Hunting Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Schedule
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out the Schedule 
     Leave out the Schedule and insert the following new Schedule-- 
 ("SCHEDULE 
 HUNTING WITH DOGS: SUPERVISIOn 
 Supervised hunting and coursing 
     1.  Hunting a wild mammal with a dog is "supervised" for the purposes of this Schedule if it is engaged in by--
    (a)  a hunt which is a member of or registered with a supervised body, or
    (b)  an individual who is a member of or registered with a supervised body.
    2.--(1)  Hare coursing is "supervised" for the purposes of this Schedule if it is carried on as part of a hare coursing event arranged by--
    (a)  a supervised body, or
    (b)  a body which is a member of or registered with a supervised body.
    (2)  This paragraph is without prejudice to the generality of paragraph 1.
 
    3.--(1)  In paragraphs 1 and 2 "supervised body" means an organisation which is a member organisation of--
    (a)  ISAH Limited (a registered company incorporated on 30th December 1999 as a supervisory authority for hunting in the United Kingdom), or
    (b)  such other body as the Secretary of State may designate by order in place of ISAH Limited.
    (2)  An order under sub-paragraph (1)(b) may be made only if--
    (a)  ISAH Limited ceases to exist, or
    (b)  the statement of objects in its memorandum is altered.
    (3)  An order under sub-paragraph (1)(b)--
    (a)  shall be made by statutory instrument,
    (b)  may make consequential amendments to this Schedule,
    (c)  may include transitional provision, and
    (d)  shall be subject to annulment pursuant to a resolution of either House of Parliament.
 
 Restriction of statutory exceptions 
     4.--(1)  In so far as they relate to hunting a wild mammal with a dog or hare coursing the statutory exceptions listed in sub-paragraph (2) shall apply only in relation to--
    (a)  supervised hunting or coursing,
    (b)  hunting rodents,
    (c)  using a dog to retrieve a rabbit, hare, fox or mink which has been shot,
    (d)  using a dog to find a wild mammal which has escaped from captivity or confinement (and which was not permitted, for the purpose of being hunted, to escape),
    (e)  using a dog to find a wild mammal which has been released from captivity or confinement (and which was not released for the purpose of being hunted), and
    (f)  using a dog to find a wild mammal which has been injured.
    (2)  The statutory exceptions are--
 
 
    (a)  section 1(3)(b) of the Protection of Animals Act 1911 (cruelty: exceptions: coursing or hunting), and
1911 c. 27.
 
    (b)  section 2(b) of the Wild Mammals (Protection) Act 1996 (unnecessary suffering: exceptions: mammal injured or taken in hunting or coursing).
 
 ISAH Limited 
     5.  The Secretary of State may make grants or loans to ISAH Limited out of money provided by Parliament.
 
    6.  If the Secretary of State receives a report from ISAH Limited about its activities he shall lay a copy before Parliament.
 
 Interpretation 
     7.  In this Schedule--
    (a)  a "hare coursing event" is a competition in which dogs are assessed as to speed or skill in hunting hares,
    (b)  a hunt" means a body of persons (corporate or unincorporated) who combine wholly or partly for the purpose of hunting wild mammals with dogs,
    (c)  a reference to "hunting a wild mammal with a dog" includes, in particular, any case where--
          (i)  a person engages or participates in the pursuit of a wild mammal, and
          (ii)  one or more dogs are employed in that pursuit (whether or not by him and whether or not under his control or direction), and
    (d)  wild mammal" includes, in particular--
          (i)  a wild mammal which has been bred or tamed for the purpose of being hunted or for any other purpose,
          (ii)  a wild mammal which is in captivity or confinement,
          (iii)  a wild mammal which has escaped or been released from captivity or confinement, and
          (iv)  any mammal which is living wild.")
 
     Leave out the Schedule and insert the following new Schedule-- 
 ("SCHEDULE 
 HUNTING WITH DOGS: REGULATIOn 
 PART I 
 THE HUNTING AUTHORITy 
 The Authority 
     1.  There shall be a body corporate to be known as the Hunting Authority. 
 Membership 
     2.--(1)  The Authority shall consist of not less than seven and not more than eleven members appointed by the Secretary of State.
 
    (2)  The Secretary of State shall appoint one member as chairman.
 
    3.  The validity of proceedings of the Authority shall not be affected by--
    (a)  a vacancy among the members,
    (b)  a vacancy in the office of chairman,
    (c)  a defect in the appointment of a member, or
    (d)  a defect in the appointment of the chairman.
 
