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Index of Amendments

S.C.F.

Amendment Paper as at
Thursday 27th February 2003

STANDING COMMITTEE F


HUNTING BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [7th January 2003].

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

361

Clause     45,     page     18,     leave out line 16.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

362

Clause     45,     page     18,     leave out line 20.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

363

Clause     45,     page     18,     line     21,     leave out 'or', and insert 'at the time of the commission of an offence, and'.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

364

Clause     45,     page     18,     line     26,     after 'abandoned', insert 'after appropriate notification to the applicant by the registrar'.


   

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 Colin Pickthall

356

Clause     50,     page     19,     line     23,     leave out 'section 6' and insert 'sections 6 and 7'.

   

Mr Colin Pickthall

358

Clause     50,     page     19,     line     24,     leave out 'and' and insert 'to'.

   

Mr Colin Pickthall

357

Clause     50,     page     19,     line     24,     after 'under', insert 'section 7 or'.


   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

45

Clause     51,     page     19,     line     33,     leave out 'three' and insert 'twelve'.

   

Rob Marris

355

Clause     51,     page     19,     line     39,     at end insert ', or on the expiry of a period of 12 months starting on the date the application was received by the registrar, whichever is the sooner.'.


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—

      (i) to livestock,

      (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.

    (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.'.


Default powers in respect of management and conservation of deer herds

   

Mr Adrian Flook

NC17

To 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),

       he shall make an order to apply a mandatory deer management scheme in the area concerned, as provided for in the following subsections.

    (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.

    (8)   When exercising any of his functions under subsections (5) to (7), a deer warden may be accompanied by not more than six dogs.

    (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.'.

 
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Prepared 27 Feb 2003