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27 Renewal of registration | |
(1) Registration under this Part may be renewed so as to continue to have effect | |
for— | |
(a) the period of three years starting with the date on which renewal is | |
effected, or | 5 |
(b) such shorter period starting with that date as may be specified — | |
(i) by the registrar or Tribunal on granting the application for | |
renewal, or | |
(ii) where no period is specified under sub-paragraph (i), in the | |
application for renewal. | 10 |
(2) A provision of this Act which has effect in relation to an application for | |
registration shall have effect (with any necessary modifications) in relation to | |
an application for the renewal of a registration. | |
(3) If an application for renewal of registration is made more than six months | |
before the registration would otherwise expire, the registration shall continue | 15 |
to have effect until the application is finally determined. | |
(4) Subsection (3) has effect— | |
(a) despite section 26, but | |
(b) subject to any power under this Part to cancel or vary a registration. | |
(5) Regulations under this Part may make special provision in relation to | 20 |
applications for renewal. | |
28 Handling of applications | |
(1) The Secretary of State may make regulations about the treatment of an | |
application under this Part (other than under section 15 or 16). | |
(2) The regulations may, in particular— | 25 |
(a) enable the registrar to request, before determining an application, the | |
provision of information or additional information by the applicant or | |
applicants or by a prescribed animal welfare body; | |
(b) make provision about timing. | |
Conditions of registration | 30 |
29 Automatic conditions of individual registration | |
(1) Individual registration is subject to the conditions specified in this section. | |
(2) The first condition is that in the course of hunting carried out in reliance on the | |
registration reasonable steps are taken to ensure— | |
(a) that any wild mammal injured or captured is killed quickly and | 35 |
humanely, | |
(b) that any wild mammal shot in accordance with paragraph (a) is shot by | |
a competent person, and | |
(c) that hunting is carried out on land only with the prior permission of the | |
occupier of the land or, in the case of unoccupied land, a person to | 40 |
whom it belongs. | |
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(3) The second condition is that any inspector appointed by a prescribed animal | |
welfare body is permitted on request to accompany the registered individual | |
for the purpose of inspecting hunting carried on in reliance on the registration. | |
(4) The third condition is that there is insurance in place in respect of loss or | |
damage caused to persons other than the registered individual in the course of | 5 |
hunting carried on in reliance on the registration. | |
(5) The fourth condition is that where the registered individual hunts in reliance | |
on the registration not more than two other individuals (whether registered or | |
not) participate in the hunting. | |
30 Automatic conditions of group registration | 10 |
(1) Group registration is subject to the conditions specified in this section. | |
(2) The first condition is that in the course of hunting carried out in reliance on the | |
registration reasonable steps are taken to ensure— | |
(a) that any wild mammal injured or captured is killed quickly and | |
humanely, | 15 |
(b) that any wild mammal shot in accordance with paragraph (a) is shot by | |
a competent person, and | |
(c) that hunting is carried out on land only with the prior permission of the | |
occupier of the land or, in the case of unoccupied land, a person to | |
whom it belongs. | 20 |
(3) The second condition is that any inspector appointed by a prescribed animal | |
welfare body is permitted on request to accompany individuals hunting in | |
reliance on the registration for the purpose of inspecting their hunting. | |
(4) The third condition is that there is insurance in place in respect of loss or | |
damage caused to persons other than those registered in the course of hunting | 25 |
in reliance on the registration. | |
(5) The fourth condition is that— | |
(a) on each occasion on which hunting is carried out in reliance on the | |
registration a record is made of the identity of each individual (whether | |
registered or not) who participates in the hunt, and | 30 |
(b) a record made under paragraph (a) is retained throughout the duration | |
of the registration. | |
(6) The fifth condition is that reasonable steps are taken to exclude from | |
participation in hunting carried out in reliance on the registration any | |
individual whom any of the registered individuals knows or suspects— | 35 |
(a) to have had his registration under this Part cancelled, or to have been | |
removed from a group registration, within the previous period of three | |
years, | |
(b) to be subject to a disqualification order under section 45, or | |
(c) to have been convicted of an offence under this Act, the Protection of | 40 |
Animals Act 1911 (c. 27), the Protection of Animals (Scotland) Act 1912 | |
(c. 14) (c. 14), the Wild Mammals (Protection) Act 1996 (c. 3) or the | |
Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or under | |
section 2 of the Protection of Badgers Act 1992 (c. 51). | |
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31 Amendment of automatic conditions | |
The Secretary of State may by order amend section 29 or 30 so as to— | |
(a) add a condition; | |
(b) remove a condition; | |
(c) vary a condition. | 5 |
32 Variation of non-automatic condition | |
(1) An individual who is the subject of an individual registration may apply to the | |
registrar for variation of the conditions of the registration (other than a | |
condition imposed by section 29). | |
(2) A group of individuals who are the subject of a group registration may apply | 10 |
to the registrar for variation of the conditions of the registration (other than a | |
condition imposed by section 30). | |
(3) An application must— | |
(a) be in the prescribed form, | |
(b) contain the prescribed information, | 15 |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | |
