Hunting Bill - continued        House of Commons

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     38. - (1) The Authority shall prepare and publish codes of practice, each dealing with a particular kind of regulated hunting.
      (2) The Authority shall prepare and publish one or more codes of practice dealing with hare coursing.
      (3) The Authority shall-
    (a) review and revise each code from time to time, and
    (b) publish each revised code.
     39. - (1) Each code of practice must in the Authority'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 licence-holders 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.
     40. - (1) The Authority shall ensure that provision is made in each relevant code of practice about each of the practices mentioned in sub-paragraph (2) 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.
      (2) 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.
      (3) Provision under sub-paragraph (1)(b) about digging out must include provision about obtaining permission from land-owners.
      (4) Provision under sub-paragraph (1)(b) about digging out or bolting must be designed to minimise the time during which dogs are used below ground.
     41. - (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 Schedule the Authority or a magistrates' court 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.
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