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
291
Clause 42, page 16, line 33, at end insert—
'(4A) A forfeiture order must, in the case of a dog, make specific provision for its care and well being.'.
Mr James Gray
292
Clause 42, page 16, line 34, leave out 'dog,'.
Mr James Gray
293
Clause 42, page 16, line 39, at end insert—
'(5A) Where a dog is forfeited it may not be destroyed, and if the court under subsection (6) below refuses an application by a person having an interest in that dog, it shall be re-homed unless there is no reasonable prospect of doing so.'.
Ms Candy Atherton
Diana Organ
Mr Russell Brown
Mr Tony Banks
Mr Eric Martlew
Mark Tami
216
Clause 43, page 17, line 26, at end insert—
'(6A) The clerk of the court (within the meaning of section 141 of the Magistrates' Courts Act 1980) to which an application is made under subsection (4) shall notify the prescribed animal welfare bodies of the making of the application.'.
Ms Candy Atherton
Diana Organ
Mr Russell Brown
Mr Tony Banks
Mr Eric Martlew
Mark Tami
217
Clause 43, page 17, line 31, at end insert 'and the prescribed animal welfare bodies'.
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
294
Clause 45, page 18, line 11, leave out 'includes, in particular, any case' and insert 'is'.
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.
Hywel Williams
197
Clause 48, page 19, line 3, after 'Chancellor', insert 'or the National Assembly for Wales'.
Hywel Williams
198
Clause 48, page 19, line 4, at beginning insert 'As regards England'.
Hywel Williams
199
Clause 48, page 19, line 5, at end insert—
'( ) As regards Wales, an order of the Secretary of State or the National Assembly for Wales under this Act may not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.'.
Hywel Williams
200
Clause 48, page 19, line 6, at beginning insert 'As regards England'.
Hywel Williams
201
Clause 48, page 19, line 7, at end insert—
'( ) As regards Wales, regulations and rules under this Act shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.'.
Hywel Williams
202
Clause 48, page 19, line 9, after 'Chancellor' insert 'or the National Assembly for Wales'.
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 CLAUSES 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.'. |
Management and conservation of deer herds
Mr Adrian Flook
NC16
To move the following Clause:—
'(1) The Secretary of State may, at any time after the passing of this Act, make an order for the appointment of a Deer Management Trust (in this section "Trust") in any area to which this section applies ("deer management area").
(2) A deer management area is any area of England or Wales specified by the Secretary of State to be an area where, in his opinion, deer hunting has traditionally been practised.
(3) Before appointing a Trust, the Secretary of State shall consult—
| (a) | any district council or National Park Authority with responsibilites within the deer management area concerned; |
| (b) | representative owners and occupiers of agricultural and forestry land and owners of shooting rights on such land (in this section and in section (Default powers in respect of management and conservation of deer herds) referred to as "owners") in that area; and |
| (c) | persons with special knowledge of deer management (including officers, members or staff of recognised deer hunts) in that area. |
(4) The members of a Trust and their number and terms and period of service shall be such as the Secretary of State may decide after consultation with the bodies and persons mentioned in subsection (3):
| | Provided that at least three members of each Trust shall be members of the bodies referred to in subsection (3)(b). |
(5) A Trust may co-opt additional members, with special local knowledge or interest, to attend and participate in its meetings without counting in the quorum or the right to vote.
(6) Following its appointment, a Trust shall consult with the bodies and persons listed in subsection (3) to seek to agree with them a voluntary deer management scheme (in this section and in section (Default powers in respect of management and conservation of deer herds) referred to as "a scheme") for the area concerned, to be managed by the Trust and implemented by those bodies or persons with a view to preserving and conserving the deer herds in that area in a healthy state and in sustainable numbers, and which, in particular, would, in that area—
| (a) | include the participation in that scheme of a significant number of owners; |
| (b) | provide for the restriction or control of deer shooting which might threaten the survival of a deer herd; |
| (c) | seek to minimise the over-concentration of deer in any part of that area; |
| (d) | seek to minimise damage caused by deer on any farm, woodland or other property. |
(7) To those ends, a scheme may permit—
| (a) | stalking, flushing out and where necessary shooting of deer to prevent or reduce serious damage which those deer would otherwise cause— |
| (ii) | to game birds or wild 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), |
| (vii) | to the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992); |
| (b) | culling deer by shooting in order to maintain the size of the deer herds in such numbers as would, in the opinion of the Trust, be conducive to the good health and well-being of those deer; |
| (c) | the removal of dead animals or the killing of sick or injured animals; |
| (d) | stalking of flushing one or more deer out of cover, or moving deer from one part of a deer management area to another, in order to minimise over concentration of deer that might lead to excessive inter-breeding or be damaging to the health and well-being of herds of deer in other ways. |
(8) To carry out the purposes of the scheme set out above owners may use a limited number of dogs (not exceeding six) for stalking or flushing out deer and moving them from place to place:
| | Provided that at no time shall dogs be used for the purpose of hunting deer as a sport. |
(9) The Secretary of State may make regulations for—
| (a) | the appointment of members of a Trust; |
| (b) | the procedures of a Trust, including the making of an annual report; |
| (c) | the staffing of a Trust; |
| (d) | controlling the expenditure of a Trust; |
| (e) | periodic reviews by him of the conduct of a voluntary management scheme; and |
| (f) | the exercise of his powers and that of a Trust under this section and section (Default powers in respect of management and conservation of deer herds). |
(10) The expenses of a Trust under this section and under section (Default powers in respect of management and conservation of deer herds) may be met out of revenue raised by a Trust from tourism or other environmentally-related activities or from voluntary contributions from local authorities and other bodies, and otherwise shall be met by the Secretary of State.'.
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