rules applicable to non-commercial movements, where justified in the particular circumstances of the case.</p>

6

Clause 4, page 6, line 13, leave out paragraph (c) and insert—<br> “(c) In paragraph 4, for the words from the beginning to “those pet animals” substitute “Where paragraph 1 applies and the relevant maximum is exceeded, the pet animals in question””

<p>This amendment is consequential on Amendment 5.</p>

7

Clause 4, page 6, line 23, leave out “the movement” and insert “a movement”

<p>This amendment is consequential on Amendment 8.</p>

8

Clause 4, page 6, line 34, at end insert—<br> “2 Paragraph 1 does not apply to a movement of a pet animal if—<br> (a) the appropriate authority determines that there are exceptional or compelling circumstances that justify the movement’s being treated as a non-commercial movement even if—<br> (i) the animal is not accompanied by the owner, and<br> (ii) one or both of the conditions in paragraph 1(a) and (b) are not met; and<br> (b) the movement meets any conditions attached to the determination.”

<p>This amendment allows for the appropriate authority to disapply the requirement that an animal’s movement be within 5 days of the owner’s, where justified in the particular circumstances of the case.</p>

9

Clause 6, page 8, line 14, leave out subsection (3)

<p>This amendment removes the power to make provision in regulations that is consequential on clause 4 or 5.</p>

10

Clause 7, page 8, line 18, leave out “sections 1 and 6(3)” and insert “section 1”

<p>This amendment is consequential on Amendment 9.</p>

11

Clause 7, page 8, line 23, leave out “or 6(3)”

<p>This amendment is consequential on Amendment 9.</p>

12

Clause 7, page 8, line 33, leave out subsection (6)

<p>This amendment is consequential on Amendment 9.</p>

13

Clause 7, page 9, line 28, leave out “this Act” and insert “section 1”

<p>This amendment is consequential on Amendment 9.</p>

14

Clause 4, page 5, line 28, at end insert— "(b) in point (b), after “non-commercial movement” (in the first place it occurs) insert “(including movement that would be non-commercial movement but for Article 5 or 5A)”.”

1

Clause 2, page 3, line 15, after "offence” insert "(but see subsection (2A))"

2

Clause 2, page 3, line 21, leave out "But"

3

Clause 2, page 3, line 29, at end insert— "(2A) Regulations under section 1 may create a criminal offence only in relation to (or in relation to the causing or permitting of)— (a) a contravention of a prohibition or restriction imposed by virtue of section 1(2)(a); (b) where by virtue of section 1(2)(b) such a prohibition or restriction is subject to an exemption, a contravention of a condition attached to the exemption; (c) a contravention of a requirement imposed by any relevant legislation to carry out checks in relation to the bringing of animals into the United Kingdom; (d) a contravention of a requirement imposed by any relevant legislation to provide information or documents, or the provision of false or misleading information or documents in purported compliance with such a requirement; (e) the obstruction of, or a failure to assist, a person acting in the execution of powers conferred by any relevant legislation. (2B) In subsection (2A),“relevant legislation” means legislation (including regulations under section 1) that relates to animal welfare or animal health."

4

Clause 4, page 6, line 8, after “to” insert “a movement of"

5

Clause 4, page 6, line 12, at end insert— "(ba) after paragraph 3 insert— "3A Paragraph 1 does not apply to a movement of pet animals if— (a) the appropriate authority determines that there are exceptional or compelling circumstances that justify the movement's being treated as a non-commercial movement even if the relevant maximum is exceeded; and (b) the movement meets any conditions attached to the determination.""

6

Clause 4, page 6, line 13, leave out paragraph (c) and insert— "(c) In paragraph 4, for the words from the beginning to “those pet animals" substitute "Where paragraph 1 applies and the relevant maximum is exceeded, the pet animals in question”"

7

Clause 4, page 6, line 23, leave out "the movement" and insert "a movement"

8

Clause 4, page 6, line 34, at end insert— "2 Paragraph 1 does not apply to a movement of a pet animal if— (a) the appropriate authority determines that there are exceptional or compelling circumstances that justify the movement's being treated as a non-commercial movement even if— (i) the animal is not accompanied by the owner, and (ii) one or both of the conditions in paragraph 1(a) and (b) are not met; and (b) the movement meets any conditions attached to the determination.”

9

Clause 6, page 8, line 14, leave out subsection (3)

10

Clause 7, page 8, line 18, leave out "sections 1 and 6(3)" and insert "section 1"

11

Clause 7, page 8, line 23, leave out "or 6(3)"

12

Clause 7, page 8, line 33, leave out subsection (6)

13

Clause 7, page 9, line 28, leave out "this Act” and insert "section 1”