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52 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 | |
has been laid before and approved by resolution of each House of Parliament. | 5 |
(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 | 10 |
circumstances or for specified purposes, | |
(b) may make different provision for different circumstances or purposes, | |
and | |
(c) may make transitional, consequential and incidental provision. | |
53 Money | 15 |
(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. | |
54 Commencement | 20 |
(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 8, and | |
(c) sections 43 and 48 in so far as they relate to an offence under Part 2. | 25 |
(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 51. | |
55 Transitional arrangements | 30 |
(1) This section applies where an individual or group makes an application under | |
section 17 or 18— | |
(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. | 35 |
(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. | 40 |
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Schedules | |
Schedule 1 | |
Section 3 | |
Exempt Hunting | |
Stalking and flushing out | |
1 (1) Stalking a wild mammal, or flushing it out of cover, is exempt hunting if the | 5 |
conditions in this paragraph are satisfied. | |
(2) The first condition is that the stalking or flushing out is undertaken for the | |
purpose of— | |
(a) preventing or reducing serious damage which the wild mammal | |
would otherwise cause— | 10 |
(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), | 15 |
(v) to growing timber, | |
(vi) to fisheries, | |
(vii) to other property, or | |
(viii) to the biological diversity of an area (within the meaning of | |
the United Nations Environmental Programme Convention | 20 |
on Biological Diversity of 1992), | |
(b) obtaining meat to be used for human or animal consumption, or | |
(c) participation in a field trial. | |
(3) In subparagraph (2)(c) “field trial” means a competition (other than a hare | |
coursing event within the meaning of section 10) in which dogs— | 25 |
(a) flush animals out of cover or retrieve animals that have been shot (or | |
both), and | |
(b) are assessed as to their likely usefulness in connection with shooting. | |
(4) The second condition is that the stalking or flushing out takes place on | |
land— | 30 |
(a) which belongs to the person doing the stalking or flushing out, or | |
(b) which he has been given permission to use for the purpose by the | |
occupier or, in the case of unoccupied land, by a person to whom it | |
belongs. | |
(5) The third condition is that the stalking or flushing out does not involve the | 35 |
use of more than two dogs. | |
(6) The fourth condition is that the stalking or flushing out does not involve the | |
use of a dog below ground. | |
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(7) The fifth condition is that— | |
(a) reasonable steps are taken for the purpose of ensuring that as soon as | |
possible after being found or flushed out the wild mammal is shot | |
dead by a competent person, and | |
(b) in particular, each dog used in the stalking or flushing out is kept | 5 |
under sufficiently close control to ensure that it does not prevent or | |
obstruct achievement of the objective in paragraph (a). | |
Rats | |
2 The hunting of rats is exempt if it takes place on land— | |
(a) which belongs to the hunter, or | 10 |
(b) which he has been given permission to use for the purpose by the | |
occupier or, in the case of unoccupied land, by a person to whom it | |
belongs. | |
Rabbits | |
3 The hunting of rabbits is exempt if it takes place on land— | 15 |
(a) which belongs to the hunter, or | |
(b) which he has been given permission to use for the purpose by the | |
occupier or, in the case of unoccupied land, by a person to whom it | |
belongs. | |
Retrieval of hares | 20 |
4 The hunting of a hare which has been shot is exempt if it takes place on | |
land— | |
(a) which belongs to the hunter, or | |
(b) which he has been given permission to use for the purpose of | |
hunting hares by the occupier or, in the case of unoccupied land, by | 25 |
a person to whom it belongs. | |
Falconry | |
5 Flushing a wild mammal from cover is exempt hunting if undertaken— | |
(a) for the purpose of enabling a bird of prey to hunt the wild mammal, | |
and | 30 |
(b) on land which belongs to the hunter or which he has been given | |
permission to use for the purpose by the occupier or, in the case of | |
unoccupied land, by a person to whom it belongs. | |
Recapture of wild mammal | |
6 (1) The hunting of a wild mammal which has escaped or been released from | 35 |
captivity or confinement is exempt if the conditions in this paragraph are | |
satisfied. | |
(2) The first condition is that the hunting takes place— | |
(a) on land which belongs to the hunter, | |
(b) on land which he has been given permission to use for the purpose | 40 |
by the occupier or, in the case of unoccupied land, by a person to | |
whom it belongs, or | |
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(c) with the authority of a constable. | |
(3) The second condition is that— | |
(a) reasonable steps are taken for the purpose of ensuring that as soon as | |
possible after being found the wild mammal is recaptured or shot | |
dead by a competent person, and | 5 |
(b) in particular, each dog used in the hunt is kept under sufficiently | |
close control to ensure that it does not prevent or obstruct | |
achievement of the objective in paragraph (a). | |
(4) The third condition is that the wild mammal— | |
(a) was not released for the purpose of being hunted, and | 10 |
(b) was not, for that purpose, permitted to escape. | |
Rescue of wild mammal | |
7 (1) The hunting of a wild mammal is exempt if the conditions in this paragraph | |
are satisfied. | |
(2) The first condition is that the hunter reasonably believes that the wild | 15 |
mammal is or may be injured. | |
(3) The second condition is that the hunting is undertaken for the purpose of | |
