Hunting Bill

Hunting Bill - continued	House of Commons
SCHEDULE 2, HUNTING WITH DOGS: REGULATION - continued

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PART VI

INTERPRETATION

Unrestricted hunting

56. - (1) Stalking an animal is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.

(2) The first condition is that the stalking is undertaken-

(a) for the purpose of protecting livestock, fowl (including wild fowl), game birds or crops,

(b) for the purpose of obtaining meat to be used for human or animal consumption without first being sold or otherwise dealt with in the way of trade, or

(3) The second condition is-

(a) that reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the animal escapes or is shot dead, and

(b) in particular, that any dog used in the stalking is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).

(4) The second condition does not apply to stalking undertaken for the purpose mentioned in sub-paragraph (2)(c).

(5) The third condition is that the stalking takes place entirely on land-

(a) which belongs (within the meaning of paragraph 63(e)) to the person doing the stalking, or

(b) which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).

57. - (1) Flushing an animal out of cover is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.

(2) The first condition is that the flushing out is undertaken-

(a) for the purpose of protecting livestock, fowl (including wild fowl), game birds or crops,

(b) for the purpose of obtaining meat to be used for human or animal consumption without first being sold or otherwise dealt with in the way of trade, or

(3) The second condition is-

(a) that reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out the animal escapes or is shot dead, and

(b) in particular, that any dog used in the flushing out is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).

(4) The second condition does not apply to flushing out undertaken for the purpose mentioned in sub-paragraph (2)(c).

(5) The third condition is that the flushing out takes place entirely on land-

(a) which belongs (within the meaning of paragraph 63(e)) to the person doing the flushing out, or

(b) which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).

58. - (1) Hunting rodents is unrestricted hunting for the purposes of this Schedule if the condition in this paragraph is met.

(2) The condition is that the hunting takes place entirely on land-

(a) which belongs (within the meaning of paragraph 63(e)) to the person hunting, or

(b) which he is permitted to use for that purpose by someone to whom the land belongs (within the meaning of that paragraph).

59. Retrieving a rabbit or hare which has been shot is unrestricted hunting for the purposes of this Schedule.

60. - (1) Searching for an animal which has escaped or been released from captivity is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.

(2) The first condition is-

(a) that reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the animal is recaptured or shot dead, and

(b) in particular, that any dog used in the search is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).

(3) The second condition is that the animal-

(a) has not been released for the purpose of being hunted, and

(b) has not, for that purpose, been permitted to escape.

61. - (1) Searching for an animal which the person conducting the search believes is or may be seriously injured is unrestricted hunting for the purposes of this Schedule if the conditions in this paragraph are met.

(2) The first condition is that the search is undertaken for the purpose of relieving the animal's suffering.

(3) The second condition is-

(a) that reasonable steps are taken for the purpose of ensuring that as soon as possible after the animal is found appropriate action (if any) is taken to relieve any suffering, and

(b) in particular, that any dog used in the search is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective mentioned in paragraph (a).

62. - (1) The Secretary of State may by order amend this Part of this Schedule so as to provide for an activity-

(a) to become unrestricted hunting, or

(b) to cease to be unrestricted hunting.

(2) An order under this paragraph-

(a) shall be made by statutory instrument,

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament,

(d) may make transitional provision.

General

63. For the purposes of this Schedule-

(a) a dog "belongs" to a person if he-

(i) owns it,

(ii) is in charge of it, or

(iii) has control of it,

(b) a person is "in charge of a dog" employed in hunting if (and only if)-

(i) he has sole or shared responsibility for controlling or directing the dog, or

(ii) he is responsible for giving directions as to the deployment of the dog,

(c) a "hunt" means a body of persons (corporate or unincorporated) who combine wholly or partly for the purpose of hunting wild mammals with dogs,

(d) a reference to "hunting" a wild mammal with a dog includes, in particular, any case where-

(i) a person engages or participates in the pursuit of a wild mammal, and

(ii) one or more dogs are employed in that pursuit (whether or not by him and whether or not under his control or direction),

(e) land "belongs" to a person if he-

(i) owns an interest in it,

(ii) manages or controls it, or

(iii) occupies it,

(f) "licence-holder" means the holder of a personal hunting licence, a group hunting licence or a coursing licence, and

(g) "wild mammal" includes, in particular-

(i) a wild mammal which has been bred or tamed for the purpose of being hunted or for any other purpose,

(ii) a wild mammal which is in captivity or confinement,

(iii) a wild mammal which has escaped or been released from captivity or confinement, and

(iv) any mammal which is living wild.

Index

64. In this Schedule the expressions listed below are defined by the provisions specified.

Expression	Interpretation provision
Belongs (dog).	Paragraph 63.
Belongs (land).	Paragraph 63.
In charge of (dog).	Paragraph 63.
Coursing licence.	Paragraph 22.
Financial year.	Paragraph 16.
Group hunting licence.	Paragraph 24.
Hare coursing event.	Paragraph 22.
A hunt.	Paragraph 63.
Hunting.	Paragraph 63.
Licence-holder.	Paragraph 63.
Organise.	Paragraph 22.
Personal hunting licence.	Paragraph 24.
Prescribed.	Paragraphs 25 & 34.
Prohibited hunting.	Paragraph 42.
Regulated hunting.	Paragraph 21.
Unrestricted hunting.	Paragraphs 56 to 61.
Wild mammal.	Paragraph 63.

Prepared 8 December 2000