Vote Bundle Text (900608-06)

Amendments proposed to the Countryside and Rights of Way Bill, As Amended - continued	House of Commons

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Mr Secretary Prescott

276

*Page 35, line 40 [Clause 62], leave out 'this Act' and insert 'the Countryside and Rights of Way Act 2000'.

Mr Secretary Prescott

277

*Page 36, line 44 [Clause 64], after '(1A)' insert 'The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1).

(1B)'.

Mr Secretary Prescott

278

*Page 37, line 8 [Clause 64], leave out subsection (5) and insert—

'(5) For subsection (3)(b) there is substituted—

"(b) the purpose of the entry is to ascertain if an offence under section 28M, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land."'.

Mr Secretary Prescott

279

*Page 37, line 18 [Clause 64], at end insert—

'(3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.'.

Mr Secretary Prescott

280

*Page 37, line 18 [Clause 64], at end insert—

'( ) After subsection (4) there is inserted—

(a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or

(b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B),

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State."'.

Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase

Page 38, line 37 [Clause 71], at end insert—

'section (Protection of certain wildlife from hunting with dogs)'.

NEW SCHEDULE

Mr Gordon Prentice
Chris McCafferty
Mr Brian Sedgemore
Dr Ian Gibson
Mr Bill Michie
Mr Ken Purchase

NS1

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

(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;

(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

(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

The 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".

The 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).

The 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.'.

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NS2

*To move the following Schedule:—

'Private Rights of Way Across Commons

Law of Property Act 1925 (c. 20)

In section 193 of the Law of Property Act 1925 there shall be inserted after subsection (4)—

Sir George Young
Mr John Maples
Mr Richard Page
Mr Dominic Grieve
Mr David Prior
Mr David Rendel

NS3

*To move the following Schedule:—

'PRIVATE RIGHTS OF WAY ACROSS COMMONS (No. 2)

Law of Property Act 1925 (c. 20)

In section 193 of the Law of Property Act 1925 there shall be inserted after subsection (4)—

Mr Secretary Prescott

195

*Page 40 [Schedule 1], leave out line 6 and insert—

'1. Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees.'.

Mr Secretary Prescott

196

*Page 40, line 18 [Schedule 1], at end insert—

'. Land covered by pens in use for the temporary reception or detention of livestock.'.

Mr Andrew F. Bennett
Dr David Clark

Page 40 [Schedule 1], leave out lines 19 and 20.

Mr Secretary Prescott

197

*Page 40, line 24 [Schedule 1], leave out '"buildings"' and insert—

' "building" includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 32; and for this purpose "structure" includes any tent, caravan or other temporary or moveable structure;'.