Hunting Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 6

 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW

59*Page 2, line 20, at end insert—
"(2)  Where a magistrates' court convicts a person of an offence under this Act the clerk of the court (within the meaning of section 141 of the Magistrates' Courts Act 1980 (c. 43) (clerks to justices)) shall notify the registrar."
 

Clause 7

 

THE LORD CARLILE OF BERRIEW
THE BARONESS MALLALIEU

60*Page 2, line 24, leave out "or 5(1)(a), b or (2)"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE BARONESS MILLER OF CHILTHORNE DOMER

61Page 2, line 26, leave out paragraph (c)
 

Clause 8

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

62Page 2, line 36, leave out subsection (4)
63Page 2, line 36, leave out ", animal"
64Page 3, line 4, at end insert "immediately adjacent to the place where the supposed offence took place"
65Page 3, line 5, at end insert "belonging to or being occupied by a person whom the constable believes to have committed an offence under Part 1"
 

Clause 9

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD LIVSEY OF TALGARTH

66Page 3, line 9, after "forfeiture" insert "and disposal"
67Page 3, line 11, leave out paragraph (b)
68Page 3, line 12, leave out subsection (2)
69Page 3, line 17, leave out paragraph (a)
70Page 3, line 20, leave out "may" and insert "must"
71Page 3, line 21, leave out "as the court thinks appropriate"
72Page 3, line 25, leave out "Where" and insert "As soon as"
73Page 3, line 30, at end insert—
"(   )  Where a forfeited dog is to be slaughtered, the sentence shall be delayed for a minimum of fourteen days after the surrender takes place."
74Page 3, line 30, at end insert—
"(   )  Any police force to which a dog, vehicle or article is surrendered under Part 2 of this Act shall, from the point of surrender, be liable to pay all charges relating to storage, disposal or slaughter involved in that surrender."
 

After Clause 9

 

THE BARONESS MALLALIEU
THE LORD MANCROFT
THE LORD CARLILE OF BERRIEW
THE LORD DONOUGHUE

75*Insert the following new Clause—
  "Disqualification for registration
(1)  A court which convicts a person of an offence under Part 1 of this Act may make an order (a "disqualification order") that he may not—
(a)  be registered under Part (Registration) of this Act, or
(b)  hunt in reliance on section (Registered hunting) (2) or (3).
(2)  A disqualification order shall specify the duration of the disqualification (which may be for the person's life).
(3)  The registrar—
(a)  shall not register a person who is subject to a disqualification order,
(b)  shall cancel a person's registration if he is registered when a disqualification order takes effect, and
(c)  shall cancel a person's registration if he was subject to a disqualification order when the registration took effect.
(4)  The subject of a disqualification order may apply for an order terminating it.
(5)  An application under subsection (4) for the termination of a disqualification order may be made only if—
(a)  a year has elapsed since the date of the order, and
(b)  a year has elapsed since the date of the determination of any previous application under subsection (4) in respect of the order.
(6)  An application under subsection (4) must be made to—
(a)  the magistrates' court which made the disqualification order, or
(b)  a magistrates' court for the same petty sessions area.
(7)  On hearing an application under subsection (4) a magistrates' court may order the applicant to pay costs.
(8)  Where a magistrates' court makes or terminates a disqualification order the clerk of the court (within the meaning of section 141 of the Magistrates' Courts Act 1980 (c. 43) (clerks of justices)) shall notify the registrar.
(9)  In this section a reference to a person's registration includes a reference to his inclusion in a group registration."
 

After Clause 10

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD LIVSEY OF TALGARTH

76Insert the following new Clause—

"PART 2A

SLAUGHTER AND DISPOSAL

  Slaughter
(1)  A hunt which cannot sustain the upkeep of its hounds until either they are rehomed or die of natural causes must arrange for their humane destruction.
(2)  Such humane destruction will normally be carried out by hunt staff.
(3)  Where there are no hunt staff available to carry out the slaughter, the hunt will request the services of a local veterinary surgeon.
(4)  Where a hunt can show that its financial resources are inadequate to cover the additional costs of slaughter it may enter a claim for compensation."
77Insert the following new Clause—
  "Disposal
(1)  Where a hunt is forced to slaughter animals it may, on not more than two occasions, request collection of carcases without charge by the fallen stock disposal scheme.
(2)  Where it is not possible to arrange collection of slaughtered animals by the fallen stock disposal scheme, the hunt may request the Environment Agency for a dispensation to bury the carcases in a suitable location."
78Insert the following new Clause—

