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31 Appeal to Tribunal | |
(1) Where the registrar grants or refuses an application under section 30 a party to | |
the application may appeal to the Tribunal. | |
(2) The Tribunal shall give the appellant or appellants and the prescribed animal | |
welfare bodies an opportunity to make representations. | 5 |
(3) On determining the appeal the Tribunal may— | |
(a) give a direction to the registrar; | |
(b) make any order that it thinks appropriate. | |
(4) A person who is party to proceedings under this section may appeal on a point | |
of law to the High Court. | 10 |
(5) An appeal under subsection (4) may be brought only with the permission of— | |
(a) the Tribunal, or | |
(b) if the Tribunal refuses permission, the High Court. | |
Variation and cancellation of registration | |
32 Group registration: addition or replacement | 15 |
(1) An individual may apply to the registrar to be added to a group registration— | |
(a) as an additional registered individual, or | |
(b) in substitution for an individual registered. | |
(2) The applicant must be at least 18 years of age. | |
(3) An application under this section must— | 20 |
(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. | |
(4) An application under this section must be accompanied by the written consent | 25 |
of more than half of the individuals registered under the group registration. | |
(5) In the case of an application to replace an individual the consents under | |
subsection (4) must include his consent. | |
(6) The registrar shall grant an application under this section unless he thinks that | |
the applicant is not a fit and proper person to be registered by reason of— | 30 |
(a) a conviction for an offence under this Act, | |
(b) a conviction for an offence under the Protection of Animals Act 1911 | |
(c. 27), | |
(c) a conviction for an offence under the Wild Mammals (Protection) Act | |
1996 (c. 3), or | 35 |
(d) matters relating to the cancellation of the applicant’s registration or his | |
removal from a group registration. | |
(7) An addition to or substitution in a group registration shall not affect the | |
duration of the registration. | |
(8) Where an application under this section to add an individual to a group | 40 |
registration is refused no new application may be made to add the individual | |
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(8) to a group registration during the period of six months beginning with the date | |
of the refusal. | |
(9) But the registrar may permit an application despite subsection (8) by reason of | |
a material change of circumstances. | |
(10) In this section “prescribed” means prescribed by regulations made by the | 5 |
Secretary of State. | |
33 De-registration: conviction of offence | |
(1) The registrar may cancel an individual registration, or remove an individual | |
from a group registration, if the individual is convicted of an offence under— | |
(a) this Act, | 10 |
(b) the Protection of Animals Act 1911 (c. 27), or | |
(c) the Wild Mammals (Protection) Act 1996 (c. 3). | |
(2) The registrar shall notify an individual in respect of whom the registrar has | |
taken action under subsection (1). | |
34 De-registration: general | 15 |
(1) Any of the prescribed animal welfare bodies may apply to the registrar for a | |
registration to be cancelled, or for an individual to be removed from a group | |
registration, on the grounds that— | |
(a) a condition of the registration has been breached, or | |
(b) the tests specified in section 8 are no longer satisfied in respect of the | 20 |
hunting to which the registration relates. | |
(2) The occupier of land, or in the case of unoccupied land a person to whom it | |
belongs, may apply to the registrar for a registration to be cancelled, or for an | |
individual to be removed from a group registration, on the grounds that | |
trespass to the land has been committed in the course of hunting carried out in | 25 |
reliance on the registration. | |
(3) An application under this section must— | |
(a) be in the prescribed form, | |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | 30 |
(d) be accompanied by the prescribed fee. | |
(4) On an application under this section the following are entitled to make written | |
representations to the registrar— | |
(a) the applicant, | |
(b) the relevant registered individual or individuals, and | 35 |
(c) in the case of an application under subsection (2), any person to whom | |
the land belongs. | |
(5) For the purposes of an application under this section the registrar may require | |
the production of a record made pursuant to section 28(5). | |
(6) On an application under this section the registrar may— | 40 |
(a) cancel a registration or remove an individual from a group registration | |
(whether on the grounds alleged in the application, on grounds that | |
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(a) could have been alleged or on the grounds that a record required under | |
subsection (5) was not produced); | |
(b) with the consent of the individual or individuals registered, vary the | |
conditions of registration. | |
(7) An application under subsection (2) is without prejudice to a person’s right to | 5 |
seek another remedy in respect of trespass. | |
(8) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | |
35 Appeal to Tribunal | |
(1) Where the registrar refuses an application under section 32 the applicant may | 10 |
appeal to the Tribunal. | |
(2) Where the registrar takes action in respect of an individual under section 33 the | |