     4.  In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies) the following shall be inserted at the appropriate place-- 
 The Hunting Authority."1975 c. 24.
 Special interests 
     5.--(1)  The Secretary of State shall ensure that at any time the Authority includes--
    (a)  one member who in the Secretary of State's opinion is able and willing to represent the interests of animal welfare, and
    (b)  one member who in the Secretary of State's opinion is able and willing to represent the interests of hunters, and
    (c)  one member who in the Secretary of State's opinion is able and willing to represent the interests of farmers, and
    (d)  one member who in the Secretary of State's opinion is able and willing to represent the interests of land-owners, and
    (e)  one member who in the Secretary of State's opinion is able and willing to represent the interests of conservation, and
    (f)  one member who in the Secretary of State's opinion is able and willing to advise on veterinary matters.
    (2)  The Secretary of State shall ensure that at any time at least half of the members are persons who in the Secretary of State's opinion do not--
    (a)  engage or participate in hunting,
    (b)  provide support for hunting,
    (c)  belong to an organisation which has a principal objective of improving or protecting animals' welfare and which disapproves of hunting,
    (d)  participate in activities designed to protest against or interfere with hunting, or
    (e)  provide support for an organisation of the kind mentioned in paragraph (c) or for activities of the kind mentioned in paragraph (d).
    (3)  The Secretary of State shall ensure that the chairman is among the persons mentioned in sub-paragraph (2).
 
    (4)  A reference in this paragraph to hunting includes--
    (a)  a reference to any particular kind of hunting, and
    (b)  a reference to hare coursing.
 
 Tenure 
     6.  Subject to the provisions of this Schedule, a member of the Authority shall hold office in accordance with the terms of his appointment.
 
    7.  A member shall not be appointed for more than five years at a time.
 
    8.  A member may resign by notice in writing to the Secretary of State.
 
    9.  The Secretary of State may dismiss a member if (and only if) the Secretary of State thinks that the member--
    (a)  is unable, unfit or unwilling to discharge his functions,
    (b)  has ceased to satisfy any of paragraphs 5(1)(a) to (f), or
    (c)  has ceased to satisfy paragraph 5(2).
    10.--(1)  Subject to the provisions of this paragraph, the chairman shall continue in office until--
    (a)  his term of appointment as a member expires (whether or not he is reappointed), or
    (b)  he resigns or is dismissed from membership of the Authority.
    (2)  The chairman may resign his office in writing to the Secretary of State.
 
    (3)  The Secretary of State may dismiss the chairman from his office if (and only if) the Secretary of State thinks that the chairman--
    (a)  is unable, unfit or unwilling to discharge his functions, or
    (b)  has ceased to satisfy paragraph 5(2).
 
 Proceedings 
     11. The Authority shall regulate their own proceedings. 
 Staff 
     12.--(1)  The Authority--
    (a)  shall appoint a chief executive, and
    (b)  may appoint other staff.
    (2)  The Authority may delegate functions to the chief executive or to other staff.
 
    (3)  The Authority may, on such terms as they think appropriate, engage persons for the purpose of carrying out inspections under paragraph 36.
 
 Money 
     13.--(1)  The Authority may pay to or in respect of members and staff--
    (a)  remuneration,
    (b)  allowances,
    (c)  expenses, and
    (d)  sums by way of or in respect of pensions.
 
     (2)  Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
 
    (3)  The Authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.
 
    (4)  The following shall be inserted at the appropriate place in the list of Other Bodies in Schedule 1 to the Superannuation Act 1972 (employment to which scheme may apply)--
 
 Hunting Authority".  
     14.  The Authority shall exercise their powers under this Schedule to charge fees with a view to ensuring that, so far as possible--
    (a)  the income of the Authority for a particular financial year matches their expenditure for that year, and
    (b)  the Authority have neither debts nor surplus funds.
    15.--(1)  The Authority shall keep proper accounts and accounting records.
 
    (2)  The Authority shall--
    (a)  prepare a statement of accounts for each financial year in such form and containing such information as the Treasury direct, and
    (b)  send the statement to the Comptroller and Auditor General within such period after the end of the financial year as the Treasury direct.
    (3)  The Comptroller and Auditor General shall--
    (a)  examine, certify and report on any statement received under sub-paragraph (2), and
    (b)  lay a copy of each certified statement and report before Parliament.
    16.--(1)  A "financial year" of the Authority is a period of twelve months beginning with 1st April.
 
    (2)  But the first financial year shall be the period--
    (a)  beginning with the date on which the Authority is established, and
    (b)  ending with the second 31st March after that date.
    17.  The Secretary of State may make grants or loans to the Authority out of money provided by Parliament.
1972 c. 11.
 Annual report 
     18.--(1)  As soon as is reasonably practicable after the end of each financial year, the Authority shall send to the Secretary of State a report on the exercise of their functions in that year.
 
