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Amendments to the Hunting Bill

Hunting Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


Amendment
No.

 

Clause 1

 

THE LORD BASSAM OF BRIGHTON

1Leave out Clause 1
2Leave out Clause 1 and insert the following new Clause—
  "Hunting with dogs: supervision
  Schedule (Hunting with Dogs: Supervision) (which restricts certain statutory exceptions from offences to supervised hunting) shall have effect."
3Leave out Clause 1 and insert the following new Clause—
  "Hunting with dogs: regulation
  Schedule (Hunting with Dogs: Regulation) (which provides for the regulation of hunting with dogs in certain circumstances) shall have effect."
 

Schedule

 

THE LORD BASSAM OF BRIGHTON

4Leave out the Schedule
5Leave 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
(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."
6Leave out the Schedule and insert the following new Schedule—
 

"SCHEDULE

 

Hunting with Dogs: Regulation

 

Part 1

 

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."
 

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.

 
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23 March 2001