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

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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 2

 

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 3 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.

 
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©Parliamentary copyright 2001
23 March 2001