|
| |
| |
A | |
Bill | |
To | |
Make provision about hunting wild mammals with dogs; to prohibit hare | |
coursing; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Offences | |
1 Hunting wild mammals with dogs | |
A person commits an offence if he hunts a wild mammal with a dog, unless his | |
hunting is— | 5 |
(a) registered, or | |
(b) exempt. | |
2 Registered hunting | |
(1) Hunting by an individual is registered if he is the subject of individual | |
registration in respect of— | 10 |
(a) wild mammals of the species hunted, and | |
(b) the area in which the hunting takes place. | |
(2) Hunting by an individual is also registered if— | |
(a) he participates in hunting by a group, | |
(b) at least one of the group is registered under a group registration in | 15 |
respect of— | |
(i) wild mammals of the species hunted, and | |
(ii) the area in which the hunting takes place, and | |
(c) his participation in the hunting is recorded under arrangements made | |
in pursuance of section 28(5). | 20 |
(3) Hunting by an individual is also registered if— | |
| |
| |
| |
|
| |
| |
(a) he participates in hunting by a number of individuals, | |
(b) one of the individuals is the subject of individual registration in respect | |
of— | |
(i) wild mammals of the species hunted, and | |
(ii) the area in which the hunting takes place, and | 5 |
(c) the condition of registration imposed by section 27(5) (maximum | |
number of hunters) is complied with. | |
(4) In this Act— | |
“group registration” means registration under Part 2 pursuant to an | |
application under section 14, and | 10 |
“individual registration” means registration under Part 2 pursuant to an | |
application under section 13. | |
3 Exempt hunting | |
(1) Hunting is exempt if it is within a class specified in Schedule 1. | |
(2) The Secretary of State may by order amend Schedule 1 so as to vary a class of | 15 |
exempt hunting. | |
4 Hunting: assistance | |
(1) A person commits an offence if he knowingly permits land which belongs to | |
him to be entered or used in the course of the commission of an offence under | |
section 1. | 20 |
(2) A person commits an offence if he knowingly permits a dog which belongs to | |
him to be used in the course of the commission of an offence under section 1. | |
5 Hunting: defence | |
It is a defence for a person charged with an offence under section 1 in respect | |
of hunting to show that he reasonably believed that the hunting was— | 25 |
(a) registered, or | |
(b) exempt. | |
6 Deer | |
Registration under Part 2 shall not be effected in respect of the hunting of deer | |
of any species. | 30 |
7 Hare coursing | |
(1) A person commits an offence if he— | |
(a) participates in a hare coursing event, | |
(b) attends a hare coursing event, | |
(c) knowingly facilitates a hare coursing event, or | 35 |
(d) permits land which belongs to him to be used for the purposes of a hare | |
coursing event. | |
(2) Each of the following persons commits an offence if a dog participates in a hare | |
coursing event— | |
| |
| |
|
| |
| |
(a) any person who enters the dog for the event, | |
(b) any person who permits the dog to be entered, and | |
(c) any person who controls or handles the dog in the course of or for the | |
purposes of the event. | |
(3) A “hare coursing event” is a competition in which dogs are, by the use of live | 5 |
hares, assessed as to skill in hunting hares. | |
Part 2 | |
Registration | |
Introductory | |
8 Tests for registration: utility and least suffering | 10 |
(1) The first test for registration in respect of proposed hunting of wild mammals | |
is that it is likely to make a significant contribution to the prevention or | |
reduction of serious damage which the wild mammals to be hunted would | |
otherwise cause to— | |
(a) livestock, | 15 |
(b) game birds (within the meaning of section 27 of the Wildlife and | |
Countryside Act 1981 (c. 69)), | |
(c) food for livestock, | |
(d) crops (including vegetables and fruit), | |
(e) growing timber, | 20 |
(f) fisheries, | |
(g) other property, or | |
(h) the biological diversity of an area (within the meaning of the United | |
Nations Environmental Programme Convention on Biological | |
Diversity of 1992). | 25 |
(2) The second test for registration in respect of proposed hunting of wild | |
mammals is that a contribution equivalent to that mentioned in subsection (1) | |
could not reasonably be expected to be made (whether by the person | |
proposing to hunt or by another person) in a manner likely to cause | |
significantly less pain, suffering or distress to the wild mammals to be hunted. | 30 |
9 The registrar | |
(1) The Secretary of State shall appoint a person (“the registrar”) to maintain a | |
register for the purposes of this Act. | |
(2) The registrar shall hold and vacate office in accordance with the terms and | |
conditions of his appointment. | 35 |
(3) The registrar shall comply with— | |
(a) regulations made by the Secretary of State under this Part, and | |
