division_name: Animal Health Bill
motion: <p pid="a.1258.4/2" pwmotiontext="notmoved">[Amendment No. 5 not moved.]</p>
  
  <p pid="a.1258.4/3" pwmotiontext="notmoved">[Amendment No. 6 had been withdrawn from the Marshalled List.]</p>
  
  <p pid="a.1258.4/4" pwmotiontext="considered">Clause 2 [Extension of power to slaughter]:</p>
  
  <p pid="a.1258.4/5" pwmotiontext="notmoved">[Amendment No. 6A not moved.]</p>
  
  <p pid="a.1258.5/1" pwmotiontext="moved">moved Amendment No. 7:</p>
  
  <p class="indent" pid="a.1258.5/2" pwmotiontext="moved">After Clause 2, insert the following new clause&#8212;</p>
  
  <p pid="a.1258.5/3" pwmotiontext="moved">"DISEASE CONTROL (SLAUGHTER) PROTOCOL</p>
  
  <p pid="a.1258.5/4" pwmotiontext="moved">In the 1981 Act the following sections are inserted after section 32A (as inserted by section 2 above)&#8212;</p>
  
  <p pid="a.1258.5/5" pwmotiontext="moved">"32B DISEASE CONTROL (SLAUGHTER) PROTOCOL</p>
  
  <p pid="a.1258.5/6" pwmotiontext="moved">(1) This section applies to a power exercisable by the Secretary of State under&#8212;</p>
  
  <p pid="a.1258.5/7" pwmotiontext="moved">(a) paragraph 3(1)(c) of Schedule 3;</p>
  
  <p pid="a.1258.5/8" pwmotiontext="moved">(b) such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;</p>
  
  <p pid="a.1258.5/9" pwmotiontext="moved">(c) such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.</p>
  
  <p pid="a.1258.5/10" pwmotiontext="moved">(2) The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating&#8212;</p>
  
  <p pid="a.1258.5/11" pwmotiontext="moved">(a) the purposes for which any power to which this section applies will be exercised;</p>
  
  <p pid="a.1258.5/12" pwmotiontext="moved">(b) the principal factors to be taken into account in deciding whether to exercise the power;</p>
  
  <p pid="a.1258.5/13" pwmotiontext="moved">(c) the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised;</p>
  
  <p pid="a.1258.5/14" pwmotiontext="moved">(d) the procedure to be followed by persons who have functions in relation to the exercise of the power;</p>
  
  <p pid="a.1258.5/15" pwmotiontext="moved">(e) the means by which a particular decision to exercise the power may be reviewed.</p>
  
  <p pid="a.1258.5/16" pwmotiontext="moved">(3) After preparing a draft of the disease control (slaughter) protocol the Secretary of State&#8212;</p>
  
  <p pid="a.1258.5/17" pwmotiontext="moved">(a) must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in the exercise of the power;</p>
  
  <p pid="a.1258.5/18" pwmotiontext="moved">(b) must consider any representations made to him about the draft by such persons and organisations;</p>
  
  <p pid="a.1258.5/19" pwmotiontext="moved">(c) may amend the draft accordingly.</p>
  
  <p pid="a.1258.5/20" pwmotiontext="moved">(4) After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.</p>
  
  <p pid="a.1258.5/21" pwmotiontext="moved">(5) The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.</p>
  
  <p pid="a.1258.5/22" pwmotiontext="moved">(6) Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.</p>
  
  <p pid="a.1258.5/23" pwmotiontext="moved">(7) The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.</p>
  
  <p pid="a.1258.5/24" pwmotiontext="moved">(8) It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002.</p>
  
  <p pid="a.1258.5/25" pwmotiontext="moved">32C PROTOCOL: EXERCISE OF POWERS</p>
  
  <p pid="a.1258.5/26" pwmotiontext="moved">(1) A power to which section 32B applies must not be exercised unless the protocol mentioned in that section has been published and has not been withdrawn.</p>
  
  <p pid="a.1258.5/27" pwmotiontext="moved">(2) Any act which is done in contravention of subsection (1) is done without lawful authority.</p>
  
  <p pid="a.1258.5/28" pwmotiontext="moved">(3) If a person who has any function in relation to the exercise of a power to which section 32B applies fails to act in accordance with the protocol he is not by reason only of that failure liable in any civil or criminal proceedings.</p>
  
  <p pid="a.1258.5/29" pwmotiontext="moved">(4) But the protocol is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.""</p>
  
  <p pid="a.1259.0/1" pwmotiontext="moved">moved, as an amendment to Amendment No. 7, Amendment No. 7A:</p>
  
  <p class="indent" pid="a.1259.0/2" pwmotiontext="moved">Line 14, leave out "prepare a document" and insert "make an order"</p>
  
  <p pid="a.1266.2/1" pwmotiontext="notmoved">[Amendment No. 7B not moved.]</p>
  
  <p pid="a.1266.3/1" pwmotiontext="moved">moved, as an amendment to Amendment No. 7, Amendment No. 7C:</p>
  
  <p class="indent" pid="a.1266.3/2" pwmotiontext="moved">Line 22, after "exercised" insert ", which shall include the application of such methods of detecting disease in animals as may be available"</p>
  
  <p pid="a.1271.1/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 7C, as an amendment to Amendment No. 7) shall be agreed to?</p>
  
  <p pid="a.1271.1/2" pwmotiontext="divided">Their Lordships divided: Contents, 186; Not-Contents, 127.</p>