House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Hunting Bill


Hunting Bill
Part 4 — General

    19

 

 48    Subordinate legislation

     (1)    An order, regulations or rules made by the Secretary of State or the Lord

Chancellor under this Act shall be made by statutory instrument.

     (2)    An order of the Secretary of State under this Act may not be made unless a draft

has been laid before and approved by resolution of each House of Parliament.

5

     (3)    Regulations and rules under this Act shall be subject to annulment in

pursuance of a resolution of either House of Parliament.

     (4)    An order, regulations or rules made by the Secretary of State or the Lord

Chancellor under this Act—

           (a)           may make provision which applies generally or only in specified

10

circumstances or for specified purposes,

           (b)           may make different provision for different circumstances or purposes,

and

           (c)           may make transitional, consequential and incidental provision.

 49    Money

15

     (1)    Any expenditure incurred by a Minister of the Crown in connection with this Act shall

be paid out of money provided by Parliament.

     (2)    Money received by the registrar by way of fees shall be paid into the Consolidated Fund.

 50    Commencement

     (1)    The following shall come into force at the end of the period of one month

20

beginning with the date on which this Act is passed—

           (a)           Part 2,

           (b)           section 6, and

           (c)           sections 39 and 44 in so far as they relate to an offence under Part 2.

     (2)    The following shall come into force at the end of the period of three months

25

beginning with the date on which this Act is passed—

           (a)           Parts 1 and 3 (so far as not already in force), and

           (b)           section 47.

 51    Transitional arrangements

     (1)    This section applies where an individual or group makes an application under

30

section 13 or 14

           (a)           after the commencement of Part 2, and

           (b)           before the end of the period of three months beginning with the date on

which this Act is passed.

     (2)    This Act shall apply during the transitional period as if the application were

35

granted and the consequent registration effected.

     (3)    The transitional period—

           (a)           begins when the application is made, and

           (b)           ends when the application is finally determined.

     (4)    The period during which a registration is treated by this section as having been

40

effected shall be ignored in applying section 24.

 

 

Hunting Bill
Part 4 — General

    20

 

 52    Short title

This Act may be cited as the Hunting Act 2003.

 53    Extent

This Act shall extend only to England and Wales.

 

 

Hunting Bill
Schedule 1 — Exempt Hunting

 21

 

Schedules

Schedule 1

Section 1

 

Exempt Hunting

Stalking and flushing out

  1       (1)      Stalking a wild mammal, or flushing it out of cover, is exempt hunting if the

5

conditions in this paragraph are satisfied.

          (2)      The first condition is that the stalking or flushing out is undertaken for the

purpose of—

              (a)             preventing or reducing serious damage which the wild mammal

would otherwise cause—

10

                    (i)                   to livestock,

                    (ii)                  to game birds (within the meaning of section 27 of the

Wildlife and Countryside Act 1981 (c. 69)),

                    (iii)                 to food for livestock,

                    (iv)                  to crops (including vegetables and fruit),

15

                    (v)                   to growing timber,

                    (vi)                  to fisheries,

                    (vii)                 to other property, or

                    (viii)                to the biological diversity of an area (within the meaning of

the United Nations Environmental Programme Convention

20

on Biological Diversity of 1992), or

              (b)             obtaining meat to be used for human or animal consumption.

          (3)      The second condition is that the stalking or flushing out takes place on

land—

              (a)             which belongs to the person doing the stalking or flushing out, or

25

              (b)             which he has been given permission to use for the purpose by the

occupier or, in the case of unoccupied land, by a person to whom it

belongs.

          (4)      The third condition is that the stalking or flushing out does not involve the

use of more than two dogs.

30

          (5)      The fourth condition is that the stalking or flushing out does not involve the

use of a dog below ground.

          (6)      The fifth condition is that—

              (a)             reasonable steps are taken for the purpose of ensuring that as soon as

possible after being found or flushed out the wild mammal is shot

35

dead by a competent person, and

              (b)             in particular, each dog used in the stalking or flushing out is kept

under sufficiently close control to ensure that it does not prevent or

obstruct achievement of the objective in paragraph (a).

