Effect of codes of practice
Mr Peter Luff
Lembit Öpik
NC8
To move the following Clause:—
'(1) Failure by a person to comply with a code of practice shall not of itself make him liable to criminal or civil proceedings.
(2) In exercising a function under this Part the registrar or the Tribunal may take into account—
| (b) | a failure to comply with a code of practice. |
(3) A code of practice—
| (a) | shall be admissible in evidence in criminal or civil proceedings, and |
| (b) | shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.'. |
Fox
Mr Michael Foster
NC9
To move the following Clause:—
'Registration under Part 2 shall not be effected in respect of the hunting of fox between 1st March and 30th November.'.
Hares
Mr Michael Foster
NC10
To move the following Clause:—
'Registration under Part 2 shall not be effected in respect of the hunting of hares.'.
Use of dogs below ground
Mr Michael Foster
NC11
To move the following Clause:—
'Registration under Part 2 shall not be effected in respect of any hunting that involves the use of a dog below ground.'.
Lowland hunting of fox
Mr Michael Foster
NC12
To move the following Clause:—
'Registration under Part 2 shall not be effected in respect of any hunting of fox in an area of land below an altitude of 500 metres above sea level.'
NEW SCHEDULES RELATING TO PART 1
Mr James Gray
Mr Peter Luff
Mr Edward Garnier
Mr Gregory Barker
NS2
To move the following Schedule:—
| 1. | A licence will be granted by the Secretary of State to the groups, clubs or individuals whose names and addresses appear in an appendix to the licence to use hounds or other dogs to hunt the species of wild mammal detailed in the appendix, in accordance with the following terms and conditions. |
| 2. | All applications for licences to hunt mammals using dogs shall be made in writing to the Secretary of State, who may not unreasonably withhold such a licence, always understanding that the applicant undertakes to adhere to the terms of the licence. |
| 3. | The licence shall be issued on a three-yearly basis. |
| 4. | The licensee will pay a fee to cover the cost of the administration of the licence, which will be set from time to time by the Secretary of State but will initially be the sum of £50 for an individual, or £250 for a group. |
| 5. | The Secretary of State will investigate any complaint made to him of an alleged breach of the terms of the licence, and if the allegation is well founded under English law, he may take appropriate action against any individual or group as he sees fit from the following:— |
(a) issue a public warning or censure of any group or individual;
(b) appoint on such terms as he thinks fit a person to supervise the activities of the individual or group;
(c) suspend the licence for such period as he sees fit, but which may not be any longer than twelve months, after which the group or individual could re-apply;
(d) revoke the licence for an indefinite period;
(e) ban an individual from any of the licensed activities for life.
| | Revocation of the licence shall only occur with twelve months notice in writing. |
| 6. | The licence and its constraints shall extend to group officials and mounted and dismounted followers and to spectators who are members of the group or club. The licensee shall use reasonable endeavours to ensure that they comply with the terms of the licence. |
| 7. | The licensee may only enter land to exercise the terms and conditions of this licence where he has obtained prior permission to do so from the individual or organisation that is legally responsible for the granting of such permission. On any occasion on which dogs stray onto land where there is no landowner's permission, the licensee will use reasonable endeavours to withdraw them as soon as practicable. |
| 8. | The licensee will use reasonable endeavours to ensure that adequate and proper arrangements are made to protect the safety of participants, followers and any others who accept authority of the licensee. |
| 9. | The licensee will use reasonable endeavours to ensure that statutory law and relevant byelaws are observed in proper exercise of the licence. In particular the licensee will take reasonable care— |
(a) to prevent disturbance to agricultural livestock;
(b) to prevent disturbance other users of the land;
(c) to ensure that the fences, gates, tracks and other appurtenances over which the licence is exercised are left in good order to the satisfaction of the landowner; and
(d) to ensure compliance at all times with any statutory requirement relating to the protection or welfare of all animals.
| 10. | The licensee will use reasonable endeavours to ensure that group members, followers and spectators are fully aware of the terms of the licence including any instructions to minimise damage to property and disturbance to other wildlife, legitimate users of the countryside or neighbouring residents. |
| 11. | The use of firearms is prohibited, with the exception of those firearms used for the humane destruction of wild animals. |
| 12. | The digging out of wild mammals is only permitted for the purposes of wildlife management and with the express permission of the landowner or person with legal authority to exercise such permission; except where the wild mammal is injured or sick, when it may be dug out and humanely destroyed. In the event of a sick or injured mammal being dug out without the landowners's permission, the licensee must keep a written record that explains the justification for so doing. |
| 13. | The licensee will submit a written report to the Secretary of State within thirty days of the final fixture under the terms of this licence detailing— |
(a) the number of days on which licensed activities occurred;
(b) the number of the hunted mammals seen or disturbed;
(c) the number of the hunted mammals chased;
(d) the number of the hunted mammals killed; and
(e) any records pertaining to digging out under paragraph 12.
| 14. | The Secretary of State, or agencies appointed by him, will undertake the monitoring of activities, and from time to time may appoint officers to attend fixtures, in order to ensure compliance with the terms of the licence. The licensee will ensure that full co-operation is given to the appointed officers. |
| 15. | The licensee will indemnify any third parties against any loss or damage, injury or death arising from the exercise of the licence. Groups and clubs will during the period of the licence maintain an insurance policy with a reputable insurance company to an amount of not less than £5 million in respect of any one claim. The amount of such insurance shall not limit the liability of the licensee. The licensee will produce the said insurance policy and receipt for the premium paid not more than 14 days after the issue of the licence.'. |
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
41
Clause 40, page 15, line 30, at end insert 'or'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
42
Clause 40, page 15, line 31, leave out from 'provisions' to end of line 32.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
43
Clause 45, page 18, line 9, leave out 'living wild' and insert 'is a deer, hare, fox or mink'.
Mr James Gray
95
Clause 45, page 18, line 13, leave out from 'pursuit' to under in line 14 and insert '(by him or'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
44
Page 18, line 33, leave out Clause 46.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
61
Schedule 3, page 26, leave out lines 28 to 30.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
45
Clause 51, page 19, line 33, leave out 'three' and insert 'twelve'.
NEW CLAUSE RELATING TO PART 4
Compensation
Mr James Gray
Mr Peter Luff
Mr Hugo Swire
Mr Gregory Barker
Mr Adrian Flook
Mr Edward Garnier
NC4
To move the following Clause:—
'Compensation shall be paid to all of those whose livelihoods will be affected by—
| (a) | the failure of an applicant to become a registered hunt, at a level and in a manner to be decided by the registrar; or |
| (b) | the banning of a particular activity, at a level to be agreed in secondary legislation.'. |
Mr James Gray
1
Title, line 2, leave out 'To prohibit hare coursing.'.
ORDER OF THE HOUSE (MONDAY 16TH DECEMBER 2002)
HUNTING BILL
That the following provisions shall apply to the Hunting Bill:
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th February 2003.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.
6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendment or any further messages from the Lords) may be programmed.
ORDER OF THE COMMITTEE [7th JANUARY]
That—
(1) during proceedings on the Hunting Bill the Standing Committee shall, in addition to its first sitting on Tuesday 7th January 2003 at 4.30 p.m., meet on Tuesdays and Thursdays at 8.55 a.m. and 2.30 p.m.;
(2) the Bill shall be considered in the following order: Part 2, Part 1, Part 3 and Part 4 (in each case including related Schedules, New Clauses and New Schedules, with each Schedule being taken immediately after the Clause which introduces it);
(3) proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 5.00 p.m. on Thursday 13th February 2003.
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