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PART IV |
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OFFENCES |
| Prohibited hunting |
| 42. - (1) A person commits an offence if he engages or participates in prohibited hunting. |
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(2) Hunting a wild mammal with a dog is prohibited hunting if it is not- |
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(a) regulated hunting (within the meaning of paragraph 21), or |
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(b) unrestricted hunting (within the meaning of paragraphs 55 to 60). |
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(3) Participation in a hare coursing event is not prohibited hunting. |
| Unlicensed regulated hunting |
| 43. - (1) A person commits an offence if he engages or participates in regulated hunting which is not licensed. |
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(2) Regulated hunting is licensed if in the case of each dog employed in the hunting there is a person who- |
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(a) holds a hunting licence, and |
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(b) is in charge of the dog. |
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(3) But regulated hunting is not licensed if a person who is in charge of a dog employed in the hunting holds a hunting licence and- |
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(a) the hunting falls outside the terms of the licence, or |
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(b) the hunting involves a breach of a condition of the licence. |
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(4) For the purposes of sub-paragraph (3)(b) it is immaterial whether a breach of condition is caused by the action or inaction of- |
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(b) the person charged with the offence, or |
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(5) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that he was engaging or participating in licensed regulated hunting. |
| Hare coursing |
| 44. - (1) A person commits an offence if he- |
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(a) acts as an official at a hare coursing event which is not licensed, or |
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(b) knowingly permits land which belongs to him (within the meaning of paragraph 63(e)) to be used for the purposes of a hare coursing event which is not licensed. |
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(2) The following persons commit an offence if a dog participates in a hare coursing event which is not licensed- |
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(a) any person who enters the dog for the event, |
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(b) any person who knowingly permits the dog to be entered, and |
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(c) any person who controls or handles the dog in the course of or for the purposes of the event. |
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(3) A hare coursing event is licensed if a person who organises it holds a coursing licence. |
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(4) But a hare coursing event is not licensed if a person who organises it holds a coursing licence and- |
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(a) the event falls outside the terms of the licence, or |
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(b) the event involves a breach of a condition of the licence. |
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(5) For the purposes of sub-paragraph (4)(b) it is immaterial whether a breach of condition is caused by the action or inaction of- |
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(b) the person charged with the offence, or |
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(6) It is a defence for a person charged with an offence under this paragraph in respect of a hare coursing event to prove that he reasonably believed that the event was licensed. |
| False information |
| 45. A person who makes an application under this Schedule commits an offence if for the purposes of the application he- |
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(a) knowingly makes a false or misleading statement, |
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(b) makes a statement which he does not believe to be true, or |
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(c) knowingly fails to disclose a material fact. |