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A
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Bill
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[AS AMENDED IN COMMITTEE]
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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) There
shall be an Authority, appointed in accordance with the
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provisions
of the Schedule.
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(2) The
Authority may—
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(a) recognise
any body as the proper authority for making from
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time
to time a code in respect of the normal and humane
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manner
of conducting any activity in connection with wild
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mammals
or one or more species of wild mammal;
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(b) after
proper consideration, approve a code made by any body
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so
recognised as the proper code for regulating the conduct of
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the
activity or part of the activity in respect of which that body
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was
recognised.
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(3) Where
the Authority has approved any code, it shall submit that code
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to
the Secretary of State.
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(4) Where
the Secretary of State receives from the Authority any code he
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may
either—
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(a) make
a regulation recognising that code, or
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(b) write
to the Authority setting out the reasons why he does not
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consider
that code to be suitable for recognition.
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(5) Any
regulation recognising a code shall be made by statutory
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instrument
and shall not be made unless a draft has been laid before,
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and
approved by resolution of, each House of Parliament.
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(6) The
Authority shall not exercise any of the powers conferred by this
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section,
unless it is satisfied that it has, or that provision has been made
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to
provide to it, sufficient monies to enable it to exercise such powers.
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(7) 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 submitted
by
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the
Authority under section 2A(3) and recognised by the Secretary of
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State
under section 2A(4) and (5) hereof.””
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(4) After
section 7 of that Act there shall be inserted—
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“SCHEDULE
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The Authority
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1
The
Authority shall consist of—
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(a) a
chairman appointed by the Secretary of State;
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(b) one
member nominated by each of the following
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organisations
or group of organisations—
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(i) The
Royal College of Veterinary Surgeons,
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(ii) The
Joint Nature Conservation Committee,
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(iii) The
Country Land and Business Association,
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(iv) The
National Farmers’ Union of England and Wales,
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(v) The
Game Conservancy Trust and the British Deer
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Society
jointly,
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(vi) The
Council of Hunting Associations,
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(vii) The
British Association for Shooting and
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Conservation,
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(viii) The
National Gamekeepers’ Organisation;
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(c) up
to two further members appointed by the Authority.
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2 (1) Each
person shall be appointed for a term of three years, but shall be
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eligible
for reappointment.
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(2) Any
vacancy shall be filled by a further appointment made in
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accordance
with paragraph 1 above.
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(3) The
power of the Authority to act shall not be affected by any failure
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by
any organisation named in paragraph 1(1)(b) above to nominate
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a
member, or by any casual vacancy in its membership.
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3 If
at any time it appears to the Secretary of State that an organisation
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named
in paragraph 1(1)(b) above has ceased to exist or is no longer
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an
appropriate organisation to nominate a member of the Authority,
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he
may by regulation made in accordance with section 2A(5) of this
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Act
remove that organisation from paragraph 1(1)(b) above and
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appoint
some other organisation which appears to him to be best
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fitted
to act in lieu of the organisation so removed.”
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2 Extent,
short title and commencement
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(1) This
Act shall not apply to Scotland.
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(2) This
Act my be cited as the Wild Mammals (Protection) (Amendment) (No. 2)
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Act 2003.
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(3) This
Act shall come into force with the expiration of 12 months beginning with
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its passing.
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