 

 

Hunting Bill
Schedule 1 — Exempt Hunting

    22

 

Rats

  2        The hunting of rats is exempt if it takes place on land—

              (a)             which belongs to the hunter, or

              (b)             which he has been given permission to use for the purpose by the

occupier or, in the case of unoccupied land, by a person to whom it

5

belongs.

Rabbits

  3        The hunting of rabbits is exempt if it takes place on land—

              (a)             which belongs to the hunter, or

              (b)             which he has been given permission to use for the purpose by the

10

occupier or, in the case of unoccupied land, by a person to whom it

belongs.

Retrieval of hares

  4        The hunting of a hare which has been shot is exempt if it takes place on

land—

15

              (a)             which belongs to the hunter, or

              (b)             which he has been given permission to use for the purpose of

hunting hares by the occupier or, in the case of unoccupied land, by

a person to whom it belongs.

Falconry

20

  5        Flushing a wild mammal from cover is exempt hunting if undertaken—

              (a)             for the purpose of enabling a bird of prey to hunt the wild mammal,

and

              (b)             on land which belongs to the hunter or which he has been given

permission to use for the purpose by the occupier or, in the case of

25

unoccupied land, by a person to whom it belongs.

Recapture of wild mammal

  6       (1)      The hunting of a wild mammal which has escaped or been released from

captivity or confinement is exempt if the conditions in this paragraph are

satisfied.

30

          (2)      The first condition is that the hunting takes place—

              (a)             on land which belongs to the hunter,

              (b)             on land which he has been given permission to use for the purpose

by the occupier or, in the case of unoccupied land, by a person to

whom it belongs, or

35

              (c)             with the authority of a constable.

          (3)      The second condition is that—

              (a)             reasonable steps are taken for the purpose of ensuring that as soon as

possible after being found the wild mammal is recaptured or shot

dead by a competent person, and

40

 

 

Hunting Bill
Schedule 2 — The Hunting Tribunal

    23

 

              (b)             in particular, each dog used in the hunt is kept under sufficiently

close control to ensure that it does not prevent or obstruct

achievement of the objective in paragraph (a).

          (4)      The third condition is that the wild mammal—

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

5

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

Rescue of wild mammal

  7       (1)      The hunting of a wild mammal is exempt if the conditions in this paragraph

are satisfied.

          (2)      The first condition is that the hunter reasonably believes that the wild

10

mammal is or may be diseased or injured.

          (3)      The second condition is that the hunting is undertaken for the purpose of

relieving the wild mammal’s suffering or treating its disease.

          (4)      The third condition is that the hunting does not involve the use of a dog

below ground.

15

          (5)      The fourth condition is that the hunting takes place—

              (a)             on land which belongs to the hunter,

              (b)             on land which he has been given permission to use for the purpose

by the occupier or, in the case of unoccupied land, by a person to

whom it belongs, or

20

              (c)             with the authority of a constable.

          (6)      The fifth condition is that—

              (a)             reasonable steps are taken for the purpose of ensuring that as soon as

possible after the wild mammal is found appropriate action (if any)

is taken to relieve its suffering or to treat its disease, and

25

              (b)             in particular, each dog used in the hunt is kept under sufficiently

close control to ensure that it does not prevent or obstruct

achievement of the objective in paragraph (a).

          (7)      The sixth condition is that the wild mammal was not harmed for the purpose

of enabling it to be hunted in reliance upon this paragraph.

30

Schedule 2

Section 10

 

The Hunting Tribunal

President and deputy

  1       (1)      The Lord Chancellor shall appoint a President of the Tribunal.

          (2)      A person may be appointed as President only if—

35

              (a)             he has a ten year general qualification within the meaning of section

71 of the Courts and Legal Services Act 1990 (c. 41),

              (b)             he is an advocate or solicitor in Scotland of at least ten years’

standing, or

              (c)             he is a member of the Bar of Northern Ireland, or a solicitor of the

40

Supreme Court of Northern Ireland, of at least ten years’ standing.