individual may appeal to the Tribunal. | |
(3) Where the registrar grants or refuses an application under section 34 a party to | |
the application may appeal to the Tribunal. | 15 |
(4) The Tribunal shall give the following an opportunity to make | |
representations— | |
(a) the appellant or appellants, | |
(b) the relevant registered individual or individuals (if not the appellant or | |
appellants), | 20 |
(c) the prescribed animal welfare bodies, and | |
(d) in the case of an appeal in respect of an application under section 34(2), | |
a person to whom the relevant land belongs. | |
(5) For the purposes of an appeal under this section the Tribunal may require the | |
production of a record made pursuant to section 28(5). | 25 |
(6) On determining the appeal the Tribunal may— | |
(a) give a direction to the registrar; | |
(b) make any order that it thinks appropriate. | |
(7) A person who is party to proceedings under this section may appeal on a point | |
of law to the High Court. | 30 |
(8) An appeal under subsection (7) may be brought only with the permission of— | |
(a) the Tribunal, or | |
(b) if the Tribunal refuses permission, the High Court. | |
36 De-registration: saving | |
(1) Cancellation of a registration under this Part shall be without prejudice to the | 35 |
lawfulness of anything done in reliance on it while it had effect. | |
(2) The removal of an individual from a group registration shall be without | |
prejudice to the lawfulness of anything done in reliance on his inclusion while | |
he was included. | |
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Offences | |
37 False information | |
A person commits an offence if— | |
(a) he makes a false statement or gives false information in an application | |
under this Part, and | 5 |
(b) he does not believe the statement or information to be true. | |
38 Group registration: failure to keep records | |
(1) In the case of a group registration each registered individual commits an | |
offence if he fails— | |
(a) to make a record of each occasion on which he hunts in purported | 10 |
reliance on the registration, | |
(b) when hunting in purported reliance on the registration, to make a | |
record of the identity of each individual participating in the hunting, or | |
(c) to retain throughout the duration of the registration each record made | |
by him under paragraph (a) or (b). | 15 |
(2) It is a defence for an individual charged with an offence under this section to | |
show that he reasonably believed that a record was made or retained by | |
another registered individual. | |
Part 3 | |
Enforcement | 20 |
39 Penalty | |
(1) A person guilty of an offence under this Act shall be liable on summary | |
conviction to a fine not exceeding level 5 on the standard scale. | |
(2) Where a magistrates’ court convicts a person of an offence under this Act the | |
clerk of the court (within the meaning of section 141 of the Magistrates’ Courts | 25 |
Act 1980) shall notify the registrar. | |
40 Arrest | |
A constable without a warrant may arrest a person whom he reasonably | |
suspects— | |
(a) to have committed an offence under section 1 or 7(1)(a), (b) or (2), | 30 |
(b) to be committing an offence under any of those provisions, or | |
(c) to be about to commit an offence under any of those provisions. | |
41 Search and seizure | |
(1) This section applies where a constable reasonably suspects that a person (“the | |
suspect”) is committing or has committed an offence under Part 1 of this Act. | 35 |
(2) If the constable reasonably believes that evidence of the offence is likely to be | |
found on the suspect, the constable may stop the suspect and search him. | |
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(3) If the constable reasonably believes that evidence of the offence is likely to be | |
found on or in a vehicle, animal or other thing of which the suspect appears to | |
be in possession or control, the constable may stop and search the vehicle, | |
animal or other thing. | |
(4) A constable may seize and detain a vehicle, animal or other thing if he | 5 |
reasonably believes that— | |
(a) it may be used as evidence in criminal proceedings for an offence under | |
Part 1 of this Act, or | |
(b) it may be made the subject of an order under section 42. | |
(5) For the purposes of exercising a power under this section a constable may | 10 |
enter— | |
(a) land; | |
(b) premises other than a dwelling; | |
(c) a vehicle. | |
(6) The exercise of a power under this section does not require a warrant. | 15 |
42 Forfeiture | |
(1) A court which convicts a person of an offence under Part 1 of this Act may | |
order the forfeiture of any dog or hunting article which— | |
(a) was used in the commission of the offence, or | |
(b) was in the possession of the person convicted at the time of his arrest. | 20 |
(2) A court which convicts a person of an offence under Part 1 of this Act may | |
order the forfeiture of any vehicle which was used in the commission of the | |
offence. | |
(3) In subsection (1) “hunting article” means anything designed or adapted for use | |
in connection with— | 25 |
(a) hunting a wild mammal, or | |
(b) hare coursing. | |
(4) A forfeiture order— | |
(a) may include such provision about the treatment of the dog, vehicle or | |
article forfeited as the court thinks appropriate, and | 30 |
(b) subject to provision made under paragraph (a), shall be treated as | |
requiring any person who is in possession of the dog, vehicle or article | |
to surrender it to a constable as soon as is reasonably practicable. | |
