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Offences | |
41 False information | |
A person commits an offence if— | |
(a) he makes a false statement or gives false information in an application | |
under this Part, and | 5 |
(b) he does not believe the statement or information to be true. | |
42 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 | 10 |
reliance on the registration, | |
(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). | 15 |
(2) It is a defence for an individual charged with an offence under this section to | |
show that he reasonably believed that a record was made or retained by | |
another registered individual. | |
Part 3 | |
Enforcement | 20 |
43 Penalty | |
(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 | 25 |
Act 1980) shall notify the registrar. | |
44 Arrest | |
A constable without a warrant may arrest a person whom he reasonably | |
suspects— | |
(a) to have committed an offence under section 1 or 10(1)(a), (b) or (2), | 30 |
(b) to be committing an offence under any of those provisions, or | |
(c) to be about to commit an offence under any of those provisions. | |
45 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. | 35 |
(2) If the constable reasonably believes that evidence of the offence is likely to be | |
found on the suspect, the constable may stop the suspect and search him. | |
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(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. | |
(4) A constable may seize and detain a vehicle, animal or other thing if he | 5 |
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 46. | |
(5) For the purposes of exercising a power under this section a constable may | 10 |
enter— | |
(a) land; | |
(b) premises other than a dwelling; | |
(c) a vehicle. | |
(6) The exercise of a power under this section does not require a warrant. | 15 |
46 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 | |
(b) was in the possession of the person convicted at the time of his arrest. | 20 |
(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 | |
in connection with— | 25 |
(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 | |
article forfeited as the court thinks appropriate, and | 30 |
(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 | |
constable, the police force of which the constable is a member shall ensure that | 35 |
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. | |
(6) The court which makes a forfeiture order may order the return of the forfeited | 40 |
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 | |
of under subsection (5). | 45 |
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(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. | |
47 Disqualification for registration | 5 |
(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— | |
(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 | 10 |
(which may be for the person’s life). | |
(3) The registrar— | |
(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 | 15 |
(c) shall cancel a person’s registration if he was subject to a disqualification | |
order when the registration took effect. | |
(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— | 20 |
(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 | |
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 | 25 |
(b) a magistrates’ court for the same petty sessions area. | |
(7) On hearing an application under subsection (4) a magistrates’ court may order | |
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 | 30 |
Act 1980) shall notify the registrar. | |
(9) In this section a reference to a person’s registration includes a reference to his | |
inclusion in a group registration. | |
48 Offence by body corporate | |
(1) This section applies where an offence under this Act is committed by a body | 35 |
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. | |
(3) In subsection (1) a reference to an officer of a body corporate includes a | |
reference to— | |
(a) a director, manager or secretary, | 40 |
(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 | |
49 Interpretation | |
(1) In this Act “wild mammal” includes, in particular— | |
(a) a wild mammal which has been bred or tamed for any purpose, | 5 |
(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 | 10 |
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— | 15 |
(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, | 20 |
(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 | 25 |
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 | 30 |
Tribunal includes a reference to a person who makes representations to the | |
registrar or Tribunal about the proceedings. | |
50 Crown application | |
This Act— | |
(a) binds the Crown, and | 35 |
(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. | |
51 Amendments and repeals | |
(1) Schedule 3 (consequential amendments) shall have effect. | 40 |
(2) The enactments listed in Schedule 4 are hereby repealed to the extent specified. | |
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