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Amendments to the Hunting Bill

Hunting Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Revised Marshalled List]


 

After Clause 4

 

THE LORD RENTON OF MOUNT HARRY
[As an amendment to amendment 27]

Line 6, at end insert "or Area of Outstanding Natural Beauty"
 

After Clause 5

 

THE LORD LIVSEY OF TALGARTH
[As amendments to amendment 29]

Line 3, at beginning insert "As regards England,"
Line 4, after "register" insert "in England"
Line 4, at end insert—
"(   )  As regards Wales, the National Assembly for Wales shall appoint a person ("the registrar") to maintain a register in Wales for the purposes of this Act."
 

THE LORD LIVSEY OF TALGARTH
[As an amendment to amendment 30]

Line 3, leave out "a Hunting Tribunal ("the Tribunal") and insert "separate Hunting Tribunals serving England and Wales"
 

THE LORD WILLOUGHBY DE BROKE
THE LORD LIVSEY OF TALGARTH

Insert the following new Clause—
  "Codes of Practice
  The test for registration is the observance of a code of practice."
Insert the following new Clause—
  "Publication of codes of practice
(1)  The registrar shall prepare and publish codes of practice, each dealing with a particular kind of registered hunting.
(2)  The registrar shall prepare and publish one or more codes of practice dealing with hare coursing.
(3)  The registrar shall—
(a)  review and revise each code from time to time, and
(b)  publish each revised code."
Insert the following new Clause—
  "Content of codes of practice
(1)  Each code of practice must in the registrar's opinion be designed to—
(a)  improve or protect animal welfare,
(b)  protect the safety of members of the public, and
(c)  discourage trespass.
(2)  Each code of practice must, in particular—
(a)  specify things which registered hunts should or should not do, permit or cause to be done,
(b)  include provision about obtaining permission for hunting or coursing from land-owners, and
(c)  include provision about the manner in which hunted animals are killed.
(3)  The registrar shall ensure that provision is made in each relevant code of practice about each of the practices mentioned in subsection (4), either—
(a)  declaring that the practice should not be engaged in, or
(b)  providing that the practice should be engaged in only subject to specified conditions or in specified circumstances.
(4)  The practices are—
(a)  autumn or cub hunting,
(b)  digging out or bolting wild mammals which have gone to ground,
(c)  stopping up earths and refuges,
(d)  providing artificial earths and refuges,
(e)  interfering with the flight of a wild mammal during a hunt, and
(f)  hunting a hind which is with its calf.
(5)  Provision under subsection (3)(b) about digging out must include provision about obtaining permission from land-owners.
(6)  Provision under subsection (3)(b) about digging out or bolting must be designed to minimise the time during which dogs are used below ground."
Insert the following new Clause—
  "Effect of codes of practice
(1)  Failure by a person to comply with a code of practice shall not of itself make him liable to criminal or civil proceedings.
(2)  In exercising a function under this Part the registrar or the Tribunal may take into account—
(a)  a code of practice;
(b)  a failure to comply with a code of practice.
(3)  A code of practice—
(a)  shall be admissible in evidence in criminal or civil proceedings, and
(b)  shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant."
 

Clause 14

 

THE LORD LIVSEY OF TALGARTH
[As amendments to amendment 86]

Line 2, leave out "or the Lord Chancellor" and insert ", the Lord Chancellor or the National Assembly for Wales"
Line 4, at beginning insert "As regards England,"
Line 6, at end insert—
"(   )  As regards Wales, an order of the Secretary of State or the National Assembly for Wales under this Act may not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales."
Line 7, at beginning insert "As regards England"
Line 8, at end insert—
"(   )  As regards Wales, regulations and rules under this Act shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales."
Line 10, after "Chancellor" insert "or the National Assembly for Wales"
 

Schedule 1

 

THE LORD MONSON

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

THE EARL PEEL

Page 6, line 36, leave out "two" and insert "four"
Page 6, line 36, leave out "two" and insert "six"
Page 6, line 36, leave out "two" and insert "eight"
Page 7, line 1, leave out sub-paragraph (7)
 

THE LORD KING OF BRIDGWATER

Page 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

Page 7, line 15, leave out from "(c. 69))" to end of line 16 and insert "or livestock"
Page 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."
Page 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."
Page 8, line 12, leave out "hare" and insert "wild mammal"
Page 8, line 16, leave out "hares" and insert "wild mammal"
Page 9, line 10, leave out "two" and insert "four"
Page 9, line 10, leave out "two" and insert "six"
Page 9, line 10, leave out "two" and insert "eight"
Page 9, line 34, leave out "two" and insert "four"
Page 9, line 34, leave out "two" and insert "six"
Page 9, line 34, leave out "two" and insert "eight"
 

After Schedule 1

 

THE LORD LIVSEY OF TALGARTH
[As an amendment to amendment to new Schedule After Schedule 1
printed on sheet HL Bill 95—I(Rev)(a)]

Line 64, at end insert—
"(   )      The tribunal shall sit in Wales when considering Welsh applications."

 
 
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©Parliamentary copyright 2003
24 October 2003