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

House of Lords

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Forfeiture

 51   (1)   The court which convicts a person of an offence under Part 4 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 4 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 4 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 6

 

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.
ExpressionInterpretation 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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23 March 2001