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

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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 3

 

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 4

 

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 5

 

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 4 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 4 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.

 
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©Parliamentary copyright 2001
23 March 2001