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Hunting Bill


Hunting Bill
Part 2 — Registration

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 37    Appeal to Tribunal

     (1)    Where the registrar refuses an application under section 34 the applicant may

appeal to the Tribunal.

     (2)    Where the registrar takes action in respect of an individual under section 35 the

individual may appeal to the Tribunal.

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     (3)    Where the registrar grants or refuses an application under section 36 a party to

the application may appeal to the Tribunal.

     (4)    The Tribunal shall give the following an opportunity to make

representations—

           (a)           the appellant or appellants,

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           (b)           the relevant registered individual or individuals (if not the appellant or

appellants),

           (c)           the prescribed animal welfare bodies, and

           (d)           in the case of an appeal in respect of an application under section 36(2),

a person to whom the relevant land belongs.

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     (5)    For the purposes of an appeal under this section the Tribunal may require the

production of a record made pursuant to section 30(5).

     (6)    On determining the appeal the Tribunal may—

           (a)           give a direction to the registrar;

           (b)           make any order that it thinks appropriate.

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     (7)    A person who is party to proceedings under this section may appeal on a point

of law to the High Court.

     (8)    An appeal under subsection (7) 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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 38    De-registration: saving

     (1)    Cancellation of a registration under this Part shall be without prejudice to the

lawfulness of anything done in reliance on it while it had effect.

     (2)    The removal of an individual from a group registration shall be without

prejudice to the lawfulness of anything done in reliance on his inclusion while

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he was included.

Offences

 39    False information

A person commits an offence if—

           (a)           he makes a false statement or gives false information in an application

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under this Part, and

           (b)           he does not believe the statement or information to be true.

 

 

Hunting Bill
Part 3 — Enforcement

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 40    Group registration: failure to keep records

     (1)    In the case of a group registration each registered individual commits an

offence if he fails—

           (a)           to make a record of each occasion on which he hunts in purported

reliance on the registration,

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           (b)           when hunting in purported reliance on the registration, to make a

record of the identity of each individual participating in the hunting, or

           (c)           to retain throughout the duration of the registration each record made

by him under paragraph (a) or (b).

     (2)    It is a defence for an individual charged with an offence under this section to

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show that he reasonably believed that a record was made or retained by

another registered individual.

Part 3

Enforcement

 41    Penalty

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     (1)    A person guilty of an offence under this Act shall be liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

     (2)    Where a magistrates’ court convicts a person of an offence under this Act the

clerk of the court (within the meaning of section 141 of the Magistrates’ Courts

Act 1980) shall notify the registrar.

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 42    Arrest

A constable without a warrant may arrest a person whom he reasonably

suspects—

           (a)           to have committed an offence under section 1 or 8(1)(a), (b) or (2),

           (b)           to be committing an offence under any of those provisions, or

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           (c)           to be about to commit an offence under any of those provisions.

 43    Search and seizure

     (1)    This section applies where a constable reasonably suspects that a person (“the

suspect”) is committing or has committed an offence under Part 1 of this Act.

     (2)    If the constable reasonably believes that evidence of the offence is likely to be

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found on the suspect, the constable may stop the suspect and search him.

     (3)    If the constable reasonably believes that evidence of the offence is likely to be

found on or in a vehicle, animal or other thing of which the suspect appears to

be in possession or control, the constable may stop and search the vehicle,

animal or other thing.

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     (4)    A constable may seize and detain a vehicle, animal or other thing if he

reasonably believes that—

           (a)           it may be used as evidence in criminal proceedings for an offence under

Part 1 of this Act, or

           (b)           it may be made the subject of an order under section 44.

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Hunting Bill
Part 3 — Enforcement

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     (5)    For the purposes of exercising a power under this section a constable may

enter—

           (a)           land;

           (b)           premises other than a dwelling;

           (c)           a vehicle.

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     (6)    The exercise of a power under this section does not require a warrant.

