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Amendments to the Hunting Bill

Hunting Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

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

1Page 1, line 4, after "he" insert "intentionally"
 

THE LORD LIVSEY OF TALGARTH

2Page 1, line 4, leave out from "he" to end of line 5 and insert "expressly encourages a dog to hunt a wild mammal that can be shown to be present, unless his hunting is registered or exempt"
 

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

3Page 1, line 5, after "is" insert—
"(a)  registered, or
(b)  "
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

After Clause 1

 

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

4Insert the following new Clause—
  "Registered hunting
(1)  Hunting by an individual is registered if he is the subject of individual registration in respect of—
5(a)  wild mammals of the species hunted, and
6(b)  the area in which the hunting takes place.
(2)  Hunting by an individual is also registered if—
(a)  he participates in hunting by a group,
(b)  at least one of the group is registered under a group registration in respect of—
11(i) wild mammals of the species hunted, and
(ii) the area in which the hunting takes place, and
15(c)  his participation in the hunting is recorded under arrangements made in pursuance of section (Automatic conditions of group registration) (5).
(3)  Hunting by an individual is also registered if—
(a)  he participates in hunting by a number of individuals, and
(b)  one of the individuals is the subject of individual registration in respect of—
(i) wild mammals of the species hunted, and
(ii) the area in which the hunting takes place, and
(c)  the condition of registration imposed by section (Automatic conditions of individual registration) (5) (maximum number of hunters) is complied with.
(4)  In this Act—
 "group registration" means registration under Part (Registration) pursuant to an application under section (Application on behalf of group), and
 "individual registration" means registration under Part (Registration) pursuant to an application under section (Application by individual)."
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE
[Amendments 5 to 16 are amendments to amendment 4]

5Line 5, leave out "the" and insert "one or more"
6Line 5, after "species" insert "to be"
7Line 6, after "area" insert "or areas"
8Line 6, leave out second "the" and insert "it is intended that"
9Line 11, leave out "the" and insert "one or more"
10Line 11, after "species", insert "to be"
11Line 12, after "area" insert "or areas"
12Line 12, leave out second "the" and insert "it is intended that"
13Line 12, leave out from "place" to end of line 15
14Line 20, leave out "the" and insert "one or more"
15Line 21, after "area" insert "or areas"
16Line 21, leave out second "the" and insert "it is intended that"
 

Clause 2

 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

17Page 1, line 8, leave out subsection (2)
 

THE BARONESS MALLALIEU
THE LORD MANCROFT

18Page 1, line 8, after "to" insert "add or"
 

Clause 3

 

THE LORD RENTON OF MOUNT HARRY
THE LORD PEYTON OF YEOVIL
THE LORD SKIDELSKY

19Page 1, line 11, leave out subsection (1)
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

20Page 1, line 11, leave out "knowingly permits" and insert "gives permission for"
 

THE LORD RENTON OF MOUNT HARRY
THE LORD PEYTON OF YEOVIL
THE LORD SKIDELSKY

21Page 1, line 14, leave out subsection (2)
 

THE BARONESS BYFORD
THE DUKE OF MONTROSE

22Page 1, line 14, leave out "knowingly permits" and insert "gives permission for"
 

Clause 4

 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF HEREFORD
THE LORD RENTON OF MOUNT HARRY

23Page 1, line 18, leave out from "he" to end and insert "conscientiously believed that the hunting in which he was to take part ought to be exempt"
 

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

24Page 1, line 18, after "was" insert—
"(a)  registered, or
(b)  "
 

After Clause 4

 

THE LORD CAMPBELL-SAVOURS
THE LORD LIVSEY OF TALGARTH

25Insert the following new Clause—
  "Defence: protection of sheep in sheep grazing area in designated National Park
(1)  It is a defence for a person charged with an offence under section 1 to prove that the conduct to which the charge relates consisted of using dogs for the control of foxes for the purpose of protecting sheep on a fell or moorland within a sheep grazing area in a designated National Park.
(2)  In this section "designated" means designated in an order made by the Secretary of State.
(3)  An order under this section shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by each House of Parliament."
26Insert the following new Clause—
  "Defence: protection of sheep on fell or moorland in National Park
(1)  It is a defence for a person charged with an offence under section 1 to prove that the conduct to which the charge relates consisted of using dogs for the control of foxes for the purpose of protecting sheep on fell or moorland in a designated National Park.
(2)  In this section "designated" means designated in an order made by the Secretary of State.
(3)  An order under this section shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by each House of Parliament."
27Insert the following new Clause—
  "Defence: protection of sheep in designated National Park
(1)  It is a defence for a person charged with an offence under section 1 to prove that the conduct to which the charge relates consisted of using dogs for the control of foxes for the purpose of protecting sheep in a designated National Park.
(2)  In this section "designated" means designated in an order made by the Secretary of State.
(3)  An order under this section shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by each House of Parliament."
 