 

 

Hunting Bill
Schedule 2 — The Hunting Tribunal

    24

 

  2       (1)      The Lord Chancellor may appoint a member of the panel of chairmen of the

Tribunal as deputy President of the Tribunal.

          (2)      The deputy President—

              (a)             may act for the President if he is unable to act or unavailable or

during a vacancy in the office of President, and

5

              (b)             shall perform such other functions as the President may assign or

delegate to him.

  3        The Lord Chancellor may authorise a member of the panel of chairmen of

the Tribunal—

              (a)             to act for the President if he and the deputy President (if there is one)

10

are unable to act or unavailable;

              (b)             to act for the President during a vacancy in that office if there is no

deputy President;

              (c)             to act for the deputy President if he is unable to act or unavailable.

Chairmen

15

  4       (1)      The Lord Chancellor shall appoint persons to a panel of chairmen of the

Tribunal.

          (2)      A person may be appointed under this paragraph only if—

              (a)             he has a seven year general qualification within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41),

20

              (b)             he is an advocate or solicitor in Scotland of at least seven years’

standing, or

              (c)             he is a member of the Bar of Northern Ireland, or a solicitor of the

Supreme Court of Northern Ireland, of at least seven years’ standing.

Members

25

  5       (1)      The Lord Chancellor shall appoint persons to a panel of members of the

Tribunal.

          (2)      A person may be appointed under this paragraph only if he—

              (a)             is on the general list of veterinary surgeons (within the meaning of

section 2 of the Veterinary Surgeons Act 1966 (c. 36)), or

30

              (b)             has experience relating to the welfare of animals or the management

of land which in the Lord Chancellor’s opinion makes it appropriate

to appoint him as a member of the Tribunal.

Tenure

  6       (1)      A person appointed under any of paragraphs 1 to 5 shall hold and vacate

35

office in accordance with the terms of his appointment (subject to this

paragraph).

          (2)      A person appointed under any of paragraphs 1 to 5 may resign by notice in

writing to the Lord Chancellor.

          (3)      The Lord Chancellor may dismiss a person appointed under any of

40

paragraphs 1 to 5—

              (a)             on the grounds that he is unable or unwilling to perform his

functions, or

 

 

Hunting Bill
Schedule 2 — The Hunting Tribunal

    25

 

              (b)             for misbehaviour.

Proceedings

  7        The Tribunal shall sit in such places and at such times as the Lord Chancellor

shall determine (and may hold more than one sitting at a time).

  8       (1)      The President shall make arrangements for determining which of the

5

persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at

each sitting.

          (2)      The arrangements shall, in particular—

              (a)             ensure that at each sitting the Tribunal consists of or includes the

President or a member of the panel of chairmen, and

10

              (b)             make provision for replacement in a case where the Tribunal consists

of a single member who becomes unable to act.

  9        Decisions of the Tribunal may be taken by majority vote.

  10       The President may give directions about the practice and procedure of the

Tribunal.

15

  11       Rules under section 10 may, in particular, make provision—

              (a)             about representation of parties;

              (b)             about withdrawal of proceedings;

              (c)             about the admission of members of the public to proceedings;

              (d)             about recording and promulgating decisions;

20

              (e)             by reference to a direction given or to be given by the President.

Evidence

  12       The Tribunal—

              (a)             may call an expert witness to give evidence on a matter of fact arising

in proceedings before it, and

25

              (b)             may have regard to advice provided to it under section 12.

Costs

  13       If the Tribunal thinks that a party to proceedings before it has acted

unreasonably it may order the party to pay all or part of the costs incurred

by another party to the proceedings.

30

Council on Tribunals

  14       In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)

(tribunals under general supervision of Council) the following shall be

inserted before paragraph 22—

 

“Hunting

21B. The Hunting Tribunal

 

35

  

established by section 10 of

 
  

the Hunting Act 2003.”

 
 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2002
Revised 3 December 2002