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(a) grant the application, or | |
(b) refuse the application if the Tribunal 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 section 17(4). | |
(4) If satisfied that the hunting proposed in the application would satisfy the tests | 5 |
specified in section 8 if carried out in accordance with conditions other than | |
those specified in the application, the Tribunal may, with the consent of the | |
applicant or applicants— | |
(a) grant the application, and | |
(b) add to or vary the conditions specified in the application. | 10 |
(5) Where the Tribunal determines not to grant the application under subsection | |
(3) or (4) it shall refuse the application. | |
(6) In considering an appeal under section 18 the Tribunal shall assume, unless it | |
has reason not to, that the hunting proposed in an application would be carried | |
out in accordance with— | 15 |
(a) the conditions specified in section 27 or 28, and | |
(b) any condition specified in the application. | |
(7) On determining an appeal the Tribunal may— | |
(a) give a direction to the registrar; | |
(b) make any order that it thinks appropriate. | 20 |
20 Appeal from Tribunal | |
(1) A person who is party to proceedings before the Tribunal under section 18 may | |
appeal on a point of law to the High Court. | |
(2) An appeal under subsection (1) may be brought only with the permission of— | |
(a) the Tribunal, or | 25 |
(b) if the Tribunal refuses permission, the High Court. | |
The register | |
21 Form of the register | |
The Secretary of State may make regulations about— | |
(a) the form of the register; | 30 |
(b) the manner in which it is maintained. | |
22 Content of the register | |
In the case of each registration the register shall record— | |
(a) the species of wild mammal in respect of the hunting of which the | |
registration has effect, | 35 |
(b) the area in respect of hunting in which the registration has effect, | |
(c) any other information provided in or with the application for | |
registration, | |
(d) any conditions of the registration (apart from those specified in section | |
27 or 28), and | 40 |
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(e) such other matters as may be prescribed by regulations made by the | |
Secretary of State. | |
23 Inspection of the register | |
(1) The registrar— | |
(a) shall make the register available for inspection by the public at all | 5 |
reasonable times, and | |
(b) shall provide a copy of an entry in the register to any person who | |
requests it. | |
(2) But the Secretary of State may by regulations— | |
(a) provide that information of a specified kind shall not be made available | 10 |
for inspection under subsection (1)(a) and shall be omitted from copies | |
provided under subsection (1)(b); | |
(b) require the payment of a specified fee as a precondition of the provision | |
of a copy under subsection (1)(b). | |
(3) Regulations under subsection (2)(a) may make provision by reference to a | 15 |
request of a registered individual. | |
24 Standard duration of registration | |
Registration under this Part shall have effect for— | |
(a) the period of three years starting with the date on which it is effected, or | |
(b) such shorter period starting with that date as may be specified in the | 20 |
application for registration. | |
25 Renewal of registration | |
(1) Registration under this Part may be renewed so as to continue to have effect | |
for— | |
(a) the period of three years starting with the date on which renewal is | 25 |
effected, or | |
(b) such shorter period starting with that date as may be specified in the | |
application for renewal. | |
(2) A provision of this Act which has effect in relation to an application for | |
registration shall have effect (with any necessary modifications) in relation to | 30 |
an application for the renewal of a registration. | |
(3) If an application for renewal of registration is made more than six months | |
before the registration would otherwise expire, the registration shall continue | |
to have effect until the application is finally determined. | |
(4) Subsection (3) has effect— | 35 |
(a) despite section 24, but | |
(b) subject to any power under this Part to cancel or vary a registration. | |
(5) Regulations under this Part may make special provision in relation to | |
applications for renewal. | |
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26 Handling of applications | |
(1) The Secretary of State may make regulations about the treatment of an | |
application under this Part (other than under section 13 or 14). | |
(2) The regulations may, in particular— | |
(a) enable the registrar to request, before determining an application, the | 5 |
provision of information or additional information by the applicant or | |
applicants or by a prescribed animal welfare body; | |