Clause 5

 

THE LORD BROOKE OF SUTTON MANDEVILLE
THE BARONESS MALLALIEU
THE EARL OF CAITHNESS
THE LORD CARLILE OF BERRIEW

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

After Clause 5

 

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

28Insert the following new Clause—

"PART 1A RegistrationIntroductory
Tests for registration: utility and least suffering
(1)  The first test for registration in respect of the proposed hunting of wild mammals is that it is likely to make a contribution to—
(a)  the prevention or reduction of damage which the wild mammals to be hunted would otherwise cause to—
(i)  livestock,
(ii)  game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69) (interpretation of Part 1)),
(iii)  food for livestock,
(iv)  crops (including vegetables and fruit),
(v)  growing timber and regenerating woodland,
(vi)  fisheries,
(vii)  other property, or
(viii)  the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992), or
(b)  the prevention of the spread of disease,
(c)  the maintenance of sustainable populations of any particular species of wild mammal,
(d)  the well-being of the species to be hunted, or
(e)  the sustainable development of the area (within the meaning of the Rio Declaration on Environment and Development 1992).
(2)  The second test for registration in respect of proposed hunting of wild mammals is that it is unlikely to cause significantly more pain, suffering or distress to the wild mammals to be hunted than would be likely to be caused by any other reasonably available method of achieving the contribution mentioned in subsection (1)."
 

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

29Insert the following new Clause—
  "The registrar
(1)  The Secretary of State shall appoint a person ("the registrar") to maintain a register for the purposes of this Act.
(2)  The registrar shall hold and vacate office in accordance with the terms and conditions of his appointment.
(3)  The registrar shall comply with—
(a)  regulations made by the Secretary of State under this Part, and
(b)  any direction given to the registrar by the Hunting Tribunal (established under section (The Hunting Tribunal)) in the course of or on the determination of proceedings under this Part.
(4)  In exercising his functions the registrar shall have regard to any relevant decision of the Hunting Tribunal.
(5)  The Secretary of State may—
(a)  pay remuneration and allowances to the registrar;
(b)  defray expenses of the registrar;
(c)  provide staff, equipment or other facilities for the registrar.
(6)  Service as the registrar is employment in the civil service of the State."
 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW
THE LORD LIVSEY OF TALGARTH

30Insert the following new Clause—
  "The Hunting Tribunal
(1)  There shall be a Hunting Tribunal ("the Tribunal").
(2)  Schedule (2) (which makes provision about the Tribunal) shall have effect.
(3)  The Lord Chancellor may make rules—
(a)  regulating the exercise of a right to appeal or apply to the Tribunal;
(b)  about practice and procedure in relation to proceedings before the Tribunal."
 

THE EARL OF ONSLOW
THE BARONESS WARNOCK

31Insert the following new Clause—
  "Prescribed animal welfare bodies
(1)  The Secretary of State shall by regulations prescribe one or more bodies as prescribed animal welfare bodies for the purpose of this Part.
6(2)  The Secretary of State may prescribe a body only if he thinks that it is wholly or partly concerned with the protection or welfare of animals."
 

THE LORD WILLOUGHBY DE BROKE
[As an amendment to amendment 31]

31A*Line 6, at end insert—
"(3)  The Secretary of State may prescribe only an animal welfare body which does not have or has not had as one of its objectives the abolition of hunting with dogs."
 

THE BARONESS MALLALIEU
THE LORD MANCROFT
THE LORD LIVSEY OF TALGARTH

32Insert the following new Clause—
  "Advisory bodies
(1)  English Nature may provide advice on request to the registrar or the Tribunal about the exercise of a function under this Act in relation to England.
(2)  The Countryside Council for Wales may provide advice on request to the registrar or the Tribunal about the exercise of a function under this Act in relation to Wales."
 

