S.C.B.
Amendment Paper as at
Thursday 1st February 2001
STANDING COMMITTEE B
HUNTING BILL
(Except Clauses 1 to 4 and New Clauses)
Mr David Lidington
44
Schedule 3, page 19, line 32, leave out paragraph 3.
Mr David Lidington
8
Schedule 3, page 19, line 32, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
38
Schedule 3, page 19, line 32, leave out 'knowingly' and insert 'deliberately'.
Mr David Lidington
39
Schedule 3, page 19, line 32, leave out 'knowingly permits' and insert 'gives express permission for'.
Mr David Lidington
9
Schedule 3, page 19, line 35, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
10
Schedule 3, page 19, line 39, leave out 'commit an offence' and insert 'are liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
11
Schedule 3, page 20, line 4, leave out paragraph 5 and insert—
'5.—(1) A person liable to a penalty by virtue of paragraph 1, 2, 3 or 4 is liable to a penalty of an amount to be determined by the Secretary of State which shall not exceed the prescribed amount.
(2) The prescribed amount shall not exceed the sum which for the time being is equivalent to a fine of level 5 on the standard scale.
(3) A person liable to a penalty must pay the amount determined by the Secretary of State under sub-paragraph (1) to the Secretary of State before the end of the prescribed period.
(4) In this paragraph "prescribed" means prescribed in regulations made by the Secretary of State.
(5) Regulations made by the Secretary of State under this paragraph—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr David Lidington
12
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 1'.
Mr David Lidington
13
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 2'.
Mr David Lidington
14
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 3'.
Mr David Lidington
15
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 4'.
Mr David Lidington
45
Schedule 3, page 20, line 9, after second 'the', insert 'express'.
Mr David Lidington
46
Schedule 3, page 20, line 9, leave out 'or connivance'.
Mr David Lidington
47
Schedule 3, page 20, line 16, at end insert—
'7. No. offence is committed under Part I of this Schedule where the hunting is carried out by a gun pack'.
Mr David Lidington
48
Schedule 3, page 20, line 19, leave out 'stalking and flushing out'.
Mr David Lidington
119
Schedule 3, page 20, line 19, at end insert—
'(7) Hunting shall be permitted where—
(a) it is conducted at the request of the landlowner (within paragraph 22) in order to protect livestock, fish, fowl (including wild fowl), gamebirds, crops or grassland or trees, saplings or plants; or
(b) to manage the population of the quarry species in the interest of that species or other species of animals, birds or fish; and
(c) the person hunting the wild mammal reasonably believes that hunting is an appropriate means of achieving such protection or management having regard to all the circumstances (and including economic and conservation considerations) the welfare of the quarry species and other species of animals, bird or fish and the safety of other users of that or nearby land (including roads and other rights of way).'.
Mr David Lidington
16
Schedule 3, page 20, line 20, leave out 'charged with an offence' and insert 'liable to a penalty'.
Mr David Lidington
50
Schedule 3, page 20, line 21, leave out 'prove' and insert 'show'.
Mr Edward Leigh
106
Schedule 3, page 20, line 21, leave out 'prove' and insert 'claim'.
Mr David Lidington
51
Schedule 3, page 20, line 22, leave out 'stalking' and insert 'hunting'.
Mr David Lidington
52
Schedule 3, page 20, line 22, leave out 'fox, hare or rabbit' and insert 'wild mammal'.
Mr Edward Leigh
107
Schedule 3, page 20, line 24, at end insert—
'( ) The prosecution must then prove that the person charged with the offence was not stalking a fox, hare or rabbit and the conditions in this paragraph were not met.'.
Mr David Lidington
17
Schedule 3, page 20, line 25, leave out 'charged with an offence' and insert 'liable to a penalty'.
Mr David Lidington
53
Schedule 3, page 20, line 27, leave out 'fox, hare or rabbit' and insert 'wild mammal'.
Mr David Lidington
54
Schedule 3, page 20, line 28, leave out 'out of cover'.
Mr David Lidington
55
Schedule 3, page 20, line 30, leave out 'stalking or flushing out' and insert 'hunting'.
Mr David Lidington
56
Schedule 3, page 20, line 31, after 'livestock', insert 'fish'.
Mr David Lidington
57
Schedule 3, page 20, line 32, leave out 'or crops' and insert 'crops, grassland, plants or trees or to manage the population of the quarry species in the interests of that species or other species of animals, birds or fish.'.
Mr David Lidington
58
Schedule 3, page 20, line 34, leave out from 'consumption' to 'or' in line 35.
Mr David Lidington
59
Schedule 3, page 20, line 36, after 'hunt', insert 'or kill'.
Mr David Lidington
Mr Lembit Öpik
60
Schedule 3, page 20, line 38, leave out sub-paragraph (4).
Mr David Lidington
61
Schedule 3, page 20, line 38, after third 'the' insert 'deliberate'.
Mr David Lidington
62
Schedule 3, page 20, line 40, leave out sub-paragraph (5).
Mr Lembit Öpik
76
Schedule 3, page 20, line 40, leave out 'third' and insert 'second'.
Mr David Lidington
63
Schedule 3, page 20, line 42, leave out 'fox, hare or rabbit' and insert 'wild mammal'.
Mr David Lidington
65
Schedule 3, page 20, line 43, after 'dead' insert 'except where the person charged believed that it would be unsafe to do so'.
Mr A. J. Beith
Mr Lembit Öpik
117
Schedule 3, page 20, line 43, after 'dead', insert 'or otherwise killed instantly'.
Mr David Lidington
66
Schedule 3, page 20, line 43, leave out from 'dead' to end of line 46.
Mr David Lidington
64
Schedule 3, page 20, line 45, leave out 'under sufficiently close' and insert 'as far as practicable under'.
Mr David Lidington
68
Schedule 3, page 21, line 3, leave out 'took' and insert 'was intended to take'.
Mr David Lidington
67
Schedule 3, page 21, line 3, leave out 'entirely'.
Mr David Lidington
69
Schedule 3, page 21, line 7, after 'which' insert 'he reasonably believed that'.
Mr David Lidington
70
Schedule 3, page 21, line 8, at end insert ', or
(c) which he had not been forbidden to use.'.
Mr David Lidington
71
Schedule 3, page 21, line 8, at end insert ', or
(c) which was land available for public use.'.
Mr David Lidington
120
Schedule 3, page 21, line 8, at end insert—
'(8) No offence shall have been committed under paragraph 1 where the primary intention of the participants is that game birds are to be flushed to be shot and that either one, some or no species of mammals are to be shot if flushed.'.