    (2)  Where the Secretary of State receives a report under this paragraph he shall lay a copy before Parliament.
 
 Status 
     19.  The Authority shall not be regarded as the servant or agent of the Crown. 
     20.  In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation) the following shall be inserted at the appropriate place-- 
 Hunting Authority."  
 PART II 
 LICENCEs 
 Hunting licence 
     21.--(1)  In this Schedule a reference to a hunting licence is a reference to a licence which--
    (a)  is issued by the Authority on an application under paragraph 23, and
    (b)  licences one or more persons to engage in regulated hunting.
    (2)  Regulated hunting" means hunting any of the following with a dog--
    (a)  a fox;
    (b)  a deer;
    (c)  a hare;
    (d)  a mink.
    (3)  The Secretary of State may by order--
    (a)  add to the list in sub-paragraph (2);
    (b)  subtract from the list in sub-paragraph (2).
    (4)  An order under sub-paragraph (3)--
    (a)  shall be made by statutory instrument,
    (b)  shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament,
    (c)  may make consequential amendments to this Schedule, and
    (d)  may make transitional provision.
    (5)  Participation in a hare coursing event (within the meaning of paragraph 22) is not regulated hunting.
 
 Coursing licence 
     22.--(1)  In this Schedule a reference to a coursing licence is a reference to a licence which--
    (a)  is issued by the Authority on an application under paragraph 23, and
    (b)  licences one or more persons to organise a hare coursing event.
    (2)  In this Schedule "hare coursing event" means a competition in which dogs are assessed as to speed or skill in hunting hares.
 
    (3)  In this Schedule--
    (a)  a reference to an official in relation to hare coursing is a reference to any person who acts as an official at a hare coursing event, and
    (b)  a reference to organising a hare coursing event includes a reference to being in charge of it or taking responsibility for it.
 
 Application 
     23.  An individual may apply to the Authority for a hunting or coursing licence.
 
    24.--(1)  An application for a hunting licence must state either--
    (a)  that the applicant proposes to engage in regulated hunting and seeks the licence for that purpose, or
    (b)  that the applicant proposes to act as a servant or officer of a hunt in connection with regulated hunting and seeks the licence for that purpose.
    (2)  An application for a coursing licence must state that the applicant proposes to organise a hare coursing event.
 
    (3)  In this Schedule--
    group hunting licence" means a licence issued on an application which includes a statement under sub-paragraph (1)(b),
    a "hunt" has the meaning given by paragraph 63(c), and
    personal hunting licence" means a licence issued on an application which includes a statement under sub-paragraph (1)(a).
    25.--(1)  An application must--
    (a)  be in the prescribed form,
    (b)  give prescribed details of the hunting or coursing in respect of which the licence is sought,
    (c)  be accompanied by prescribed information and documents, and
    (d)  be accompanied by the prescribed fee.
    (2)  The documents required to accompany an application may, in particular, include letters of recommendation from--
    (a)  prescribed persons, or
    (b)  persons within a prescribed class.
    (3)  In the case of an application for a group hunting licence, the information required to accompany the application may, in particular, include information which relates to--
    (a)  past or proposed activities of the hunt concerned;
    (b)  persons who are, were or are expected to become members, servants or officers of the hunt;
    (c)  persons who have participated or are expected to participate in activities of the hunt.
    (4)  In the case of an application for a coursing licence, the information required to accompany the application may, in particular, include information which relates to--
    (a)  hare coursing events organised by the applicant;
    (b)  persons who have been or are expected to be officials at events organised by the applicant.
    (5)  For the purposes of this paragraph--
    (a)  prescribed" means prescribed by the Authority, and
    (b)  the Authority may make different provision for different cases or classes of case.
 
 Determination 
     26.  On receipt of an application the Authority shall--
    (a)  consider it as soon as is reasonably practicable,
    (b)  grant or refuse it, and
    (c)  inform the applicant of their decision as soon as is reasonably practicable.
    27.  The Authority shall grant an application if (and only if) they are satisfied that the applicant--
    (a)  is at least 16 years of age,
    (b)  is not the subject of a relevant disqualification order under paragraph 53,
    (c)  is a suitable person to hold the licence sought,
    (d)  is capable of securing compliance with any conditions which the Authority would wish to impose on the issue of the licence, and
    (e)  is capable of ensuring that hunting or coursing carried on in reliance on the licence is conducted in accordance with any relevant code of practice under Part III of this Schedule.
    28.--(1)  If the Authority refuse an application the applicant may appeal to a magistrates' court.
 