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

33Insert the following new Clause—

"Application for registration
  Application by individual
(1)  An individual may apply to the registrar to be entered in the register in respect of hunting which he proposes to carry out.
(2)  An applicant must be at least 16 years of age.
(3)  Where an applicant is younger than 18 years of age, his application must be countersigned by a parent or guardian.
(4)  An application must—
(a)  be in the prescribed form,
(b)  contain the prescribed information,
(c)  be accompanied by the prescribed documents (if any), and
(d)  be accompanied by the prescribed fee.
(5)  An application must specify—
(a)  the species of wild mammal which it is proposed to hunt, and
(b)  the area in which and from which it is proposed to hunt.
(6)  An application may specify a condition to be included in the register as a condition of the proposed hunting.
(7)  In this section "prescribed" means prescribed by regulations made by the Secretary of State."
34Insert the following new Clause—
  "Application on behalf of group
(1)  One or more individuals may apply to the registrar to be entered in the register in respect of hunting to be carried out jointly by—
(a)  the individual registered or one or more of the individuals registered, and
(b)  one or more individuals under the supervision of the individual registered or of one or more of the individuals registered.
(2)  Each of the applicants must be at least 16 years of age.
(3)  An application must—
(a)  be in the prescribed form,
(b)  contain the prescribed information,
(c)  be accompanied by the prescribed documents (if any), and
(d)  be accompanied by the prescribed fee.
(4)  An application must specify—
(a)  the species of wild mammal which it is proposed to hunt, and
(b)  the area in which and from which it is proposed to hunt.
(5)  An application may specify a condition to be included in the register as a condition of the proposed hunting.
(6)  An application must, in particular, include conditions specifying—
(a)  a maximum number of individuals who may hunt at any time,
(b)  arrangements to ensure compliance with the condition about records imposed by section (Automatic Conditions of group registration) (5), and
(c)  arrangements for supervision by the individual or individuals to be registered or non-registered individuals participating in the proposed hunting.
(7)  An application may request that one or more of the registered individuals should be registered in respect of hunting to be carried out without the participation of a non-registered individual (as well as in respect of the joint hunting mentioned in subsection (1)).
(8)  Section (Registered hunting)(1) shall have effect as if the reference to individual registration included a reference to registration by virtue of subsection (7) above (but section 2(3) shall not apply).
(9)  In this section "prescribed" means prescribed by regulations made by the Secretary of State."
35Insert the following new Clause—
  "Handling
(1)  The Secretary of State may make regulations about the treatment of an application under section (Application by individual) or (Application on behalf of group).
(2)  The regulations may, in particular—
(a)  enable the registrar to request, before determining an application, the provision of information or additional information by the applicant or applicants or by a prescribed animal welfare body,
(b)  make provision about timing, and
(c)  enable or require the registrar to permit the amendment of an application, by the applicant or applicants, before its determination."
36Insert the following new Clause—
  "Renewal of application
(1)  Where an individual application is refused, the applicant may not make a new individual application during the period of six months beginning with the date on which the first application is finally determined.
(2)  Where an individual registration is cancelled the individual may not make a new individual application during the period of six months beginning with the date of cancellation.
(3)  Where a group application is refused, none of the applicants may be party to a new group application during the period of six months beginning with the date on which the first application is finally determined.
(4)  Where a group registration is cancelled none of the group may be party to a new group application during the period of six months beginning with the date of cancellation.
(5)  Where an individual is removed from a group registration or an application to add him to a group registration is refused he may not be party to a new group application during the period of six months beginning with the date on which the removal is effected or the first application is finally determined.
(6)  But—
(a)  a refusal, cancellation or removal, other than one under section (Determination by registrar) (3)(b), (Determination by Tribunal) (3)(b), (Group registration: addition or replacement) (6) or (De-registration: conviction of offence) (1), does not prevent a new application which—
(i)  relates only to species to which the old application or registration did not relate, or
(ii)  relates only to an area to which the old application or registration did not relate, and
(b)  the registrar may permit an application despite any of subsections (1) to (5) by reason of a material change of circumstances.
(7)  In this section—
 "group application" means an application under section (Application on behalf of group), and
 "individual application" means an application under section (Application by individual)."
 