(b) any direction given to the registrar by the Hunting Tribunal | |
(established under section 10) in the course of or on the determination | |
of proceedings under this Part. | 40 |
(4) In exercising his functions the registrar shall have regard to any relevant | |
decision of the Hunting Tribunal. | |
| |
| |
|
| |
| |
(5) The Secretary of State may— | |
(a) pay remuneration and allowances to the registrar; | |
(b) defray expenses of the registrar; | |
(c) provide staff, equipment or other facilities for the registrar. | |
(6) Service as the registrar is employment in the civil service of the State. | 5 |
10 The Hunting Tribunal | |
(1) There shall be a Hunting Tribunal. | |
(2) Schedule 2 (which makes provision about the Tribunal) shall have effect. | |
(3) The Lord Chancellor may make rules— | |
(a) regulating the exercise of a right to appeal or apply to the Tribunal; | 10 |
(b) about practice and procedure in relation to proceedings before the | |
Tribunal. | |
11 Prescribed animal welfare bodies | |
(1) The Secretary of State shall by regulations prescribe one or more bodies as | |
prescribed animal welfare bodies for the purposes of this Part. | 15 |
(2) The Secretary of State may prescribe a body only if he thinks that it is wholly | |
or partly concerned with the protection or welfare of animals. | |
(3) The Secretary of State may make a payment by way of grant (which may be subject to | |
conditions) to a prescribed animal welfare body. | |
12 Advisory bodies | 20 |
(1) English Nature may provide advice on request to the registrar or the Tribunal | |
about the exercise of a function under this Act in relation to England. | |
(2) The Countryside Council for Wales may provide advice on request to the | |
registrar or the Tribunal about the exercise of a function under this Act in | |
relation to Wales. | 25 |
Application for registration | |
13 Application by individual | |
(1) An individual may apply to the registrar to be entered in the register in respect | |
of hunting which he proposes to carry out. | |
(2) An applicant must be at least 18 years of age. | 30 |
(3) An application must— | |
(a) be in the prescribed form, | |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | 35 |
(4) An application must specify— | |
(a) the species of wild mammal which it is proposed to hunt, and | |
| |
| |
|
| |
| |
(b) the area in which it is proposed to hunt. | |
(5) An application may specify a condition to be included in the register as a | |
condition of the proposed hunting. | |
(6) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | 5 |
14 Application on behalf of group | |
(1) One or more individuals may apply to the registrar to be entered in the register | |
in respect of hunting to be carried out jointly by— | |
(a) the individual registered or one or more of the individuals registered, | |
and | 10 |
(b) one or more individuals under the supervision of the individual | |
registered or of one or more of the individuals registered. | |
(2) Each of the applicants must be at least 18 years of age. | |
(3) An application must— | |
(a) be in the prescribed form, | 15 |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | |
(4) An application must specify— | |
(a) the species of wild mammal which it is proposed to hunt, and | 20 |
(b) the area in which it is proposed to hunt. | |
(5) An application may specify a condition to be included in the register as a | |
condition of the proposed hunting. | |
(6) An application must, in particular, include conditions specifying— | |
(a) a maximum number of individuals who may hunt at any time, | 25 |
(b) arrangements to ensure compliance with the condition about records | |
imposed by section 28(5), and | |
(c) arrangements for supervision by the individual or individuals to be | |
registered of non-registered individuals participating in the proposed | |
hunting. | 30 |
(7) An application may request that one or more of the registered individuals | |
should be registered in respect of hunting to be carried out without the | |
participation of a non-registered individual (as well as in respect of the joint | |
hunting mentioned in subsection (1)). | |
(8) Section 2(1) shall have effect as if the reference to individual registration | 35 |
included a reference to registration by virtue of subsection (7) above (but | |
section 2(3) shall not apply). | |
(9) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | |
15 Handling | 40 |
(1) The Secretary of State may make regulations about the treatment of an | |
application under section 13 or 14. | |
| |
| |
|
| |
| |
(2) The regulations may, in particular— | |
(a) enable the registrar to request, before determining an application, the | |
provision of information or additional information by the applicant or | |
applicants or by a prescribed animal welfare body; | |
(b) make provision about timing; | 5 |
(c) enable or require the registrar to permit the amendment of an | |