    (2)  The magistrates may make any order they think appropriate; in particular they may direct the Authority to--
    (a)  issue a licence in specified terms;
    (b)  issue a licence on specified conditions;
    (c)  issue a licence in terms to be determined by the Authority;
    (d)  issue a licence on conditions to be determined by the Authority.
 
 Terms and conditions 
     29.  The terms of a licence must specify, in particular--
    (a)  the kind of regulated hunting or coursing in respect of which the licence is issued, and
    (b)  a period of not more than one year during which the licence is valid.
    30.--(1)  A licence may be issued on conditions, which must be specified in the licence.
 
    (2)  A condition specified in a licence may be--
    (a)  standard, or
    (b)  specific to the circumstances of the licence.
    (3)  A condition in a hunting licence may relate to anything done wholly or partly for the purpose of or in connection with regulated hunting, whether or not it is done during hunting.
 
    (4)  In particular, a condition may relate to--
    (a)  the manner of keeping dogs and horses;
    (b)  anything done to prepare terrain for hunting.
    (5)  A condition in a coursing licence may relate to anything done wholly or partly for the purpose of or in connection with a hare coursing event, whether or not it is done during the event.
 
    (6)  In particular, a condition may relate to--
    (a)  anything done to prepare terrain for coursing;
    (b)  arrangements for spectators.
    31.--(1)  The terms and conditions of a personal hunting licence may--
    (a)  restrict the licence to unaccompanied hunting, or
    (b)  regulate the number of persons who may accompany the licence-holder during hunting (whether or not they participate).
    (2)  The terms and conditions of a group hunting licence may relate to any of the following matters in so far as they occur during or relate to regulated hunting--
    (a)  the activities of the hunt;
    (b)  the behaviour of a member, servant or officer of the hunt;
    (c)  the behaviour of a person whom the hunt permits (expressly or impliedly) to participate in hunting.
    (3)  The terms and conditions of a coursing licence may--
    (a)  restrict the licence to one or more particular hare coursing events;
    (b)  relate to the behaviour of an official;
    (c)  relate to the behaviour of a person participating in or spectating at a hare coursing event.
    32.--(1)  A licence must be subject to a condition which requires insurance cover to be obtained.
 
    (2)  In the case of a personal hunting licence the insurance condition must--
    (a)  require cover to be obtained in respect of loss or damage caused by the licence-holder to a third party, and
    (b)  specify the minimum sum required to be insured in respect of each claim or class of claim.
    (3)  In the case of a group hunting licence the insurance condition must--
    (a)  require cover to be obtained in respect of loss or damage caused by a member, servant or officer of the hunt to a third party,
    (b)  require cover to be obtained in respect of loss or damage caused by a member, servant or officer of the hunt to another person who falls within any of those classes, and
    (c)  specify the minimum sum required to be insured in respect of each claim or class of claim.
    (4)  In the case of a coursing licence the insurance condition must--
    (a)  require cover to be obtained in respect of loss or damage caused by the licence-holder to an official or a third party,
    (b)  require cover to be obtained in respect of loss or damage caused by an official to a third party,
    (c)  require cover to be obtained in respect of loss or damage caused by one official to another, and
    (d)  specify the minimum sum required to be insured in respect of each claim or class of claim.
    (5)  An insurance condition may require cover to be obtained in addition to that specified in sub-paragraph (2), (3) or (4).
 
    (6)  In imposing insurance conditions the Authority may make different provision in different licences.
 
    33.--(1)  A group hunting licence must be subject to a condition which requires that the Authority be notified in advance of any hunting carried out in reliance on the licence.
 
    (2)  A coursing licence must be subject to a condition which requires that the Authority be notified in advance of any hare coursing event which is organised in reliance on the licence.
 
    (3)  A notice condition shall include provision about--
    (a)  the manner and timing of notice, and
    (b)  the information to be included.
    (4)  In imposing notice conditions the Authority may make different provision in different licences.
 
 Revocation and variation 
     34.--(1)  The Authority may by notice in writing to a licence-holder--
    (a)  revoke the licence;
    (b)  suspend the licence;
    (c)  add, vary, revoke or suspend a term;
    (d)  add, vary, revoke or suspend a condition.
    (2)  A licence-holder may apply to the Authority for an exercise of the power under sub-paragraph (1).
 