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

37Insert the following new Clause—

"Determination
  Determination by registrar
(1)  This section applies to an application for registration under section (Application by individual) or (Application on behalf of group).
(2)  On receipt of an application the registrar shall—
(a)  invite the prescribed animal welfare bodies to make written representations about the application within a specified period, and
(b)  consider any written representations made by any of those bodies within that period.
(3)  The registrar shall grant the application unless he is satisfied that either—
(a)  the hunting proposed in the application would not satisfy the tests in section (Tests for registration: utility and least suffering), or
(b)  the applicant, or any of the applicants, is not a fit and proper person to be registered by reason of a matter specified in subsection (4).
(4)  Those matters are—
(a)  conviction for an offence under this Act,
(b)  conviction for an offence under the Protection of Animals Act 1911 (c. 27),
(c)  conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14),
(d)  conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51) (interfering with badger setts),
(e)  conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
(f)  conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6),
(g)  matters relating to the cancellation of the registration of the applicant or any of the applicants or his or their removal from a group registration, and
(h)  matters relating to the cancellation of the registration of an individual who would be likely to hunt in reliance on the registration or his removal from a group registration.
(5)  If it appears to the registrar before he determines the application that he could grant it only with conditions other than those specified in the application, he may add to or vary the conditions with the consent of the applicant or applicants.
(6)  Where the registrar determines not to grant an application under subsection (3) he shall refuse it, in which case he must give his reasons.
(7)  In considering an application the registrar shall assume, unless he has reason not to, that the hunting proposed would be carried out in accordance with—
(a)  the conditions specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
(b)  any condition specified in the application."
 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW
THE LORD LIVSEY OF TALGARTH

38Insert the following new Clause—
  "Appeal to Tribunal
(1)  Where the registrar refuses an application under section (Application by individual) or (Application on behalf of group) the applicant or applicants may appeal to the Tribunal.
(2)  Where the registrar grants an application under section (Application by individual) or (Application on behalf of group) a prescribed animal welfare body may appeal to the Tribunal."
39Insert the following new Clause—
  "Determination by Tribunal
(1)  This section applies where an appeal is brought to the Tribunal under section (Appeal to Tribunal) against the registrar's decision on an application.
(2)  The Tribunal shall give the applicant or applicants and the prescribed animal welfare bodies an opportunity to make representations.
(3)  The Tribunal shall grant the application unless it is satisfied that either—
(a)  the hunting proposed in the application would not satisfy the tests in section (Tests for registration: utility and least suffering), or
(b)  the applicant, or any of the applicants, is not a fit and proper person to be registered by reason of a matter specified in section (Determination by registrar) (4).
(4)  If it appears to the Tribunal before it determines the application that it could grant the application only with conditions other than those specified in the application, it may add to or vary the conditions with the consent of the applicant or applicants.
(5)  Where the Tribunal determines not to grant the application under subsection (3) it shall refuse the application in which case it must give its reasons.
(6)  In considering an appeal under section (Appeal to Tribunal) the Tribunal shall assume, unless it has reason not to, that the hunting proposed in an application would be carried out in accordance with—
(a)  the conditions specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration), and
(b)  any condition specified in the application.
(7)  On determining an appeal the Tribunal may—
(a)  give a direction to the registrar;
(b)  make any order that it thinks appropriate."
40Insert the following new Clause—
  "Appeal from Tribunal
(1)  A person who is party to proceedings before the Tribunal under section (Appeal to Tribunal) may appeal on a point of law to the High Court.
(2)  An appeal under subsection (1) may be brought only with the permission of—
(a)  the Tribunal, or
(b)  if the Tribunal refuses permission, the High Court."
 

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

41Insert the following new Clause—

"The register
  Form of the register
  The Secretary of State may make regulations about—
(a)  the form of the register; and
(b)  the manner in which it is maintained."
 

THE LORD MANCROFT
THE BARONESS MALLALIEU

42Insert the following new Clause—
  "Content of the register
  In the case of each registration the register shall record—
(a)  the species of wild mammal in respect of the hunting of which the registration has effect,
(b)  the area in respect of hunting in which and from which the registration has effect,
(c)  any other information provided in or with the application for registration,
(d)  any conditions of the registration (apart from those specified in section (Automatic conditions of individual registration) or (Automatic conditions of group registration)), and
(e)  such other matters as may be prescribed by regulations made by the Secretary of State."
 

