Amendments proposed to the Countryside and Rights of Way Bill - continued	House of Commons
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Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

NS2

To move the following Schedule:—

'SCHEDULE

Procedure for Giving Notice of Maps

    1.—(1) Where the appropriate countryside body issue in draft form any map prepared by them under section 4, they shall give notice in the prescribed form—

(a) stating the general effect of the map and that it has been prepared in draft form,

(b) naming a place or places in the area in which the land to which the map relates is situated where a copy of the map in draft form may be inspected and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, the representations or objections with respect to the order may be made.

    (2) Where the appropriate countryside body issue in provisional form any map prepared by them under section 4, they shall give notice in the prescribed form—

(a) stating the general effect of the map and that it has been confirmed and is issued in provisional form,

(b) naming a place or places in the area in which the land to which the map relates is situated where a copy of the map in draft form may be inspected and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, the representations or objections with respect to the order may be made.

    (3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

(a) by publication in at least one local newspaper circulating in the area in which the land to which the notice relates is situated,

(b) by serving a like notice on—

    (i) every owner, occupier and lessee (except tenants for a month or any period less than a month) of any of that land;

    (ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council being a council, parish or community whose area includes any of that land;

    (iii) such other persons as may be prescribed in relation to the area in which that land is situated or as the appropriate countryside body may consider appropriate; and

(b) by causing a copy of the notice to be displayed in a prominent position—

    (i) at council offices in the locality of the land to which the order relates; and

    (ii) at such other places as the appropriate countryside body may consider appropriate.

    (4) Where under this paragraph any notice is required to be given in respect of any land which is in a National Park, the appropriate countryside body shall serve a copy of that notice on the national park authority for that national park.

    (5) Where under this paragraph any notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice, a like notice shall be served on the Church Commissioners.'.

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Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
Mr James Gray

NS3

To move the following Schedule:—

'SCHEDULE

Riding or Leading of Horses on Cycle Tracks

Highways Act 1980 (c.66)

    1. In section 329(1) of the 1980 Act (further provision as to interpretation) in the definition of "cycle track", after "1972" there is inserted "and a right of way on horseback or leading a horse,".

Cycle Tracks Act 1984 (c.35)

    2. In section 3(1) of the Cycle Tracks Act 1984 (conversion of footpaths into cycle tracks) after "vehicles)" there is inserted "a right of way on horseback or leading a horse".'.

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Mr Gordon Prentice
Chris McCafferty

NS5

To move the following Schedule:—

'SCHEDULE

Wild mammals: hunting with dogs

PART I

PROHIBITION OF HUNTING, ETC.

Offences

    1.—(1) A person commits an offence if he intentionally hunts a wild mammal with a dog.

    (2) An owner or occupier of land commits an offence if he knowingly permits another person to enter or use that land to hunt in contravention of sub-paragraph (1).

    (3) The owner or keeper of a dog commits an offence if he knowingly permits another person to use the dog to hunt in contravention of sub-paragraph (1).

    (4) It is an offence to own or keep two or more dogs with the intention of their being used to hunt in contravention of sub-paragraph (1).

    (5) In this Schedule—

"occupier" includes any person who has control of land;

"owner", in relation to land, means any person who has an interest in land, including a licensee or agent of such a person, but does not include a mortgagee not in possession;

"wild mammal" includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild;

    and a reference to hunting a wild mammal includes a reference to searching for or coursing a wild mammal.

Exceptions

    2.—(1) A person does not commit an offence under paragraph 1(1) if he hunts rabbits or rodents—

(a) on land which that person owns or occupies, or

(b) partly on that land and partly on neighbouring land, or

(c) at the request of the owner or occupier of the land where the hunting takes place.

    (2) A person does not commit an offence under paragraph 1(1) if he uses a dog to retrieve a rabbit or hare which has been shot.

    (3) A person does not commit an offence under paragraph 1(1) if he uses a dog to hunt an animal which has escaped from captivity.

    (4) Sub-paragraph (3)—

(a) applies to a person only if he takes reasonable steps to ensure that the animal is recaptured or shot once it has been located;

(b) does not apply to the hunting of foxes or hares;

(c) does not apply to the hunting of any deer, boar or mink, unless it has escaped from a zoo or farm.

    (5) A person does not commit an offence under paragraph 1(1) if he uses a dog to stalk a wild mammal, or to flush it from cover, for the purpose—

(a) of obtaining food for human consumption,

(b) of controlling the number of a particular species in a particular area in order to safeguard the welfare of that species in that area, or

(c) of protecting sheep or other livestock, fowl or game birds from attack by wild mammals.

    (6) Sub-paragraph (5) applies to a person only if he takes reasonable steps to ensure that the wild mammal is shot as soon as possible after it is located or emerges from cover.

    (7) In this paragraph "cover" does not include cover below ground level.

Enforcement and penalties

    3.—(1) If a constable suspects with reasonable cause that a person is about to commit, is committing or has committed an offence under paragraph 1, he may arrest that person without warrant.

    (2) Subsections (1) and (2) of section 19 of the 1981 Act (powers of investigation, etc., and entry to land) apply in relation to an offence under paragraph 1 of this Schedule as they apply in relation to an offence under Part I of that Act; and for that purpose paragraph (d) of section 19(2) is to be read as if the reference to section 21 of that Act were a reference to sub-paragraph (4) of this paragraph.

    (3) A person guilty of an offence under paragraph 1 is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

    (4) The court by which any person is convicted of an offence under paragraph 1 may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence.

PART II

CONSEQUENTIAL AMENDMENTS

Game Act 1831 (c. 32)

    4. In section 35 of the Game Act 1831 (provisions as to trespassers not to apply to persons hunting, etc), omit the words "to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, nor".

Game Licences Act 1860 (c. 90)

    5. In section 5 of the Game Licences Act 1860 (exceptions), omit exceptions 3 and 4 (so far as extending to England and Wales).

Protection of Badgers Act 1992 (c. 51)

    6. In section 8 of the Protection of Badgers Act 1993 (interfering with badger setts, exceptions), subsections (4) to (9) (so far as extending to England and Wales) cease to have effect.

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Prepared 16 May 2000