application, by the applicant or applicants, before its determination. | |
16 Renewal of application | |
(1) Where an individual application is refused, the applicant may not make a new | |
individual application during the period of six months beginning with the date | 10 |
on which the first application is finally determined. | |
(2) Where an individual registration is cancelled the individual may not make a | |
new individual application during the period of six months beginning with the | |
date of cancellation. | |
(3) Where a group application is refused, none of the applicants may be party to a | 15 |
new group application during the period of six months beginning with the | |
date on which the first application is finally determined. | |
(4) Where a group registration is cancelled none of the group may be party to a | |
new group application during the period of six months beginning with the | |
date of cancellation. | 20 |
(5) Where an individual is removed from a group registration or an application to | |
add him to a group registration is refused he may not be party to a new group | |
application during the period of six months beginning with the date on which | |
the removal is effected or the first application is finally determined. | |
(6) But— | 25 |
(a) a refusal, cancellation or removal, other than one under section 17(3)(b), | |
19(3)(b), 32(6) or 33(1), does not prevent a new application which— | |
(i) relates only to species to which the old application or | |
registration did not relate, or | |
(ii) relates only to an area to which the old application or | 30 |
registration did not relate, and | |
(b) the registrar may permit an application despite any of subsections (1) | |
to (5) by reason of a material change of circumstances. | |
(7) In this section— | |
“group application” means an application under section 14, and | 35 |
“individual application” means an application under section 13. | |
Determination | |
17 Determination by registrar | |
(1) This section applies to an application for registration under section 13 or 14. | |
(2) On receipt of an application the registrar shall— | 40 |
(a) invite the prescribed animal welfare bodies to make written | |
representations about the application within a specified period, and | |
| |
| |
|
| |
| |
(b) consider any written representations made by any of those bodies | |
within that period. | |
(3) If the registrar is satisfied that the hunting proposed in an application would | |
satisfy the tests specified in section 8 he shall— | |
(a) grant the application, or | 5 |
(b) refuse the application if he thinks that the applicant, or any of the | |
applicants, is not a fit and proper person to be registered by reason of a | |
matter specified in subsection (4). | |
(4) Those matters are— | |
(a) conviction for an offence under this Act, | 10 |
(b) conviction for an offence under the Protection of Animals Act 1911 | |
(c. 27), | |
(c) conviction for an offence under the Wild Mammals (Protection) Act | |
1996 (c. 3), | |
(d) matters relating to the cancellation of the registration of the applicant | 15 |
or any of the applicants or his or their removal from a group | |
registration, and | |
(e) matters relating to the cancellation of the registration of an individual | |
who would be likely to hunt in reliance on the registration or his | |
removal from a group registration. | 20 |
(5) If the registrar is satisfied that the hunting proposed in an application would | |
satisfy the tests specified in section 8 if carried out in accordance with | |
conditions other than those specified in the application, he may, with the | |
consent of the applicant or applicants— | |
(a) grant the application, and | 25 |
(b) add to or vary the conditions specified in the application. | |
(6) Where the registrar determines not to grant an application under subsection (3) | |
or (5) he shall refuse it. | |
(7) In considering an application the registrar shall assume, unless he has reason | |
not to, that the hunting proposed would be carried out in accordance with— | 30 |
(a) the conditions specified in section 27 or 28, and | |
(b) any condition specified in the application. | |
18 Appeal to Tribunal | |
(1) Where the registrar refuses an application under section 13 or 14 the applicant | |
or applicants may appeal to the Tribunal. | 35 |
(2) Where the registrar grants an application under section 13 or 14 a prescribed | |
animal welfare body may appeal to the Tribunal. | |
19 Determination by Tribunal | |
(1) This section applies where an appeal is brought to the Tribunal under section | |
18 against the registrar’s decision on an application. | 40 |
(2) The Tribunal shall give the applicant or applicants and the prescribed animal | |
welfare bodies an opportunity to make representations. | |
(3) If satisfied that the hunting proposed in the application would satisfy the tests | |
specified in section 8 the Tribunal shall— | |
| |
| |
|