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

43Insert the following new Clause—
  "Inspection of the register
(1)  The registrar shall make the register available for inspection by statutory bodies with local responsibilities.
(2)  But the Secretary of State may by regulations provide that information of a specified kind shall not be made available for inspection under subsection (1).
(3)  Regulations under subsection (2) may make provision by reference to a request of a registered individual."
 

THE LORD MANCROFT
THE BARONESS MALLALIEU

44Insert the following new Clause—
  "Standard duration of registration
  Registration under this Part shall have effect for—
(a)  the period of three years starting with the date on which it is effected, or
(b)  such shorter period starting with that date as may be specified in the application for registration."
 

THE BARONESS MALLALIEU
THE LORD MANCROFT

45Insert the following new Clause—
  "Renewal of registration
(1)  Registration under this Part may be renewed so as to continue to have effect for—
(a)  the period of three years starting with the date on which renewal is effected, or
(b)  such shorter period starting with that date as may be specified in the application for renewal.
(2)  A provision of this Act which has effect in relation to an application for registration shall have effect (with any necessary modifications) in relation to an application for the renewal of a registration.
(3)  If an application for renewal of registration is made more than six months before the registration would otherwise expire, the registration shall continue to have effect until the application is finally determined.
(4)  Subsection (3) has effect—
(a)  despite section (Standard duration of registration), but
(b)  subject to any power under this Part to cancel or vary a registration.
(5)  Regulations under this Part may make special provision in relation to applications for renewal."
46Insert the following new Clause—
  "Handling of applications
(1)  The Secretary of State may make regulations about the treatment of an application under this Part (other than under section (Application by individual) or (Application on behalf of group)).
(2)  The regulations may, in particular—
(a)  enable the registrar to request, before determining an application, the provision of information or additional information by the applicant or applicants or by a prescribed animal welfare body, and
(b)  make provision about timing."
 

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

47Insert the following new Clause—

"Conditions of registration
  Automatic conditions of individual registration
(1)  Individual registration is subject to the conditions specified in this section.
(2)  The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—
(a)  that any wild mammal injured or captured is killed quickly and humanely,
(b)  that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
(c)  that hunting is carried out on land only with the permission of the occupier of the land or, in the case of unoccupied land, a person to whom it belongs.
(3)  The second condition is that any inspector appointed by a prescribed animal welfare body is permitted at the request of the registrar to accompany the registered individual for the purpose of inspecting hunting carried out in reliance on the registration.
(4)  The third condition is that there is insurance in place in respect of loss or damage caused to persons other than the registered individual in the course of hunting carried on in reliance on the registration.
(5)  The fourth condition is that where the registered individual hunts in reliance on the registration not more than two other individuals who are not registered participate in the hunting."
48Insert the following new Clause—
  "Automatic conditions of group registration
(1)  Group registration is subject to the conditions specified in this section.
(2)  The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—
(a)  that any wild mammal injured or captured is killed quickly and humanely,
(b)  that any wild mammal shot in accordance with paragraph (a) is shot by a competent person, and
(c)  that hunting is carried out on land only with the permission of the occupier of the land or in the case of unoccupied land, a person to whom it belongs.
(3)  The second condition is that any inspector appointed by a prescribed animal welfare body is permitted at the request of the registrar to accompany individuals hunting in reliance on the registration for the purpose of inspecting their hunting.
(4)  The third condition is that there is insurance in place in respect of loss or damage caused to persons other than those registered in the course of hunting in reliance on the registration.
(5)  The fourth condition is that—
(a)  on each occasion on which hunting is carried out in reliance on the registration a record is made of the identity of each individual (whether registered or not) who participates in the hunt, and
(b)  a record made under paragraph (a) is retained throughout the duration of the registration.
(6)  The fifth condition is that reasonable steps are taken to exclude from participation in hunting carried out in reliance on the registration any individual whom any of the registered individuals knows or suspects—
(a)  to have had his registration under this Part cancelled, or to have been removed from a group registration, within the previous period of three years,
(b)  to be subject to a disqualification order under section (Disqualification for registration), or
(c)  to have been convicted of an offence under this Act, the Protection of Animals Act 1911 (c. 27), the Protection of Animals (Scotland) Act 1912 (c. 14), the Wild Mammals (Protection) Act 1996 (c. 3), the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or under section 2 of the Protection of Badgers Act 1992 (c. 51) (interfering with badger setts)."
49Insert the following new Clause—
  "Amendment of automatic conditions
  The Secretary of State may by order amend section (Automatic conditions of individual registration) or (Automatic conditions of group registration) so as to—
(a)  add a condition,
(b)  remove a condition, and
(c)  vary a condition."
50Insert the following new Clause—
  "Variation of non-automatic conditions
(1)  An individual who is the subject of an individual registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by section (Automatic conditions of individual registration)).
(2)  A group of individuals who are the subject of a group registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by section (Automatic conditions of group registration)).
(3)  An application must—
(a)  be in the prescribed form,
(b)  contain the prescribed information,
(c)  be accompanied by the prescribed documents (if any), and
(d)  be accompanied by the prescribed fee.
(4)  Section (Determination by registrar) shall apply to an application under this section as if—
(a)  a reference to the hunting proposed to be carried out were a reference to hunting carried out in reliance on the registration under the conditions as proposed to be varied, and
(b)  the assumption in subsection (7) were an assumption about compliance with the conditions of registration as proposed to be varied.
(5)  In this section "prescribed" means prescribed by regulations made by the Secretary of State."
 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW
THE LORD LIVSEY OF TALGARTH