relieving the wild mammal’s suffering. | |
(4) The third condition is that the hunting does not involve the use of more than | |
two dogs. | 20 |
(5) The fourth condition is that the hunting does not involve the use of a dog | |
below ground. | |
(6) The fifth condition is that the hunting takes place— | |
(a) on land which belongs to the hunter, | |
(b) on land which he has been given permission to use for the purpose | 25 |
by the occupier or, in the case of unoccupied land, by a person to | |
whom it belongs, or | |
(c) with the authority of a constable. | |
(7) The sixth condition is that— | |
(a) reasonable steps are taken for the purpose of ensuring that as soon as | 30 |
possible after the wild mammal is found appropriate action (if any) | |
is taken to relieve its suffering, and | |
(b) in particular, each dog used in the hunt is kept under sufficiently | |
close control to ensure that it does not prevent or obstruct | |
achievement of the objective in paragraph (a). | 35 |
(8) The seventh condition is that the wild mammal was not harmed for the | |
purpose of enabling it to be hunted in reliance upon this paragraph. | |
Research and observation | |
8 (1) The hunting of a wild mammal is exempt if the conditions in this paragraph | |
are satisfied. | 40 |
(2) The first condition is that the hunting is undertaken for the purpose of or in | |
connection with the observation or study of the wild mammal. | |
(3) The second condition is that the hunting does not involve the use of more | |
than two dogs. | |
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(4) The third condition is that the hunting does not involve the use of a dog | |
below ground. | |
(5) The fourth condition is that the hunting takes place on land— | |
(a) which belongs to the hunter, or | |
(b) which he has been given permission to use for the purpose by the | 5 |
occupier or, in the case of unoccupied land, by a person to whom it | |
belongs. | |
(6) The fifth condition is that each dog used in the hunt is kept under | |
sufficiently close control to ensure that it does not injure the wild mammal. | |
Schedule 2 | 10 |
Section 14 | |
The Hunting Tribunal | |
President and deputy | |
1 (1) The Lord Chancellor shall appoint a President of the Tribunal. | |
(2) A person may be appointed as President only if— | |
(a) he has a ten year general qualification within the meaning of section | 15 |
71 of the Courts and Legal Services Act 1990 (c. 41), | |
(b) he is an advocate or solicitor in Scotland of at least ten years’ | |
standing, or | |
(c) he is a member of the Bar of Northern Ireland, or a solicitor of the | |
Supreme Court of Northern Ireland, of at least ten years’ standing. | 20 |
2 (1) The Lord Chancellor may appoint a member of the panel of chairmen of the | |
Tribunal as deputy President of the Tribunal. | |
(2) The deputy President— | |
(a) may act for the President if he is unable to act or unavailable or | |
during a vacancy in the office of President, and | 25 |
(b) shall perform such other functions as the President may assign or | |
delegate to him. | |
3 The Lord Chancellor may authorise a member of the panel of chairmen of | |
the Tribunal— | |
(a) to act for the President if he and the deputy President (if there is one) | 30 |
are unable to act or unavailable; | |
(b) to act for the President during a vacancy in that office if there is no | |
deputy President; | |
(c) to act for the deputy President if he is unable to act or unavailable. | |
Chairmen | 35 |
4 (1) The Lord Chancellor shall appoint persons to a panel of chairmen of the | |
Tribunal. | |
(2) A person may be appointed under this paragraph only if— | |
(a) he has a seven year general qualification within the meaning of | |
section 71 of the Courts and Legal Services Act 1990, | 40 |
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(b) he is an advocate or solicitor in Scotland of at least seven years’ | |
standing, or | |
(c) he is a member of the Bar of Northern Ireland, or a solicitor of the | |
Supreme Court of Northern Ireland, of at least seven years’ standing. | |
Members | 5 |
5 (1) The Lord Chancellor shall appoint persons to a panel of members of the | |
Tribunal. | |
(2) The Lord Chancellor may appoint a person to the panel of members only if | |
the Lord Chancellor thinks that the person has appropriate experience | |
relating to— | 10 |
(a) the welfare of animals, or | |
(b) the management of land. | |
Tenure | |
6 (1) A person appointed under any of paragraphs 1 to 5 shall hold and vacate | |
office in accordance with the terms of his appointment (subject to this | 15 |
paragraph). | |
(2) A person appointed under any of paragraphs 1 to 5 may resign by notice in | |
writing to the Lord Chancellor. | |
(3) The Lord Chancellor may dismiss a person appointed under any of | |
paragraphs 1 to 5— | 20 |
(a) on the grounds that he is unable or unwilling to perform his | |
functions, or | |
(b) for misbehaviour. | |
Proceedings | |
7 The Tribunal shall sit in such places and at such times as the Lord Chancellor | 25 |
shall determine (and may hold more than one sitting at a time). | |
8 (1) The President shall make arrangements for determining which of the | |
persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at | |
each sitting. | |
(2) The arrangements shall, in particular, ensure that at each sitting the Tribunal | 30 |
consists of either— | |
(a) the President or a member of the panel of chairmen, or | |
(b) the President, or a member of the panel of chairmen, sitting with one | |
member appointed under paragraph 5(2)(a) and one member | |
appointed under paragraph 5(2)(b). | 35 |
9 Decisions of the Tribunal may be taken by majority vote. | |
10 The President may give directions about the practice and procedure of the | |
Tribunal. | |
11 Rules under section 14 may, in particular, make provision— | |
(a) about representation of parties; | 40 |
(b) about withdrawal of proceedings; | |
(c) about the admission of members of the public to proceedings; | |
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