 44    Forfeiture

     (1)    A court which convicts a person of an offence under Part 1 of this Act may

order the forfeiture of any dog or hunting article which—

           (a)           was used in the commission of the offence, or

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           (b)           was in the possession of the person convicted at the time of his arrest.

     (2)    A court which convicts a person of an offence under Part 1 of this Act may

order the forfeiture of any vehicle which was used in the commission of the

offence.

     (3)    In subsection (1) “hunting article” means anything designed or adapted for use

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in connection with—

           (a)           hunting a wild mammal, or

           (b)           hare coursing.

     (4)    A forfeiture order—

           (a)           may include such provision about the treatment of the dog, vehicle or

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article forfeited as the court thinks appropriate, and

           (b)           subject to provision made under paragraph (a), shall be treated as

requiring any person who is in possession of the dog, vehicle or article

to surrender it to a constable as soon as is reasonably practicable.

     (5)    Where a forfeited dog, vehicle or article is retained by or surrendered to a

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constable, the police force of which the constable is a member shall ensure that

such arrangements are made for its destruction or disposal—

           (a)           as are specified in the forfeiture order, or

           (b)           where no arrangements are specified in the order, as seem to the police

force to be appropriate.

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     (6)    The court which makes a forfeiture order may order the return of the forfeited

dog, vehicle or article on an application made—

           (a)           by a person who claims to have an interest in the dog, vehicle or article

(other than the person on whose conviction the order was made), and

           (b)           before the dog, vehicle or article has been destroyed or finally disposed

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of under subsection (5).

     (7)    A person commits an offence if he fails to—

           (a)           comply with a forfeiture order, or

           (b)           co-operate with a step taken for the purpose of giving effect to a

forfeiture order.

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 45    Disqualification for registration

     (1)    A court which convicts a person of an offence under Part 1 of this Act may

make an order (a “disqualification order”) that he may not—

 

 

Hunting Bill
Part 4 — General

    18

 

           (a)           be registered under Part 2 of this Act, or

           (b)           hunt in reliance on section 2(2) or (3).

     (2)    A disqualification order shall specify the duration of the disqualification

(which may be for the person’s life).

     (3)    The registrar—

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           (a)           shall not register a person who is subject to a disqualification order,

           (b)           shall cancel a person’s registration if he is registered when a

disqualification order takes effect, and

           (c)           shall cancel a person’s registration if he was subject to a disqualification

order when the registration took effect.

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     (4)    The subject of a disqualification order may apply for an order terminating it.

     (5)    An application under subsection (4) for the termination of a disqualification

order may be made only if—

           (a)           a year has elapsed since the date of the order, and

           (b)           a year has elapsed since the date of the determination of any previous

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application under subsection (4) in respect of the order.

     (6)    An application under subsection (4) must be made to—

           (a)           the magistrates’ court which made the disqualification order, or

           (b)           a magistrates’ court for the same petty sessions area.

     (7)    On hearing an application under subsection (4) a magistrates’ court may order

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the applicant to pay costs.

     (8)    Where a magistrates’ court makes or terminates a disqualification order the

clerk of the court (within the meaning of section 141 of the Magistrates’ Courts

Act 1980) shall notify the registrar.

     (9)    In this section a reference to a person’s registration includes a reference to his

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inclusion in a group registration.

 46    Offence by body corporate

     (1)    This section applies where an offence under this Act is committed by a body

corporate with the consent or connivance of an officer of the body.

     (2)    The officer, as well as the body, shall be guilty of the offence.

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     (3)    In subsection (1) a reference to an officer of a body corporate includes a

reference to—

           (a)           a director, manager or secretary,

           (b)           a person purporting to act as a director, manager or secretary, and

           (c)           if the affairs of the body are managed by its members, a member.

