Amendments proposed to the Countryside and Rights of Way Bill, As Amended - continued | House of Commons |
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Mr Secretary Prescott 300 *Page 29, line 36 [Clause 52], at end insert'( ) Regulations under subsection (1)(ea) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Secretary Prescott 301 *Page 29, line 39 [Clause 52], leave out from '1988' to end of line 42.
Mr Andrew F. Bennett 69 Page 30, line 27 [Clause 54], leave out 'or 154' and insert ', 154, 164 or Schedule 12A'.
Mr Andrew F. Bennett 70 Page 30, line 34 [Clause 54], leave out from 'of' to end of line 39 and insert 'a permanent building which is in use as a dwelling,'.
Mr Secretary Prescott 225 Page 31 [Clause 54], leave out lines 19 to 21.
Mr Secretary Prescott 226 Page 31 [Clause 54], leave out lines 25 and 26.
Mr Andrew F. Bennett 71 Page 33, line 15 [Clause 55], at end insert'(5) It shall be the duty of the local highway authority to monitor from time to time the compliance with any order made under subsection (1) above, and to bring proceedings under subsection (4) if the obstruction is not removed within the time specified in the order.'.
Mr Secretary Prescott 194 Page 33, line 27 [Clause 56], leave out from '(viii)' to end of line 30 and insert 'a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981)'.
Mr Secretary Prescott 274 Page 35, line 11 [Clause 60], at end insert'(3) After section 15 of the Countryside Act 1968 there is inserted
Mr Secretary Prescott 275 Page 35, line 28 [Clause 62], at end insert'(1A) Subject to subsection (1B), upon receipt of a notification under subsection (1), each Council notified shall, in turn, notify
(1B) The Nature Conservancy Council for England and the Countryside Council for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (1A) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.'.
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
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
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 26 Page 38, line 37 [Clause 71], at end insert'section (Protection of certain wildlife from hunting with dogs)'.
NEW SCHEDULE
Mr Gordon Prentice NS1 To move the following Schedule:
'SCHEDULEWild mammals: hunting with dogsPART IPROHIBITION 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
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
(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)
(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
(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 IICONSEQUENTIAL AMENDMENTSThe 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.'.
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©Parliamentary copyright 2000 | Prepared 9 Jun 2000 |