51Insert the following new Clause—
  "Appeals
(1)  Where the registrar grants or refuses an application under section (Variation of non-automatic condition) a party to the application may appeal to the Tribunal.
(2)  The Tribunal shall give the appellant or appellants and the prescribed animal welfare bodies an opportunity to make representations.
(3)  On determining the appeal the Tribunal may—
(a)  give a direction to the registrar;
(b)  make any order that it thinks appropriate.
(4)  A person who is party to proceedings under this section may appeal on a point of law to the High Court.
(5)  An appeal under subsection (4) may be brought only with the permission of—
(a)  the Tribunal, or
(b)  if the Tribunal refuses permission, the High Court."
 

THE LORD MANCROFT
THE BARONESS MALLALIEU

52Insert the following new Clause—

"Variation and cancellation of registration
  Group registration: addition or replacement
(1)  An individual may apply to the registrar to be added to a group registration—
(a)  as an additional registered individual, or
(b)  in substitution for an individual registered.
(2)  The applicant must be at least 16 years of age.
(3)  An application under this section must—
(a)  be in the prescribed form,
(b)  contain the prescribed information,
(c)  be accompanied by the prescribed documents (if any), and
(d)  be accompanied by the prescribed fee.
(4)  An application under this section must be accompanied by the written consent of more than half of the individuals registered under the group registration.
(5)  In the case of an application to replace an individual the consents under subsection (4) must include his consent.
(6)  The registrar shall grant an application under this section unless he thinks that the applicant is not a fit and proper person to be registered by reason of—
(a)  a conviction for an offence under this Act,
(b)  a conviction for an offence under the Protection of Animals Act 1911 (c. 27),
(c)  a conviction for an offence under the Protection of Animals (Scotland) Act 1912 (c. 14) (interfering with badger setts),
(d)  a conviction for an offence under section 2 of the Protection of Badgers Act 1992 (c. 51) (interfering with badger setts),
(e)  a conviction for an offence under the Wild Mammals (Protection) Act 1996 (c. 3),
(f)  a conviction for an offence under the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or
(g)  matters relating to the cancellation of the applicant's registration or his removal from a group registration.
(7)  An addition to or substitution in a group registration shall not affect the duration of the registration.
(8)  Where an application under this section to add an individual to a group registration is refused, no new application may be made to add the individual to a group registration during the period of six months beginning with the date of the refusal.
(9)  But the registrar may permit an application despite subsection (8) by reason of a material change of circumstances.
(10)  In this section "prescribed" means prescribed by regulations made by the Secretary of State."
 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW
THE LORD LIVSEY OF TALGARTH

