House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Wild Mammals (Protection) (Amendment) Bill [HL]


Wild Mammals (Protection) (Amendment) Bill [HL]

    1

 

A

Bill

To

Amend the Wild Mammals (Protection) Act 1996.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Amendment of Wild Mammals (Protection) Act 1996

     (1)    For section 1 of the Wild Mammals (Protection) Act 1996 (c. 3) there shall be

substituted—

       “Offences

Any person who intentionally causes undue suffering to any wild

5

mammal shall be guilty of an offence.”

     (2)    For section 2 of that Act there shall be substituted—

       “Exceptions from offence under the Act

A person shall not be guilty of an offence under this Act by reason of

any act done—

10

                  (a)                 in accordance with a recognised code, or

                  (b)                 in the normal and humane conduct of a lawful and customary

activity,

            unless any suffering caused by that act should reasonably have been

avoided or substantially alleviated in the course of his conduct of that

15

activity.”

     (3)    After section 2 of that Act there shall be inserted—

       “2A            Regulations

           (1)           The Secretary of State shall have power to make regulations for—

                  (a)                 the recognition of any exisiting body as the proper authority for

20

the control of any activity in connection with wild mammals or

 
HL Bill 6 53/2
 
 

Wild Mammals (Protection) (Amendment) Bill [HL]

    2

 

                          one or more species of wild mammal or for making a code in

respect of the conduct of that activity;

                  (b)                 the establishment of a body as the proper authority for such

control or for the making of any such code;

                  (c)                 the creation of tribunals with jurisdiction, whether or not

5

exclusive, to hear, determine and punish any complaint of any

offence under this Act and for conferring upon such tribunals

all or any of the powers of a court of summary jurisdiction.

           (2)           Such regulations shall be made by statutory instrument and shall not be

made unless a draft has been laid before, and approved by resolution

10

of, each House of Parliament.”

     (4)    At the end of section 3 of that Act, there shall be inserted—

            “and “recognised code” means a code from time to time published by any

relevant authority recognised or established by regulations made

under section 2A hereof.”

15

 2     Short title and commencement

     (1)    This Act my be cited as the Wild Mammals (Protection) (Amendment) Act

2002.

     (2)    This Act shall come into force with the expiration of one month beginning with

its passing.

20


 
contents
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2002
Revised 25 November 2002