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A
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Bill
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To
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Amend the Wild
Mammals (Protection) Act 1996.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Amendment
of Wild Mammals (Protection) Act 1996
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(1) For
section 1 of the Wild Mammals (Protection) Act 1996 (c. 3) there shall
be
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substituted—
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"Offences
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Any person
who intentionally causes undue suffering to any wild
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mammal shall
be guilty of an offence."
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(2) For
section 2 of that Act there shall be substituted—
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"Exceptions
from offence under the Act
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A person
shall not be guilty of an offence under this Act by reason of
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any act done—
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(a) in
accordance with a recognised code, or
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(b) in
the normal and humane conduct of a lawful and customary
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activity,
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unless
any suffering caused by that act should reasonably have been
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avoided or
substantially alleviated in the course of his conduct of that
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activity."
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(3) After
section 2 of that Act there shall be inserted—
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"2A Regulations
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(1) The
Secretary of State shall have power to make regulations for—
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(a) the
recognition of any exisiting body as the proper authority for
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making
a code in respect of the conduct of any activity in
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(a) connection
with wild mammals or one or more species of wild
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mammal;
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(b) the
establishment of a body as the proper authority for the
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making
of any such code;
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(c) the
creation of tribunals with jurisdiction, whether or not
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exclusive,
to hear, determine and punish any complaint of any
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offence
under this Act and for conferring upon such tribunals
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all
or any of the powers of a court of summary jurisdiction.
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(2) Such
regulations shall be made by statutory instrument and shall not be
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made
unless a draft has been laid before, and approved by resolution
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of,
each House of Parliament."
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(4) At
the end of section 3 of that Act, there shall be inserted—
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"and
"recognised code" means a code from time to time published by any
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relevant
authority recognised or established by regulations made
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under
section 2A hereof."
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2 Short
title and commencement
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(1) This
Act my be cited as the Wild Mammals (Protection) (Amendment) (No. 2)
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Act 2002.
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(2) This
Act shall come into force with the expiration of one month beginning with
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its passing.
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