    (3)  An application under sub-paragraph (2) must--
    (a)  be in the prescribed form, and
    (b)  be accompanied by the prescribed fee.
    (4)  On receipt of an application the Authority shall--
    (a)  consider it as soon as is reasonably practicable,
    (b)  grant or refuse it, and
    (c)  inform the applicant of their decision as soon as is reasonably practicable.
    (5)  For the purposes of this paragraph--
    (a)  prescribed" means prescribed by the Authority, and
    (b)  the Authority may make different provision for different cases or classes of case.
 
 Appeal 
     35.--(1)  A licence-holder may appeal to a magistrates' court against--
    (a)  a term of the licence;
    (b)  a condition of the licence;
    (c)  action taken under paragraph 34(1);
    (d)  the determination of an application under paragraph 34(2).
    (2)  The magistrates may make any order they think appropriate; in particular they may direct the Authority to--
    (a)  reinstate a licence or a term or condition of a licence;
    (b)  revoke a term or condition of a licence;
    (c)  vary a term or condition of a licence;
    (d)  add a term or condition to a licence.
 
 Inspection 
     36.--(1)  The Authority shall make such arrangements as they think appropriate for inspection of--
    (a)  regulated hunting by a licence-holder;
    (b)  hunting by an applicant for a hunting licence;
    (c)  hunting by a member, servant or officer of a hunt for the purpose of which a hunting licence is held or has been applied for.
    (2)  The Authority shall make such arrangements as they think appropriate for inspection of animals or equipment--
    (a)  kept by or on behalf of a licence-holder wholly or partly for the purpose of regulated hunting;
    (b)  kept by or on behalf of an applicant for a hunting licence wholly or partly for the purpose of hunting;
    (c)  kept by or on behalf of a member, servant or officer of a hunt for the purpose of which a hunting licence is held or has been applied for.
    (3)  The Authority shall make such arrangements as they think appropriate for inspection of premises--
    (a)  used by a licence-holder wholly or partly for the purpose of or in connection with regulated hunting;
    (b)  used by an applicant for a hunting licence wholly or partly for the purpose of or in connection with hunting;
    (c)  used for the purpose of or in connection with hunting by a member, servant or officer of a hunt in respect of which a hunting licence is held or has been applied for.
    (4)  The Authority shall make such arrangements as they think appropriate for inspection of--
    (a)  hare coursing events;
    (b)  premises used for the purpose of or in connection with hare coursing events.
 
 Training and examinations 
     37.--(1)  The Authority may--
    (a)  provide instruction or training in connection with regulated hunting or hare coursing;
    (b)  provide an examination in connection with regulated hunting or hare coursing;
    (c)  charge fees in connection with instruction, training or an examination.
    (2)  In exercising a function under this Schedule (including determining whether a person is suitable for the purpose of paragraph 27(c)) the Authority or a magistrates' court may take into account whether a person has--
    (a)  received instruction or training provided under this paragraph;
    (b)  passed an examination provided under this paragraph.
 
 PART III 
 CODES OF PRACTICe 
 Publication 
     38.--(1)  The Authority shall prepare and publish codes of practice, each dealing with a particular kind of regulated hunting.
 
    (2)  The Authority shall prepare and publish one or more codes of practice dealing with hare coursing.
 
    (3)  The Authority shall--
    (a)  review and revise each code from time to time, and
    (b)  publish each revised code.
 
 Content 
     39.--(1)  Each code of practice must in the Authority's opinion be designed to--
    (a)  improve or protect animal welfare,
    (b)  protect the safety of members of the public, and
    (c)  discourage trespass.
    (2)  Each code of practice must, in particular--
    (a)  specify things which licence-holders should or should not do, permit or cause to be done,
    (b)  include provision about obtaining permission for hunting or coursing from land-owners, and
    (c)  include provision about the manner in which hunted animals are killed.
    40.--(1)  The Authority shall ensure that provision is made in each relevant code of practice about each of the practices mentioned in sub-paragraph (2) either--
    (a)  declaring that the practice should not be engaged in, or
    (b)  providing that the practice should be engaged in only subject to specified conditions or in specified circumstances.
    (2)  The practices are--
    (a)  autumn or cub hunting,
    (b)  digging out or bolting wild mammals which have gone to ground,
    (c)  stopping up earths and refuges,
    (d)  providing artificial earths and refuges,
    (e)  interfering with the flight of a wild mammal during a hunt, and
    (f)  hunting a hind which is with its calf.
    (3)  Provision under sub-paragraph (1)(b) about digging out must include provision about obtaining permission from land-owners.
 
    (4)  Provision under sub-paragraph (1)(b) about digging out or bolting must be designed to minimise the time during which dogs are used below ground.
 
