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

House of Lords

back to previous amendments

 

After Clause 14

 

THE BARONESS MALLALIEU
THE LORD MANCROFT

87Insert 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

88Leave 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)."
 

Before Clause 16

 

THE BARONESS MALLALIEU
THE LORD MANCROFT
THE LORD CARLILE OF BERRIEW

89Insert the following new Clause—
  "Transitional arrangements
(1)  This section applies where an individual or group makes an application under section (Application by individual) or (Application on behalf of group)—
(a)  after the commencement of Part (Registration), and
(b)  before the end of the period of nine months beginning with the date on which this Act is passed.
(2)  This Act shall apply during the transitional period as if the application were granted and the consequent registration effected.
(3)  The transitional period—
(a)  begins when the application is made, and
(b)  ends when the application is finally determined.
(4)  The period during which a registration is treated by this section as having been effected shall be ignored in applying section (Standard duration of registration)."
 

Schedule 1

 

THE EARL PEEL

89A*Page 6, line 10, leave out "would" and insert "may"
 

THE LORD MONSON

89BPage 6, line 10, at end insert—
"(   )  to children or vulnerable adults,"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

90Page 6, line 11, at end insert "and poultry"
 

THE LORD CRICKHOWELL

90A*Page 6, line 13, at end insert—
"(   )  to pets or domestic animals,"
 

THE LORD MANCROFT
THE BARONESS MALLALIEU

90BPage 6, line 16, at end insert "or regenerating woodland"
90CPage 6, line 22, at end insert—
"(   )  preventing the spread of disease,"
90DPage 6, line 22, at end insert—
"(   )  maintaining sustainable populations of any particular species of wild mammal,"
90EPage 6, line 22, at end insert—
"(   )  contributing to the well-being of the species to be hunted,"
90FPage 6, line 22, at end insert—
"(   )  contributing towards the sustainable development of the area (within the meaning of the Rio Declaration on Environment and Development 1992),"
 

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

91Page 6, line 23, at end insert ", or
(d)  treating or humanely destroying an animal which has gone to ground having been injured or potentially infected with a fatal disease."
 

THE LORD EDEN OF WINTON
THE BARONESS MILLER OF CHILTHORNE DOMER

92Page 6, line 23, at end insert ", or
(d)  ensuring the sustainable management of the wild mammal and its immediate environment."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

93Page 6, line 26, leave out paragraph (a)
 

THE EARL PEEL

93APage 6, line 36, leave out "two" and insert "four"
93BPage 6, line 36, leave out "two" and insert "six"
93CPage 6, line 36, leave out "two" and insert "eight"
93DPage 7, line 1, leave out sub-paragraph (7)
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

94Page 7, line 2, leave out paragraphs (a) and (b) and insert—
"(a)  reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the wild mammal is flushed out of cover,
(b)  reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out the wild mammal is shot dead by a competent person,
(c)  in particular, the dog is brought under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (b),
(d)  reasonable steps are taken for the purpose of preventing injury to the dog, and
(e)  the manner in which the dog is used complies with any code of practice which is issued or approved for the purpose of this paragraph by the Secretary of State."
 

THE LORD KING OF BRIDGWATER

94APage 7, line 7, at end insert—
 

Deer management

"(1)      Stalking a deer, or flushing it out of cover is exempt hunting in any defined area if this is done solely for the purposes of deer management and as part of a deer management scheme (a "scheme") registered with and approved by the Secretary of State for those purposes.
(2)      The purposes of deer management shall be—
(a)  to minimise damage that deer might do to crops, livestock or other agricultural property or interests in a defined area; and
(b)  to conserve and maintain the deer in that area in such number as would be conducive to the good health and well-being of those deer.
(3)      A scheme may be prepared by owners and occupiers of agricultural and forestry land, owners of shooting rights on such land or other bodies or people, with experience of the management of deer herds, in any defined area, and may provide for deer management in that area to be controlled by such bodies or people.
(4)      A scheme prepared under sub-paragraph (3) may be submitted to the Secretary of State for his approval, provided that if at any time he is satisfied that such a scheme is not fulfilling the purposes of deer management set out in sub-paragraph (2), he may suspend or terminate the operation of that scheme.
(5)      The Secretary of State may make regulations regarding—
(a)  the establishment of a scheme in any area;
(b)  the definition of the area of the scheme;
(c)  the appointment of managers of a scheme; and
(d)  the operation of a scheme, including limitations on the use of dogs and firearms.
(6)      The Secretary of State may make payments to the managers of a scheme to cover the expenses of managing and operating that scheme."
 

THE EARL PEEL

94BPage 7, line 15, leave out from "(c. 69))" to end of line 16 and insert "or livestock"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

95Page 7, line 16, at end insert ", or for the purpose of treating or humanely destroying an animal which has gone to ground having been injured or potentially infected with a fatal disease"
96Page 7, line 18, at end insert "which may be a photocopy"
 

THE LORD CRICKHOWELL

96A*Page 7, line 46, leave out paragraphs 3 and 4
 

THE EARL PEEL

96BPage 8, line 10, at end insert—
 

"Stoats

      The hunting of stoats is exempt if it takes place on land—
(a)  which belongs to the hunter, or
(b)  which he has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs."
96CPage 8, line 10, at end insert—
 

"Weasels

      The hunting of weasels is exempt if it takes place on land—
(a)  which belongs to the hunter, or
(b)  which he has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs."
96DPage 8, line 12, leave out "hare" and insert "wild mammal"
96EPage 8, line 16, leave out "hares" and insert "wild mammal"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

97Page 8, line 17, at end insert ", or with the authority of a constable"
 

THE LORD MANCROFT
THE LORD DONOUGHUE

97APage 9, line 6, after "be" insert "diseased or"
 

THE LORD PALMER

97B*Page 9, line 6, after "be" insert "orphaned or"
 

THE LORD MANCROFT
THE LORD DONOUGHUE

97CPage 9, line 8, at end insert "or treating its disease"
 

THE EARL PEEL

97DPage 9, line 10, leave out "two" and insert "four"
97EPage 9, line 10, leave out "two" and insert "six"
97FPage 9, line 10, leave out "two" and insert "eight"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
THE LORD PALMER

98Page 9, line 11, leave out sub-paragraph (5)
 

THE LORD MANCROFT
THE LORD DONOUGHUE

98APage 9, line 22, after "suffering" insert "or to treat its disease"
 

THE EARL PEEL

98BPage 9, line 34, leave out "two" and insert "four"
98CPage 9, line 34, leave out "two" and insert "six"
98DPage 9, line 34, leave out "two" and insert "eight"
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

99Page 9, line 43, at end insert—
 

"Authority of a constable

      In this Schedule, a constable may exercise authority to grant access permission under paragraph 7(2)(c) or 8(6)(c) if the applicant provides proof of local residence or if the applicant either—
(a)  makes a telephone call from a listed number registered in his name, or
(b)  makes a telephone call which is supported by a second person who is listed at that number."
 

THE LORD HOOSON
THE LORD LIVSEY OF TALGARTH

100Page 9, line 43, at end insert—
 

"Hunting in specified upland and afforested areas

(1)      The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied.
(2)      The first condition is that the hunting takes place in certain specified upland and afforested areas designated in an order made by the Secretary of State.
(3)      The second condition is that the hunting is carried out by a gun foot pack which was established more than five years before the date of commencement of this Act.
(4)      The third condition is that the purpose of the hunting is the effective protection of sheep flocks from foxes."

 
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©Parliamentary copyright 2003
27 October 2003