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Paul Holmes
346
Schedule 1, page 23, line 25, leave out 'its disease' and insert 'it'.
Mike Hall
Mark Tami
Rob Marris
Albert Owen
Ms Candy Atherton
Diana Organ
342
Schedule 1, page 23, line 26, leave out from 'under' to end of line 28 and insert 'close control.'.
Mr James Gray
295
Schedule 1, page 23, line 30, at end add—
'Dog Walking
(8) A person does not contravene section 1 where a dog for which that person is responsible chases or pursues a wild mammal and where the person's principal purpose for having that dog in that place is to provide the dog with exercise or other benefits of access to an outdoor area, provided that he takes such steps as he can to bring that dog under control as soon as possible.'.
Paul Holmes
347
Schedule 1, page 23, line 30, at end insert—
'(8) The seventh condition is that the hunting does not involve the use of more than two dogs'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
5
Clause 4, page 2, line 18, leave out 'knowingly' and insert 'expressly'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
6
Clause 5, page 2, line 24, leave out 'It is a defence for' and insert 'The prosecution must show that'.
Andrew George
Mr Eric Martlew
Mark Tami
Paul Holmes
Mr Mike Hall
262
Clause 5, page 2, line 24, leave out '1' and insert '4'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
7
Clause 5, page 2, line 24, leave out from 'in' to the end of line 27, and insert 'undertaking the conduct to which the charge relates was hunting a wild mammal.'.
Dr Alan Whitehead
Mr Rob Marris
Peter Bradley
130
Clause 5, page 2, line 26, after 'registered' and insert 'for the purpose of pest control'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
8
Page 2, line 28, leave out Clause 6.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
10
Clause 7, page 2, leave out line 34.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
70
Clause 7, page 2, line 34, at end insert 'or'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
11
Clause 7, page 2, line 35, leave out from 'event' to end of line 37.
Mr Andrew George
316
Clause 7, page 2, line 36, leave out 'permits land which belongs to him' and insert 'knowingly permits land which either belongs to him or is the land for which he is the responsible tenant'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
12
Clause 7, page 3, line 6, leave out 'hunting' and insert 'coursing'.
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
9
Page 2, line 31, leave out Clause 7.
NEW CLAUSES RELATING TO PART 1
Hunting wild mammals
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
NC1
To move the following Clause:¸
'The Government shall issue licences in pursuance of Schedule (Licences) to those individuals and groups who wish to hunt a wild mammal. A person who takes part in hunting without such a licence will be committing an offence.'.
Register of licensed individuals and groups
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
NC2
To move the following Clause:—
'The Secretary of State shall maintain a register of those hunts and individuals licensed to hunt under section (Hunting wild mammals), together with the terms of the license issued to them, which shall be open to public inspection.'.
Hunting wild mammals (No. 2)
Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker
NC3
To move the following Clause:—
'The Government shall issue licences to those individuals and groups who wish to hunt a wild mammal. A person who takes part in hunting without a licence shall commit an offence.'.
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.'.
Hares (No. 2)
Mr Colin Pickthall
NC15
To move the following Clause:—
'Registration under Part 2 shall not be effected in respect of the hunting of hares of any species.'.
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.'. |
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