53Insert the following new Clause—
  "De-registration: conviction of offence
(1)  The registrar may cancel an individual registration, or remove an individual from a group registration, if the individual is convicted of an offence under—
(a)  this Act,
(b)  the Protection of Animals Act 1911 (c. 27),
(c)  the Protection of Animals (Scotland) Act 1912 (c. 14),
(d)  section 2 of the Protection of Badgers Act 1992 (c. 51) (interfering with badger setts),
(e)  the Wild Mammals (Protection) Act 1996 (c. 3), or
(f)  the Protection of Wild Mammals (Scotland) Act 2002 (asp 6).
(2)  The registrar shall notify an individual in respect of whom the registrar has taken action under subsection (1)."
 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW

54Insert the following new Clause—
  "De-registration: general
(1)  Any of the prescribed animal welfare bodies may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that—
(a)  a condition of the registration has been breached, or
(b)  the tests specified in section (Tests for registration: utility and least suffering) are no longer satisfied in respect of the hunting to which the registration relates.
(2)  The occupier of land, or in the case of unoccupied land a person to whom it belongs, may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that trespass to the land has been committed in the course of hunting carried out in reliance on the registration.
(3)  An application under this section must—
(a)  be in the prescribed form,
(b)  contain the prescribed information,
(c)  be accompanied by the prescribed documents (if any), and
(d)  be accompanied by the prescribed fee.
(4)  On an application under this section the following are entitled to make written representations to the registrar—
(a)  the applicant,
(b)  the relevant registered individual or individuals, and
(c)  in the case of an application under subsection (2), any person to whom the land belongs.
(5)  For the purposes of an application under this section the registrar may require the production of a record made pursuant to section (Automatic conditions of group registration) (5).
(6)  On an application under this section the registrar may—
(a)  cancel a registration or remove an individual from a group registration (whether on the grounds alleged in the application, on grounds that could have been alleged or on the grounds that a record required under subsection (5) was not produced);
(b)  with the consent of the individual or individuals registered, vary the conditions of registration.
(7)  An application under subsection (2) is without prejudice to a person's right to seek another remedy in respect of trespass.
(8)  In this section "prescribed" means prescribed by regulations made by the Secretary of State."
55Insert the following new Clause—
  "Appeals
(1)  Where the registrar refuses an application under section (Group registration: addition or replacement) the applicant may appeal to the Tribunal.
(2)  Where the registrar takes action in respect of an individual under section (De-registration: conviction of offence) the individual may appeal to the Tribunal.
(3)  Where the registrar grants or refuses an application under section (De-registration: general) a party to the application may appeal to the Tribunal.
(4)  The Tribunal shall give the following an opportunity to make representations—
(a)  the appellant or appellants,
(b)  the relevant registered individual or individuals (if not the appellant or appellants),
(c)  the prescribed animal welfare bodies, and
(d)  in the case of an appeal in respect of an application under section (De-registration: general) (2), a person to whom the relevant land belongs.
(5)  For the purposes of an appeal under this section the Tribunal may require the production of a record made pursuant to section (Automatic conditions of group registration) (5).
(6)  On determining the appeal the Tribunal may—
(a)  give a direction to the registrar; and
(b)  make any order that it thinks appropriate.
(7)  A person who is party to proceedings under this section may appeal on a point of law to the High Court.
(8)  An appeal under subsection (7) may be brought only with the permission of—
(a)  the Tribunal, or
(b)  if the Tribunal refuses permission, the High Court."
 

THE LORD MANCROFT
THE BARONESS MALLALIEU

56Insert the following new Clause—
  "De-registration: saving
(1)  Cancellation of a registration under this Part shall be without prejudice to the lawfulness of anything done in reliance on it while it had effect.
(2)  The removal of an individual from a group registration shall be without prejudice to the lawfulness of anything done in reliance on his inclusion while he was included."
 

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

57Insert the following new Clause—

"Offences
  False information
  A person commits an offence if—
(a)  he makes a false statement or gives false information in an application under this Part, and
(b)  he does not believe the statement or information to be true."
58Insert the following new Clause—
  "Group registration: failure to keep records
(1)  In the case of a group registration each registered individual commits an offence if he fails—
(a)  to make a record of each occasion on which he hunts in purported reliance on the registration,
(b)  when hunting in purported reliance on the registration, to make a record of the identity of each individual participating in the hunting, or
(c)  to retain throughout the duration of the registration each record made by him under paragraph (a) or (b).
(2)  It is a defence for an individual charged with an offence under this section to show that he reasonably believed that a record was made or retained by another registered individual."

 
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©Parliamentary copyright 2003
21 October 2003