"PART 2B

APPEALS

  Appeals against forfeiture
  Any person convicted of an offence under Part 1 of this Act who is ordered to forfeit a dog, a vehicle or a hunting article may appeal to the Secretary of State on the grounds that—
(a)  he requires the forfeited object to continue in his employment;
(b)  he requires the forfeited object to continue in his duty of care towards a minor;
(c)  he requires the forfeited object to continue to ensure the safety and security of his home, office, place of work or other property."
79Insert the following new Clause—
  "Appeals against conviction
(1)  Any person convicted of an offence under Part 1 of this Act may appeal to the Secretary of State against that conviction on the grounds that he was not engaged in the pursuit of a wild animal because—
(a)  the pursuit was involuntary;
(b)  the pursuit was occasioned by the need to protect a person or an animal in danger.
(2)  Any person convicted of an offence under Part 1 of this Act may appeal to the Secretary of State against that conviction on the grounds that he was, at the time of the offence, no longer an officer or member of the hunt."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

80Insert the following new Clause—

"PART 2A

COMPENSATION

  Compensation
(1)  Anyone who suffers financial loss in their business as a result of a ban on hunting with dogs shall be entitled to compensation.
(2)  Anyone who suffers financial loss in their employment as a result of a ban on hunting with dogs shall be entitled to compensation.
(3)  Anyone who suffers any other kind of demonstrable financial loss as a result of a ban on hunting with dogs shall be entitled to compensation."
81Insert the following new Clause—
  "Financial Loss
(1)  In this Part financial loss encompasses—
(a)  loss of rents for land, premises, articles or animals used in hunting with dogs,
(b)  loss of income, salaries or wages for services provided for or employment related to hunting with dogs,
(c)  loss of capital value for land, premises, articles or animals used in the pursuit of hunting,
(d)  loss of value of land, premises, articles or animals affected by a general decline in such values as a result of a ban on hunting with dogs."
82Insert the following new Clause—
  "Applications for Compensation
(1)  The Secretary of State shall by regulations lay down the rules under which claims for compensation must be made, assessed and paid.
(2)  Regulations may not be made under subsection (1) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
(3)  Applications under this Part for compensation must be posted recorded delivery or receipted as received by the Department for the Environment, Food and Rural Affairs not later than twelve months from the date that regulations are made under subsection (1)."
83Insert the following new Clause—
  "Payment for Compensation
(1)  Payments for compensation shall be made where appropriate not later than fifteen months from the date that regulations are made under section (Applications for Compensation)(1).
(2)  Payments which are made later than the date set in subsection (1) will attract interest at Bank Rate plus 1 per cent accrued on a daily basis from the set date to the actual payment date.
(3)  There shall be paid out of money provided by Parliament any expenditure of the Secretary of State in consequence of this Part.
(4)  Regulations under subsection (1) shall include provision for an appeal to either—
(a)  a magistrates' court; or
(b)  the High Court
  if a claim for compensation is refused or not met in full."
 

Clause 11

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

84Page 4, line 18, leave out "engages or participates in" and insert "controls any part of"
 

THE BARONESS MALLALIEU
THE LORD MANCROFT

85*Page 4, line 28, at end insert—
"(   )  For the purposes of this Act an application to the registrar shall be treated as finally determined when—
(a)  the registrar has determined the application (or it has been withdrawn or abandoned), and
(b)  an appeal to the Tribunal has been determined by the Tribunal (or withdrawn or abandoned) or can no longer be brought (ignoring the possibility of an appeal out of time with permission).
(   )  In this Act a reference to a party to proceedings before the registrar or the Tribunal includes a reference to a person who makes representations to the registrar or Tribunal about the proceedings."
 

Clause 14

 

THE BARONESS MALLALIEU
THE LORD MANCROFT

86*Page 5, line 2, leave out from "order" to end of line 5 and insert ", regulations or rules made by the Secretary of State or the Lord Chancellor under this Act shall be made by statutory instrument.
(   )  An order of the Secretary of State under this Act may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(   )  Regulations and rules under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(   )  An order, regulations or rules made by the Secretary of State or the Lord Chancellor under this Act—"
 

After Clause 14

 

THE BARONESS MALLALIEU
THE LORD MANCROFT

87*Insert the following new Clause—
  "Fees
  Money received by the registrar by way of fees shall be paid into the Consolidated Fund."
 

Clause 15

 

THE BARONESS MALLALIEU
THE LORD MANCROFT

88*Leave out Clause 15 and insert following new Clause—
  "Commencement
(1)  The following shall come into force at the end of the period of six months beginning with the date on which this Act is passed—
(a)  Part (Registration), and
(b)  sections (Penalty) and (Offence by body corporate) in so far as they relate to an offence under Part (Registration).
(2)  The following shall come into force at the end of the period of nine months beginning with the date on which this Act is passed—
(a)  Parts 1 and (Enforcement) (so far as not already in force), and
(b)  section (Amendments and Repeals)."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
20 October 2003