 Effect 
     41.--(1)  Failure by a person to comply with a code of practice shall not of itself make him liable to criminal or civil proceedings.
 
    (2)  In exercising a function under this Schedule the Authority or a magistrates' court may take into account--
    (a)  a code of practice;
    (b)  a failure to comply with a code of practice.
    (3)  A code of practice--
    (a)  shall be admissible in evidence in criminal or civil proceedings, and
    (b)  shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
 
 PART IV 
 OFFENCEs 
 Prohibited hunting 
     42.--(1)  A person commits an offence if he engages or participates in prohibited hunting.
 
    (2)  Hunting a wild mammal with a dog is prohibited hunting if it is not--
    (a)  regulated hunting (within the meaning of paragraph 21), or
    (b)  unrestricted hunting (within the meaning of paragraphs 56 to 61).
    (3)  Participation in a hare coursing event is not prohibited hunting.
 
 Unlicensed regulated hunting 
     43.--(1)  A person commits an offence if he engages or participates in regulated hunting which is not licensed.
 
    (2)  Regulated hunting is licensed if in the case of each dog employed in the hunting there is a person who--
    (a)  holds a hunting licence, and
    (b)  is in charge of the dog.
    (3)  But regulated hunting is not licensed if a person who is in charge of a dog employed in the hunting holds a hunting licence and--
    (a)  the hunting falls outside the terms of the licence, or
    (b)  the hunting involves a breach of a condition of the licence.
    (4)  For the purposes of sub-paragraph (3)(b) it is immaterial whether a breach of condition is caused by the action or inaction of--
    (a)  the licence-holder,
    (b)  the person charged with the offence, or
    (c)  some other person.
    (5)  It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that he was engaging or participating in licensed regulated hunting.
 
 Hare coursing 
     44.--(1)  A person commits an offence if he--
    (a)  acts as an official at a hare coursing event which is not licensed, or
    (b)  knowingly permits land which belongs to him (within the meaning of paragraph 63(e)) to be used for the purposes of a hare coursing event which is not licensed.
    (2)  The following persons commit an offence if a dog participates in a hare coursing event which is not licensed--
    (a)  any person who enters the dog for the event,
    (b)  any person who knowingly permits the dog to be entered, and
    (c)  any person who controls or handles the dog in the course of or for the purposes of the event.
    (3)  A hare coursing event is licensed if a person who organises it holds a coursing licence.
 
    (4)  But a hare coursing event is not licensed if a person who organises it holds a coursing licence and--
    (a)  the event falls outside the terms of the licence, or
    (b)  the event involves a breach of a condition of the licence.
    (5)  For the purposes of sub-paragraph (4)(b) it is immaterial whether a breach of condition is caused by the action or inaction of--
    (a)  the licence-holder,
    (b)  the person charged with the offence, or
    (c)  some other person.
    (6)  It is a defence for a person charged with an offence under this paragraph in respect of a hare coursing event to prove that he reasonably believed that the event was licensed.
 
 False information 
     45.  A person who makes an application under this Schedule commits an offence if for the purposes of the application he--
    (a)  knowingly makes a false or misleading statement,
    (b)  makes a statement which he does not believe to be true, or
    (c)  knowingly fails to disclose a material fact.
 
 PART V 
 ENFORCEMENt 
 Penalties 
     46.  A person guilty of an offence under this Schedule shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. 
 Arrest 
     47.  A constable without a warrant may arrest a person whom he reasonably suspects--
    (a)  has committed an offence under paragraph 42, 43 or 44(1)(a) or (2)(a) or (c),
    (b)  is committing an offence under any of those provisions, or
    (c)  is about to commit an offence under any of those provisions.
 
 Search and seizure 
     48.--(1)  This paragraph applies where a constable reasonably believes that a person ("the suspect") is committing or has committed an offence under Part IV of this Schedule.
 
    (2)  If the constable reasonably believes that evidence of the offence is likely to be found on the suspect, the constable may stop the suspect and search him.
 
    (3)  If the constable reasonably believes that evidence of the offence is likely to be found on or in a vehicle, animal or other thing of which the suspect appears to be in possession or control, the constable may stop and search the vehicle, animal or other thing.
 
    (4)  A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that--
    (a)  it may be used as evidence in criminal proceedings for an offence under Part IV of this Schedule, or
    (b)  it may be made the subject of an order under paragraph 51.
    49. A constable may enter any premises other than a dwelling for the purposes of exercising a power under paragraph 48.
 