(5) Where a forfeited dog, vehicle or article is retained by or surrendered to a | |
constable, the police force of which the constable is a member shall ensure that | 35 |
such arrangements are made for its destruction or disposal— | |
(a) as are specified in the forfeiture order, or | |
(b) where no arrangements are specified in the order, as seem to the police | |
force to be appropriate. | |
(6) The court which makes a forfeiture order may order the return of the forfeited | 40 |
dog, vehicle or article on an application made— | |
(a) by a person who claims to have an interest in the dog, vehicle or article | |
(other than the person on whose conviction the order was made), and | |
(b) before the dog, vehicle or article has been destroyed or finally disposed | |
of under subsection (5). | 45 |
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(7) A person commits an offence if he fails to— | |
(a) comply with a forfeiture order, or | |
(b) co-operate with a step taken for the purpose of giving effect to a | |
forfeiture order. | |
43 Disqualification for registration | 5 |
(1) A court which convicts a person of an offence under Part 1 of this Act may | |
make an order (a “disqualification order”) that he may not— | |
(a) be registered under Part 2 of this Act, or | |
(b) hunt in reliance on section 2(2) or (3). | |
(2) A disqualification order shall specify the duration of the disqualification | 10 |
(which may be for the person’s life). | |
(3) The registrar— | |
(a) shall not register a person who is subject to a disqualification order, | |
(b) shall cancel a person’s registration if he is registered when a | |
disqualification order takes effect, and | 15 |
(c) shall cancel a person’s registration if he was subject to a disqualification | |
order when the registration took effect. | |
(4) The subject of a disqualification order may apply for an order terminating it. | |
(5) An application under subsection (4) for the termination of a disqualification | |
order may be made only if— | 20 |
(a) a year has elapsed since the date of the order, and | |
(b) a year has elapsed since the date of the determination of any previous | |
application under subsection (4) in respect of the order. | |
(6) An application under subsection (4) must be made to— | |
(a) the magistrates’ court which made the disqualification order, or | 25 |
(b) a magistrates’ court for the same petty sessions area. | |
(7) On hearing an application under subsection (4) a magistrates’ court may order | |
the applicant to pay costs. | |
(8) Where a magistrates’ court makes or terminates a disqualification order the | |
clerk of the court (within the meaning of section 141 of the Magistrates’ Courts | 30 |
Act 1980) shall notify the registrar. | |
(9) In this section a reference to a person’s registration includes a reference to his | |
inclusion in a group registration. | |
44 Offence by body corporate | |
(1) This section applies where an offence under this Act is committed by a body | 35 |
corporate with the consent or connivance of an officer of the body. | |
(2) The officer, as well as the body, shall be guilty of the offence. | |
(3) In subsection (1) a reference to an officer of a body corporate includes a | |
reference to— | |
(a) a director, manager or secretary, | 40 |
(b) a person purporting to act as a director, manager or secretary, and | |
(c) if the affairs of the body are managed by its members, a member. | |
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Part 4 | |
General | |
45 Interpretation | |
(1) In this Act “wild mammal” includes, in particular— | |
(a) a wild mammal which has been bred or tamed for any purpose, | 5 |
(b) a wild mammal which is in captivity or confinement, | |
(c) a wild mammal which has escaped or been released from captivity or | |
confinement, and | |
(d) any mammal which is living wild. | |
(2) For the purposes of this Act a reference to a person hunting a wild mammal | 10 |
with a dog includes, in particular, any case where— | |
(a) a person engages or participates in the pursuit of a wild mammal, and | |
(b) one or more dogs are employed in that pursuit (whether or not by him | |
and whether or not under his control or direction). | |
(3) For the purposes of this Act land belongs to a person if he— | 15 |
(a) owns an interest in it, | |
(b) manages or controls it, or | |
(c) occupies it. | |
(4) For the purposes of this Act a dog belongs to a person if he— | |
(a) owns it, | 20 |
(b) is in charge of it, or | |
(c) has control of it. | |
(5) For the purposes of this Act an application to the registrar shall be treated as | |
finally determined when— | |
(a) the registrar has determined the application (or it has been withdrawn | 25 |
or abandoned), and | |
(b) an appeal to the Tribunal has been determined by the Tribunal (or | |
withdrawn or abandoned) or can no longer be brought (ignoring the | |
possibility of an appeal out of time with permission). | |
(6) In this Act a reference to a party to proceedings before the registrar or the | 30 |
Tribunal includes a reference to a person who makes representations to the | |
registrar or Tribunal about the proceedings. | |
46 Crown application | |
This Act— | |
(a) binds the Crown, and | 35 |
(b) applies to anything done on or in respect of land irrespective of | |
whether it belongs to or is used for the purposes of the Crown or a | |
Duchy. | |
47 Amendments and repeals | |
(1) Schedule 3 (consequential amendments) shall have effect. | 40 |
(2) The enactments listed in Schedule 4 are hereby repealed to the extent specified. | |
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