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Part 4

General

 47    Interpretation

     (1)    In this Act “wild mammal” includes, in particular—

           (a)           a wild mammal which has been bred or tamed for any purpose,

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Hunting Bill
Part 4 — General

    19

 

           (b)           a wild mammal which is in captivity or confinement,

           (c)           a wild mammal which has escaped or been released from captivity or

confinement, and

           (d)           any mammal which is living wild.

     (2)    For the purposes of this Act a reference to a person hunting a wild mammal

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with a dog includes, in particular, any case where—

           (a)           a person engages or participates in the pursuit of a wild mammal, and

           (b)           one or more dogs are employed in that pursuit (whether or not by him

and whether or not under his control or direction).

     (3)    For the purposes of this Act land belongs to a person if he—

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           (a)           owns an interest in it,

           (b)           manages or controls it, or

           (c)           occupies it.

     (4)    For the purposes of this Act a dog belongs to a person if he—

           (a)           owns it,

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           (b)           is in charge of it, or

           (c)           has control of it.

     (5)    For the purposes of this Act an application to the registrar shall be treated as

finally determined when—

           (a)           the registrar has determined the application (or it has been withdrawn

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or abandoned), and

           (b)           an appeal to the Tribunal has been determined by the Tribunal (or

withdrawn or abandoned) or can no longer be brought (ignoring the

possibility of an appeal out of time with permission).

     (6)    In this Act a reference to a party to proceedings before the registrar or the

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Tribunal includes a reference to a person who makes representations to the

registrar or Tribunal about the proceedings.

 48    Crown application

This Act—

           (a)           binds the Crown, and

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           (b)           applies to anything done on or in respect of land irrespective of

whether it belongs to or is used for the purposes of the Crown or a

Duchy.

 49    Amendments and repeals

     (1)    Schedule 3 (consequential amendments) shall have effect.

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     (2)    The enactments listed in Schedule 4 are hereby repealed to the extent specified.

 50    Subordinate legislation

     (1)    An order, regulations or rules made by the Secretary of State or the Lord

Chancellor under this Act shall be made by statutory instrument.

     (2)    An order of the Secretary of State under this Act may not be made unless a draft

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has been laid before and approved by resolution of each House of Parliament.

 

 

Hunting Bill
Part 4 — General

    20

 

     (3)    Regulations and rules under this Act shall be subject to annulment in

pursuance of a resolution of either House of Parliament.

     (4)    An order, regulations or rules made by the Secretary of State or the Lord

Chancellor under this Act—

           (a)           may make provision which applies generally or only in specified

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circumstances or for specified purposes,

           (b)           may make different provision for different circumstances or purposes,

and

           (c)           may make transitional, consequential and incidental provision.

 51    Money

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     (1)    Any expenditure incurred by a Minister of the Crown in connection with this

Act shall be paid out of money provided by Parliament.

     (2)    Money received by the registrar by way of fees shall be paid into the

Consolidated Fund.

 52    Commencement

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     (1)    The following shall come into force at the end of the period of one month

beginning with the date on which this Act is passed—

           (a)           Part 2,

           (b)           section 6, and

           (c)           sections 41 and 46 in so far as they relate to an offence under Part 2.

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     (2)    The following shall come into force at the end of the period of three months

beginning with the date on which this Act is passed—

           (a)           Parts 1 and 3 (so far as not already in force), and

           (b)           section 49.

 53    Transitional arrangements

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     (1)    This section applies where an individual or group makes an application under

section 15 or 16

           (a)           after the commencement of Part 2, and

           (b)           before the end of the period of three months beginning with the date on

which this Act is passed.

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     (2)    This Act shall apply during the transitional period as if the application were

granted and the consequent registration effected.

     (3)    The transitional period—

           (a)           begins when the application is made, and

           (b)           ends when the application is finally determined.

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     (4)    The period during which a registration is treated by this section as having been

effected shall be ignored in applying section 26.

 54    Short title

This Act may be cited as the Hunting Act 2003.

 

 

 
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Revised 3 March 2003