    50.  The powers under paragraphs 48 and 49 may be exercised without a warrant.
 
 Forfeiture 
     51.--(1)  The court which convicts a person of an offence under Part IV of this Schedule may order the forfeiture of any dog or hunting article which--
    (a)  was used in the commission of the offence, or
    (b)  was in the possession of the person convicted at the time of his arrest.
    (2)  In sub-paragraph (1) "hunting article" means anything designed or adapted for use in connection with--
    (a)  hunting a wild mammal with a dog, or
    (b)  hare coursing.
    (3)  A forfeiture order--
    (a)  may include such provision as to the treatment of the dog or article forfeited as the court thinks appropriate, and
    (b)  subject to any provision made by virtue of paragraph (a), shall be treated as requiring any person who is in possession of the dog or article to surrender it to a constable as soon as is reasonably practicable.
    (4)  Where a forfeited dog or article is retained by or surrendered to a constable, the police force of which the constable is a member shall ensure that such arrangements are made for its destruction or disposal--
    (a)  as are specified in the forfeiture order, or
    (b)  where no arrangements are specified in the order, as seem to the police force to be appropriate.
    (5)  The court which makes a forfeiture order may order the return of the forfeited dog or article on an application made to the court--
    (a)  by a person who claims to be the owner of the dog or article (other than the person convicted), and
    (b)  before the dog or article has been destroyed or finally disposed of under sub-paragraph (4).
 
 Cancellation of licence 
     52.  The court which convicts a person of an offence under Part IV of this Schedule may also--
    (a)  cancel the person's hunting or coursing licence, or
    (b)  suspend it for a specified period.
 
 Disqualification 
     53.--(1)  The court which convicts a person of an offence under Part IV of this Schedule may also make an order disqualifying the person from--
    (a)  holding a hunting licence for a specified period;
    (b)  holding a coursing licence for a specified period.
    (2)  The specified period must not end after the end of the period of five years beginning with the date of the order.
 
    54.--(1)  The court which convicts a person of an offence under paragraph 42, 43 or 44(2) may also make an order prohibiting the person from owning or being in charge or control of a dog of a kind specified in the order.
 
    (2)  The order shall specify the duration of the prohibition (which may be for the person's life).
 
    (3)  A person who contravenes an order under sub-paragraph (1) commits an offence.
 
    (4)  A person who is subject to an order under sub-paragraph (1) may apply for an order terminating it.
 
    (5)  An application under sub-paragraph (4) must be made--
    (a)  after the end of the period of one year beginning with the date of the order under sub-paragraph (1), and
    (b)  after the end of the period of one year beginning with the date of the determination of any previous application under sub-paragraph (4).
    (6)  An application under sub-paragraph (4) must be made to--
    (a)  the magistrates' court which made the order under sub-paragraph (1), or
    (b)  a magistrates' court for the same petty sessions area.
    (7)  On hearing an application under sub-paragraph (4) a magistrates' court may make an order for costs to be paid by the applicant.
 
 Bodies corporate 
     55.--(1)  This paragraph applies where an offence under paragraph 44(1)(b) is committed by a body corporate.
 
    (2)  If the offence is proved to have been committed with the consent or connivance of an officer of the body corporate he shall be guilty of the offence (as well as the body corporate).
 
    (3)  In sub-paragraph (2) "officer" includes--
    (a)  a director, manager or secretary,
    (b)  a person purporting to act as a director, manager or secretary, and
    (c)  a member of a body corporate the affairs of which are managed by its members.
 
 PART VI 
 INTERPRETATIOn 
 Unrestricted hunting 
     56.--(1)  Stalking an animal is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.
 
    (2)  The first condition is that the stalking is undertaken--
    (a)  for the purpose of protecting livestock, fowl (including wild fowl), game birds or crops,
    (b)  for the purpose of obtaining meat to be used for human or animal consumption without first being sold or otherwise dealt with in the way of trade, or
    (c)  for the purpose of enabling a bird of prey to hunt the mammal after it is found.
    (3)  The second condition is--
    (a)  that reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the animal escapes or is shot dead, and
    (b)  in particular, that any dog used in the stalking is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).
    (4)  The second condition does not apply to stalking undertaken for the purpose mentioned in sub-paragraph (2)(c).
 
    (5)  The third condition is that the stalking takes place entirely on land--
    (a)  which belongs (within the meaning of paragraph 63(e)) to the person doing the stalking, or
    (b)  which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).
    57.--(1)  Flushing an animal out of cover is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.
 
