Back to the Scottish Parliament Business Bulletin No.46/2006: Friday 17 March 2006
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Contents An A B C D E F G H I J

Section G – Bills

Interests of Members of the Scottish Parliament Bill - The Bill was reprinted as amended at Stage 2. The as-amended print published on 15 March (SP Bill 44A) contained printing errors and has been replaced by SP Bill 44A [Revised].

New amendments to Bills lodged on 16 March 2006

Animal Health and Welfare (Scotland) Bill – Stage 2

Section 17

Mr Mark Ruskell

153 In section 17, page 29, line 24, at end insert—

<( ) For the purposes of subsection (5), whether the destruction of a pet animal is in an appropriate and humane manner is to be interpreted in accordance with section 11 of the European Convention for the Protection of Pet Animals of 13 November 1987 as amended from time to time (or in any Council of Europe Convention replacing that Convention).>

Section 18

Mr Ted Brocklebank

126A As an amendment to amendment 126, line 11, at end insert—

<( ) It is a defence for a person accused of an offence under subsection (1)(a) or (1)(b) to show that that person reasonably believed that the dog was one in relation to which subsection (3A) applies.>

John Farquhar Munro

131A As an amendment to amendment 131, line 4, at end insert—

<(aa) in relation to the removal of the whole or any part of a dog’s tail provided that the dog is a certified working do that is not more than 5 days old,>

John Farquhar Munro

131B As an amendment to amendment 131, line, 10, at end insert—

<(5A) For the purposes of subsection (5)(aa) , a dog is a certified working dog if a veterinary surgeon has certified that the dog is likely to be used for work in connection with—

(a) law enforcement,

(b) activities of Her Majesty’s armed forces,

(c) emergency rescue,

(d) lawful pest control, or

(e) the lawful shooting of animals.

(5B) A person who knowingly gives false information to a veterinary surgeon in connection with the giving of a certificate under subsection (5A) commits an offence.

(5C) The Scottish Ministers may by regulations make provision about—

(a) the giving by veterinary surgeons of certificates under subsection (5A),

(b) the identification of dogs under subsection (5A),

(c) the functions of inspectors in relation to certificates for the purposes of this section and the identification of dogs under subsection (5A).>

Mr Ted Brocklebank

131C As an amendment to amendment 131, line 10, insert at end—

<( ) It is a defence for a person accused of an offence under subsection (1)(a) or (1)(b) to show that that person reasonably believed that the dog was one in relation to which subsection (5A) applies.>

Mr Mark Ruskell

131D As an amendment to amendment 131, line 10, at end insert—

<( ) Regulations under subsection (5)(b) or (c) must not specify the docking of a dog’s tail as a procedure in relation to which or, as the case may be, a circumstance in which this section does not apply.>

Section 20

Dr Elaine Murray

154 In section 20, page 30, line 34, at end insert—

<( ) For the purposes of this section, a person is to be regarded as having caused a poisonous or injurious drug or substance to be taken by a protected animal if a protected animal, as a result of the person’s failure to control an injurious weed (as defined in or by virtue of section 1(2) of the Weeds Act 1959 (c.54)), consumes such a weed growing on land owned or occupied by the person.>

Section 21

Ross Finnie

In substitution for amendment 132—

155 In section 21, page 31, line 12, at end insert—

<(3A) A person commits an offence if the person—

(a) supplies a video recording of an animal fight,

(b) publishes a video recording of an animal fight,

(c) shows a video recording of an animal fight to another person, or

(d) possesses a video recording of an animal fight with the intention of supplying it to another person.

(3B) Subsection (3A) does not apply if the video recording is of an animal fight which took place—

(a) outwith Great Britain, or

(b) before the date on which this subsection comes into force.

(3C) Subsection (3A) does not apply—

(a) in relation to anything done—

(i) for the purpose of, or

(ii) by means of,

the inclusion of a video recording in a programme service,

(b) in relation to anything done for the purposes of or in connection with law enforcement (including for the education or training of persons involved in law enforcement), or

(c) in relation to anything done in the course of any other lawful activity in so far as the thing is done in the public interest or with a view to the public interest being served.

(3D) For the purposes of subsections (3A) to (3C)—

(a) the expression "programme service" has the same meaning as in the Communications Act 2003 (c.21),

(b) the expression "video recording" means a recording, in any form, from which a moving image may by any means be reproduced (and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image),

(c) references to supplying or publishing a video recording are to supplying or publishing a video recording in any manner (including, in relation to a video recording in the form of data recorded electronically, by means of transmitting such data),

(d) references to showing a video recording are to showing a moving image reproduced from a video recording by any means.>

Maureen Macmillan

155A As an amendment to amendment 155, line 6, leave out <with the intention of supplying it to another person>

Section 25

Elaine Smith

156 In section 25, page 34, line 29, at end insert—

<(1A) Within one year of the date on which this Act receives Royal Assent the Scottish Ministers must by regulations prohibit the keeping at—

(a) domestic premises,

(b) other premises,

of primates.>

Elaine Smith

157 In section 25, page 34, line 30, after <(1)(b)> insert <or (1A)(b)>

Elaine Smith

158 In section 25, page 34, line 32, after <(1)> insert <or (1A)>

Elaine Smith

159 In section 25, page 34, line 34, after <(1)> insert <or (1A)>

Elaine Smith

136A As an amendment to amendment 136, line 2, after <(1)> insert < or (1A)>

Elaine Smith

160 In section 25, page 35, line 12, after <(1)> insert <or (1A)>

Contents An A B C D E F G H I J