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|(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 Adrian Flook
NC16To 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.|
|Provided that at least three members of each Trust shall be members of the bodies referred to in subsection (3)(b).|
(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.|
|(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),|
|(v)||to growing timber,|
|(vi)||to other property,|
|(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.|
|Provided that at no time shall dogs be used for the purpose of hunting deer as a sport.|
|(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).|
Mr Adrian Flook
NC17To move the following Clause:
'(1) If at any time it shall appear to the Secretary of State, following the appointment of a Deer Management Trust under section (Management and conservation of deer herds) of this Act, and following consultation with the Trust and other affected bodies and persons that, in respect of a specified deer management area
|(a)||no agreement has been reached, or can be reasonably expected to be reached, on the establishment, under that section, of a workable voluntary deer management scheme in the area concerned; or|
|(b)||a scheme has failed to fulfil one or more of the purposes of a scheme as set out in subsections (6) or (7) of section (Management and conservation of deer herds),|
(2) When an order has been made under this section, it shall be an offence to shoot a deer, except for the purposes of paragraph 7 of Schedule 1 (rescue of wild mammal), otherwise than under a licence issued by a Deer Management Trust.
(3) A Deer Management Trust may, within a deer management area, licence an owner to shoot deer on his land, or to allow deer to be shot on his land by a competent person, within such limitations regarding location, times and numbers of deer to be shot as the Trust may impose. Such shooting may only be licensed for the purposes set out in paragraphs (a) to (c) of subsection (7) of section (Management and conservation of deer herds) of this Act.
(4) A Deer Management Trust may employ such number of deer wardens as may be necessary for carrying out its responsibilities under this Act.
(5) A deer warden shall be responsible (together with other people licensed under subsection (3)) for the shooting of deer, under licence, for the purposes of that subsection or for acting under paragraph 7 of Schedule 1 (rescue of wild mammal).
(6) A deer warden may be authorised to carry out any of the functions set out in subsection (7) of section (Management and conservation of deer herds) of this Act and, in particular to carry out the functions set out in paragraph (d) of that subsection.
(7) For the purpose of exercising his functions under subsections (5) and (6), a deer warden shall, during the hours of daylight, have a right of access in a vehicle, on horseback or on foot to any land within an area in respect of which an order has been made by the Secretary of State under subsection (1):
|Provided that, whenever time allows, notice shall have been given, by or on behalf of the Trust, to the owner concerned of the intention to exercise such right of access.|
(9) It shall be an offence to impede a Trust or any employee of a Trust in the exercise of their responsibilities under this section.'.
|©Parliamentary copyright 2003||Prepared 27 Feb 2003|