    (2)  The first condition is that the flushing out is undertaken--
    (a)  for the purpose of protecting livestock, fowl (including wild fowl), game birds or crops,
    (b)  for the purpose of obtaining meat to be used for human or animal consumption without first being sold or otherwise dealt with in the way of trade, or
    (c)  for the purpose of enabling a bird of prey to hunt the mammal after it is flushed out.
    (3)  The second condition is--
    (a)  that reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out the animal escapes or is shot dead, and
    (b)  in particular, that any dog used in the flushing out is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).
    (4)  The second condition does not apply to flushing out undertaken for the purpose mentioned in sub-paragraph (2)(c).
 
    (5)  The third condition is that the flushing out takes place entirely on land--
    (a)  which belongs (within the meaning of paragraph 63(e)) to the person doing the flushing out, or
    (b)  which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).
    58.--(1)  Hunting rodents is unrestricted hunting for the purposes of this Schedule if the condition in this paragraph is met.
 
    (2)  The condition is that the hunting takes place entirely on land--
    (a)  which belongs (within the meaning of paragraph 63(e)) to the person hunting, or
    (b)  which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).
    59.  Retrieving a rabbit or hare which has been shot is unrestricted hunting for the purposes of this Schedule.
 
    60.--(1)  Searching for an animal which has escaped or been released from captivity is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.
 
    (2)  The first condition is--
    (a)  that reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the animal is recaptured or shot dead, and
    (b)  in particular, that any dog used in the search is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).
    (3)  The second condition is that the animal--
    (a)  has not been released for the purpose of being hunted, and
    (b)  has not, for that purpose, been permitted to escape.
    61.--(1)  Searching for an animal which the person conducting the search believes is or may be seriously injured is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.
 
    (2)  The first condition is that the search is undertaken for the purpose of relieving the animal's suffering.
 
    (3)  The second condition is--
    (a)  that reasonable steps are taken for the purpose of ensuring that as soon as possible after the animal is found appropriate action (if any) is taken to relieve any suffering, and
    (b)  in particular, that any dog used in the search is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).
    62.--(1) The Secretary of State may by order amend this Part of this Schedule so as to provide for an activity--
    (a)  to become unrestricted hunting, or
    (b)  to cease to be unrestricted hunting.
    (2)  An order under this paragraph--
    (a)  shall be made by statutory instrument,
    (b)  shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament,
    (c)  may make consequential amendments to this Schedule, and
    (d)  may make transitional provision.
 
 General 
     63.  For the purposes of this Schedule--
    (a)  a dog "belongs" to a person if he--
          (i)  owns it,
          (ii)  is in charge of it, or
          (iii)  has control of it,
    (b)  a person is "in charge of a dog" employed in hunting if (and only if)--
          (i)  he has sole or shared responsibility for controlling or directing the dog, or
          (ii)  he is responsible for giving directions as to the deployment of the dog,
    (c)  a "hunt" means a body of persons (corporate or unincorporated) who combine wholly or partly for the purpose of hunting wild mammals with dogs,
    (d)  a reference to "hunting" a wild mammal with a dog includes, in particular, any case where--
          (i)  a person engages or participates in the pursuit of a wild mammal, and
          (ii)  one or more dogs are employed in that pursuit (whether or not by him and whether or not under his control or direction),
    (e)  land "belongs" to a person if he--
          (i)  owns an interest in it,
          (ii)  manages or controls it, or
          (iii)  occupies it,
    (f)  licence-holder" means the holder of a personal hunting licence, a group hunting licence or a coursing licence, and
    (g)  wild mammal" includes, in particular--
          (i)  a wild mammal which has been bred or tamed for the purpose of being hunted or for any other purpose,
          (ii)  a wild mammal which is in captivity or confinement,
          (iii)  a wild mammal which has escaped or been released from captivity or confinement, and
          (iv)  any mammal which is living wild.
 
 Index 
     64.  In this Schedule the expressions listed below are defined by the provisions specified. 
  Expression Interpretation provision

Belongs (dog). Paragraph 63.
Belongs (land). Paragraph 63.
In charge of (dog). Paragraph 63.
Coursing licence. Paragraph 22.
Financial year. Paragraph 16.
Group hunting licence. Paragraph 24.
Hare coursing event. Paragraph 22.
A hunt. Paragraph 63.
Hunting. Paragraph 63.
Licence-holder. Paragraph 63.
Organise. Paragraph 22.
Personal hunting licence. Paragraph 24.
Prescribed. Paragraphs 25 & 34.
Prohibited hunting. Paragraph 42.
Regulated hunting. Paragraph 21.
Unrestricted hunting. Paragraphs 56 to 61.
Wild mammal. Paragraph 63.")
 
   
 
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