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16 Advisory bodies | |
(1) English Nature may provide advice on request to the registrar or the Tribunal | |
about the exercise of a function under this Act in relation to England. | |
(2) The Countryside Council for Wales may provide advice on request to the | |
registrar or the Tribunal about the exercise of a function under this Act in | 5 |
relation to Wales. | |
Application for registration | |
17 Application by individual | |
(1) An individual may apply to the registrar to be entered in the register in respect | |
of hunting which he proposes to carry out. | 10 |
(2) An applicant must be at least 16 years of age. | |
(3) Where an applicant is younger than 18 years of age, his application must be | |
countersigned by a parent or guardian. | |
(4) An application must— | |
(a) be in the prescribed form, | 15 |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | |
(5) An application must specify— | |
(a) the species of wild mammal which it is proposed to hunt, and | 20 |
(b) the area in which it is proposed to hunt. | |
(6) An application may specify a condition to be included in the register as a | |
condition of the proposed hunting. | |
(7) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | 25 |
18 Application on behalf of group | |
(1) One or more individuals may apply to the registrar to be entered in the register | |
in respect of hunting to be carried out jointly by— | |
(a) the individual registered or one or more of the individuals registered, | |
and | 30 |
(b) one or more individuals under the supervision of the individual | |
registered or of one or more of the individuals registered. | |
(2) Each of the applicants must be at least 16 years of age. | |
(3) An application must— | |
(a) be in the prescribed form, | 35 |
(b) contain the prescribed information, | |
(c) be accompanied by the prescribed documents (if any), and | |
(d) be accompanied by the prescribed fee. | |
(4) An application must specify— | |
(a) the species of wild mammal which it is proposed to hunt, and | 40 |
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(b) the area in which it is proposed to hunt. | |
(5) An application may specify a condition to be included in the register as a | |
condition of the proposed hunting. | |
(6) An application must, in particular, include conditions specifying— | |
(a) a maximum number of individuals who may hunt at any time, | 5 |
(b) arrangements to ensure compliance with the condition about records | |
imposed by section 32(5), and | |
(c) arrangements for supervision by the individual or individuals to be | |
registered of non-registered individuals participating in the proposed | |
hunting. | 10 |
(7) An application may request that one or more of the registered individuals | |
should be registered in respect of hunting to be carried out without the | |
participation of a non-registered individual (as well as in respect of the joint | |
hunting mentioned in subsection (1)). | |
(8) Section 2(1) shall have effect as if the reference to individual registration | 15 |
included a reference to registration by virtue of subsection (7) above (but | |
section 2(3) shall not apply). | |
(9) In this section “prescribed” means prescribed by regulations made by the | |
Secretary of State. | |
19 Handling | 20 |
(1) The Secretary of State may make regulations about the treatment of an | |
application under section 17 or 18. | |
(2) The regulations may, in particular— | |
(a) enable the registrar to request, before determining an application, the | |
provision of information or additional information by the applicant or | 25 |
applicants or by a prescribed animal welfare body; | |
(b) make provision about timing; | |
(c) enable or require the registrar to permit the amendment of an | |
application, by the applicant or applicants, before its determination. | |
20 Renewal of application | 30 |
(1) Where an individual application is refused, the applicant may not make a new | |
individual application during the period of twelve months beginning with the | |
date on which the first application is finally determined. | |
(2) Where an individual registration is cancelled the individual may not make a | |
new individual application during the period of twelve months beginning | 35 |
with the date of cancellation. | |
(3) Where a group application is refused, none of the applicants may be party to a | |
new group application during the period of twelve months beginning with the | |
date on which the first application is finally determined. | |
(4) Where a group registration is cancelled none of the group may be party to a | 40 |
new group application during the period of twelve months beginning with the | |
date of cancellation. | |
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(5) Where an individual is removed from a group registration or an application to | |
add him to a group registration is refused he may not be party to a new group | |
application during the period of twelve months beginning with the date on | |
which the removal is effected or the first application is finally determined. | |
(6) But— | 5 |
(a) a refusal, cancellation or removal, other than one under section 21(3)(b), | |
23(3)(b), 36(6) or 37(1), does not prevent a new application which— | |
(i) relates only to species to which the old application or | |
registration did not relate, or | |
(ii) relates only to an area to which the old application or | 10 |
registration did not relate, and | |
(b) the registrar may permit an application despite any of subsections (1) | |
to (5) by reason of a material change of circumstances. | |
(7) In this section— | |
“group application” means an application under section 18, and | 15 |
“individual application” means an application under section 17. | |
Determination | |
21 Determination by registrar | |
(1) This section applies to an application for registration under section 17 or 18. | |
(2) On receipt of an application the registrar shall— | 20 |
(a) invite the prescribed animal welfare bodies to make written | |
representations about the application within a specified period, and | |