(b) make provision about timing. | |
Conditions of registration | |
27 Automatic conditions of individual registration | 10 |
(1) Individual registration is subject to the conditions specified in this section. | |
(2) The first condition is that in the course of hunting carried out in reliance on the | |
registration reasonable steps are taken to ensure— | |
(a) that any wild mammal injured or captured is killed quickly and | |
humanely, | 15 |
(b) that any wild mammal shot in accordance with paragraph (a) is shot by | |
a competent person, and | |
(c) that hunting is carried out on land only with the prior permission of the | |
occupier of the land or, in the case of unoccupied land, a person to | |
whom it belongs. | 20 |
(3) The second condition is that any inspector appointed by a prescribed animal | |
welfare body is permitted on request to accompany the registered individual | |
for the purpose of inspecting hunting carried on in reliance on the registration. | |
(4) The third condition is that there is insurance in place in respect of loss or | |
damage caused to persons other than the registered individual in the course of | 25 |
hunting carried on in reliance on the registration. | |
(5) The fourth condition is that where the registered individual hunts in reliance | |
on the registration not more than two other individuals (whether registered or | |
not) participate in the hunting. | |
28 Automatic conditions of group registration | 30 |
(1) Group registration is subject to the conditions specified in this section. | |
(2) The first condition is that in the course of hunting carried out in reliance on the | |
registration reasonable steps are taken to ensure— | |
(a) that any wild mammal injured or captured is killed quickly and | |
humanely, | 35 |
(b) that any wild mammal shot in accordance with paragraph (a) is shot by | |
a competent person, and | |
(c) that hunting is carried out on land only with the prior permission of the | |
occupier of the land or, in the case of unoccupied land, a person to | |
whom it belongs. | 40 |
(3) The second condition is that any inspector appointed by a prescribed animal | |
welfare body is permitted on request to accompany individuals hunting in | |
reliance on the registration for the purpose of inspecting their hunting. | |
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(4) The third condition is that there is insurance in place in respect of loss or | |
damage caused to persons other than those registered in the course of hunting | |
in reliance on the registration. | |
(5) The fourth condition is that— | |
(a) on each occasion on which hunting is carried out in reliance on the | 5 |
registration a record is made of the identity of each individual (whether | |
registered or not) who participates in the hunt, and | |
(b) a record made under paragraph (a) is retained throughout the duration | |
of the registration. | |
(6) The fifth condition is that reasonable steps are taken to exclude from | 10 |
participation in hunting carried out in reliance on the registration any | |
individual whom any of the registered individuals knows or suspects— | |
(a) to have had his registration under this Part cancelled, or to have been | |
removed from a group registration, within the previous period of three | |
years, | 15 |
(b) to be subject to a disqualification order under section 43, or | |
(c) to have been convicted of an offence under this Act, the Protection of | |
Animals Act 1911 (c. 27) or the Wild Mammals (Protection) Act 1996 | |
(c. 3). | |
29 Amendment of automatic conditions | 20 |
The Secretary of State may by order amend section 27 or 28 so as to— | |
(a) add a condition; | |
(b) remove a condition; | |
(c) vary a condition. | |
30 Variation of non-automatic condition | 25 |
(1) An individual who is the subject of an individual registration may apply to the | |
registrar for variation of the conditions of the registration (other than a | |
condition imposed by section 27). | |
(2) A group of individuals who are the subject of a group registration may apply | |
to the registrar for variation of the conditions of the registration (other than a | 30 |
condition imposed by section 28). | |
(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 | 35 |
(d) be accompanied by the prescribed fee. | |
(4) Section 17 shall apply to an application under this section as if— | |
(a) a reference to the hunting proposed to be carried out were a reference | |
to hunting carried out in reliance on the registration under the | |
conditions as proposed to be varied, and | 40 |
(b) the assumption in subsection (7) were an assumption about compliance | |
with the conditions of registration as proposed to be varied. | |
(5) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | |
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