(4) Section 19 shall apply to an application under this section as if— | |
(a) a reference to the hunting proposed to be carried out were a reference | |
to hunting carried out in reliance on the registration under the | 20 |
conditions as proposed to be varied, and | |
(b) the assumption in subsection (7) were an assumption about compliance | |
with the conditions of registration as proposed to be varied. | |
(5) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | 25 |
33 Appeal to Tribunal | |
(1) Where the registrar grants or refuses an application under section 32 a party to | |
the application may appeal to the Tribunal. | |
(2) The Tribunal shall give the appellant or appellants and the prescribed animal | |
welfare bodies an opportunity to make representations. | 30 |
(3) On determining the appeal the Tribunal may— | |
(a) give a direction to the registrar; | |
(b) make any order that it thinks appropriate. | |
(4) A person who is party to proceedings under this section may appeal on a point | |
of law to the High Court. | 35 |
(5) An appeal under subsection (4) may be brought only with the permission of— | |
(a) the Tribunal, or | |
(b) if the Tribunal refuses permission, the High Court. | |
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Variation and cancellation of registration | |
34 Group registration: addition or replacement | |
(1) An individual may apply to the registrar to be added to a group registration— | |
(a) as an additional registered individual, or | |
(b) in substitution for an individual registered. | 5 |
(2) The applicant must be at least 18 years of age. | |
(3) An application under this section must— | |
(a) be in the prescribed form, | |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | 10 |
(d) be accompanied by the prescribed fee. | |
(4) An application under this section must be accompanied by the written consent | |
of more than half of the individuals registered under the group registration. | |
(5) In the case of an application to replace an individual the consents under | |
subsection (4) must include his consent. | 15 |
(6) The registrar shall grant an application under this section unless he thinks that | |
the applicant is not a fit and proper person to be registered by reason of— | |
(a) a conviction for an offence under this Act, | |
(b) a conviction for an offence under the Protection of Animals Act 1911 | |
(c. 27), | 20 |
(c) a conviction for an offence under the Protection of Animals (Scotland) | |
Act 1912 (c. 14) (c. 14), | |
(d) a conviction for an offence under section 2 of the Protection of Badgers | |
Act 1992 (c. 51) , | |
(e) a conviction for an offence under the Wild Mammals (Protection) Act | 25 |
1996 (c. 3), | |
(f) a conviction for an offence under the Protection of Wild Mammals | |
(Scotland) Act 2002 (asp 6), or | |
(g) matters relating to the cancellation of the applicant’s registration or his | |
removal from a group registration. | 30 |
(7) An addition to or substitution in a group registration shall not affect the | |
duration of the registration. | |
(8) Where an application under this section to add an individual to a group | |
registration is refused no new application may be made to add the individual | |
to a group registration during the period of six months beginning with the date | 35 |
of the refusal. | |
(9) But the registrar may permit an application despite subsection (8) by reason of | |
a material change of circumstances. | |
(10) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | 40 |
35 De-registration: conviction of offence | |
(1) The registrar may cancel an individual registration, or remove an individual | |
from a group registration, if the individual is convicted of an offence under— | |
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(a) this Act, | |
(b) the Protection of Animals Act 1911 (c. 27), | |
(c) the Protection of Animals (Scotland) Act 1912 (c. 14) , | |
(d) section 2 of the Protection of Badgers Act 1992 (c. 51), | |
(e) the Wild Mammals (Protection) Act 1996 (c. 3), or | 5 |
(f) the Protection of Wild Mammals (Scotland) Act 2002 (asp 6). | |
(2) The registrar shall notify an individual in respect of whom the registrar has | |
taken action under subsection (1). | |
36 De-registration: general | |
(1) Any of the prescribed animal welfare bodies may apply to the registrar for a | 10 |
registration to be cancelled, or for an individual to be removed from a group | |
registration, on the grounds that— | |
(a) a condition of the registration has been breached, or | |
(b) the tests specified in section 10 are no longer satisfied in respect of the | |
hunting to which the registration relates. | 15 |
(2) The occupier of land, or in the case of unoccupied land a person to whom it | |
belongs, may apply to the registrar for a registration to be cancelled, or for an | |
individual to be removed from a group registration, on the grounds that | |
trespass to the land has been committed in the course of hunting carried out in | |
reliance on the registration. | 20 |
(3) An application under this section must— | |
(a) be in the prescribed form, | |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | 25 |
(4) On an application under this section the following are entitled to make written | |
representations to the registrar— | |
(a) the applicant, | |
(b) the relevant registered individual or individuals, and | |
(c) in the case of an application under subsection (2), any person to whom | 30 |
the land belongs. | |
(5) For the purposes of an application under this section the registrar may require | |
the production of a record made pursuant to section 30(5). | |
(6) On an application under this section the registrar may— | |
(a) cancel a registration or remove an individual from a group registration | 35 |
(whether on the grounds alleged in the application, on grounds that | |
could have been alleged or on the grounds that a record required under | |
subsection (5) was not produced); | |
(b) with the consent of the individual or individuals registered, vary the | |
conditions of registration. | 40 |
(7) An application under subsection (2) is without prejudice to a person’s right to | |
seek another remedy in respect of trespass. | |
(8) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | |
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