(b) consider any written representations made by any of those bodies | |
within that period. | |
(3) If the registrar is satisfied that the hunting proposed in an application would | 25 |
satisfy the tests specified in section 12 he shall— | |
(a) grant the application, or | |
(b) refuse the application if he thinks that the applicant, or any of the | |
applicants, is not a fit and proper person to be registered by reason of a | |
matter specified in subsection (4). | 30 |
(4) Those matters are— | |
(a) conviction for an offence under this Act, | |
(b) conviction for an offence under the Protection of Animals Act 1911 | |
(c. 27), | |
(c) conviction for an offence under the Protection of Animals (Scotland) | 35 |
Act 1912 (c. 14), | |
(d) conviction for an offence under section 2 of the Protection of Badgers | |
Act 1992 (c. 51), | |
(e) conviction for an offence under the Wild Mammals (Protection) Act | |
1996 (c. 3), | 40 |
(f) conviction for an offence under the Protection of Wild Mammals | |
(Scotland) Act 2002 (asp 6), | |
(g) matters relating to the cancellation of the registration of the applicant | |
or any of the applicants or his or their removal from a group | |
registration, and | 45 |
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(h) matters relating to the cancellation of the registration of an individual | |
who would be likely to hunt in reliance on the registration or his | |
removal from a group registration. | |
(5) If the registrar is satisfied that the hunting proposed in an application would | |
satisfy the tests specified in section 12 if carried out in accordance with | 5 |
conditions other than those specified in the application, he may— | |
(a) grant the application, and | |
(b) add to or vary the conditions specified in the application. | |
(6) Where the registrar determines not to grant an application under subsection (3) | |
or (5) he shall refuse it. | 10 |
(7) In considering an application the registrar shall assume, unless he has reason | |
not to, that the hunting proposed would be carried out in accordance with— | |
(a) the conditions specified in section 31 or 32, and | |
(b) any condition specified in the application. | |
22 Appeal to Tribunal | 15 |
(1) Where the registrar refuses an application under section 17 or 18, or grants it in | |
reliance on section 21(5), the applicant or applicants may appeal to the | |
Tribunal. | |
(2) Where the registrar grants an application under section 17 or 18 a prescribed | |
animal welfare body may appeal to the Tribunal. | 20 |
23 Determination by Tribunal | |
(1) This section applies where an appeal is brought to the Tribunal under section | |
22 against the registrar’s decision on an application. | |
(2) The Tribunal shall give the applicant or applicants and the prescribed animal | |
welfare bodies an opportunity to make representations. | 25 |
(3) If satisfied that the hunting proposed in the application would satisfy the tests | |
specified in section 12 the Tribunal shall— | |
(a) grant the application, or | |
(b) refuse the application if the Tribunal thinks that the applicant, or any of | |
the applicants, is not a fit and proper person to be registered by reason | 30 |
of a matter specified in section 21(4). | |
(4) If satisfied that the hunting proposed in the application would satisfy the tests | |
specified in section 12 if carried out in accordance with conditions other than | |
those specified in the application, the Tribunal may— | |
(a) grant the application, and | 35 |
(b) add to or vary the conditions specified in the application. | |
(5) Where the Tribunal determines not to grant the application under subsection | |
(3) or (4) it shall refuse the application. | |
(6) In considering an appeal under section 22 the Tribunal shall assume, unless it | |
has reason not to, that the hunting proposed in an application would be carried | 40 |
out in accordance with— | |
(a) the conditions specified in section 31 or 32, and | |
(b) any condition specified in the application. | |
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(7) On determining an appeal the Tribunal may— | |
(a) give a direction to the registrar; | |
(b) make any order that it thinks appropriate. | |
24 Appeal from Tribunal | |
(1) A person who is party to proceedings before the Tribunal under section 22 may | 5 |
appeal on a point of law to the High Court. | |
(2) An appeal under subsection (1) may be brought only with the permission of— | |
(a) the Tribunal, or | |
(b) if the Tribunal refuses permission, the High Court. | |
The register | 10 |
25 Form of the register | |
The Secretary of State may make regulations about— | |
(a) the form of the register; | |
(b) the manner in which it is maintained. | |
26 Content of the register | 15 |
In the case of each registration the register shall record— | |
(a) the species of wild mammal in respect of the hunting of which the | |
registration has effect, | |
(b) the area in respect of hunting in which the registration has effect, | |
(c) any other information provided in or with the application for | 20 |
registration, | |
(d) any conditions of the registration (apart from those specified in section | |
31 or 32), and | |
(e) such other matters as may be prescribed by regulations made by the | |
Secretary of State. | 25 |
27 Inspection of the register | |
(1) The registrar— | |
(a) shall make the register available for inspection by the public at all | |
reasonable times, and | |
(b) shall provide a copy of an entry in the register to any person who | 30 |
requests it. | |
(2) But the Secretary of State may by regulations— | |
(a) provide that information of a specified kind shall not be made available | |
for inspection under subsection (1)(a) and shall be omitted from copies | |
provided under subsection (1)(b); | 35 |
(b) require the payment of a specified fee as a precondition of the provision | |
of a copy under subsection (1)(b). | |
(3) Regulations under subsection (2)(a) may make provision by reference to a | |
request of a registered individual. | |
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