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Lembit Öpik
Mr Peter Luff
75
Schedule 1, page 22, line 21, at end insert—
| (i) | the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992) or |
| (ii) | the wildlife management of an area'. |
Lembit Öpik
Mr Peter Luff
74
Schedule 1, page 22, line 35, leave out paragraph 5.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
81
*Schedule 1, page 22, line 36, leave out 'two' and insert '10'.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
82
*Schedule 1, page 22, line 36, leave out 'two' and insert '20'.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
83
*Schedule 1, page 22, line 36, leave out 'two' and insert '35'.
Lembit Öpik
Mr Peter Luff
73
Schedule 1, page 22, line 37, leave out paragraph 6.
Alun Michael
68
Schedule 1, page 22, line 38, at end insert 'otherwise than in accordance with paragraph 1A below.'.
Lembit Öpik
Mr Peter Luff
72
Schedule 1, page 22, line 38, at end insert 'unless the practitioner is abiding by a code of practice recognised by the Secretary of State, in accordance with the conditions laid down in sub-paragraphs (1), (2) and (3)'.
Alun Michael
Mr Martin Salter
69
Schedule 1, page 23, line 7, at end insert—
| 1A | (1) | The use of a dog below ground in the course of stalking or flushing out is in accordance with this paragraph if the conditions in this paragraph are satisfied. |
| (2) | The first condition is that the stalking or flushing out is undertaken for the purpose of preventing or reducing serious damage to game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c.69)) which a person is keeping or preserving for the purpose of their being shot. |
| (3) | The second condition is that the person doing the stalking or flushing out— |
(a) has with him written evidence—
| (i) | that the land on which the stalking or flushing out takes place belongs to him, or |
| (ii) | that he has been given permission to use that land for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, and |
(b) makes the evidence immediately available for inspection by a constable who asks to see it.
| (4) | The third condition is that the stalking or flushing out does not involve the use of more than one dog below ground at any one time. |
| (5) | In so far as stalking or flushing out is undertaken with the use of a dog below ground in accordance with this paragraph, paragraph 1 shall have effect as if for the condition in paragraph 1(7) there were substituted the condition that— |
(a) reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the wild mammal is flushed out from below ground,
(b) reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out from below ground the wild mammal is shot dead by a competent person,
(c) in particular, the dog is brought under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (b),
(d) reasonable steps are taken for the purpose of preventing injury to the dog, and
(e) the manner in which the dog is used complies with any code of practice which is issued or approved for the purpose of this paragraph by the Secretary of State.'.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
84
*Schedule 1, page 23, line 7, at end insert—
'Flushing hares
| 1A | (1) | Flushing or stalking a hare is exempt hunting if the 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— |
| (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), |
| (vii) | to other property, or |
| (viii) | to the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention 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 sub-paragraph (2)(c) "field trial" means a competition (other than a hare coursing event within the meaning of section 10) in which dogs—
| (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—
| (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 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.
(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 under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (a).'. |
Rob Marris
85
*Schedule 1, page 23, line 7, at end insert—'Use of dogs below ground to protect birds for shooting
| 1A | (1) | The use of a dog below ground in the course of stalking or flushing out is in accordance with this paragraph if the conditions in this paragraph are satisfied. |
| (2) | The first condition is that the stalking or flushing out is undertaken for the purpose of preventing or reducing serious damage to game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69)) which a person is keeping or preserving for the purpose of their being shot. |
| (3) | The second condition is that the person doing the stalking or flushing out— |
(a) has with him written evidence—
| (i) | that the land on which the stalking or flushing out takes place belongs to him, or |
| (ii) | that he has been given permission to use that land for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, and |
(b) makes the evidence immediately available for inspection by a constable who asks to see it.
| (4) | The third condition is that the stalking or flushing out does not involve the use of more than one dog below ground at any one time. |
| (5) | The fourth condition is that any dog used below ground must when below ground at all times be kept on a leash of no more than one metre in length firmly held by the person undertaking the flushing. |
| (6) | The fifth condition is that the said leash must be of sufficient strength that it does not break at any time during the flushing. |
| (7) | In so far as stalking or flushing out is undertaken with the use of a dog below ground in accordance with this paragraph, paragraph 1 shall have effect as if for the condition in paragraph 1(7) there were substituted the condition that— |
(a) reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the wild mammal is flushed out from below ground,
(b) reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out from below ground the wild mammal is shot dead by a competent person,
(c) in particular, the dog is brought under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (b),
(d) reasonable steps are taken for the purpose of preventing injury to the dog, and
(e) the manner in which the dog is used complies with any code of practice which is issued or approved for the purpose of this paragraph by the Secretary of State.'.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
78
*Schedule 1, page 23, line 19, at end insert—
'Stoats 3A The hunting of stoats 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 by the occupier, or in the case of unoccupied land, by a person to whom it belongs.'. |
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
79
*Schedule 1, page 23, line 19, at end insert—
'Other species of wild mammal 3B The hunting of other species of wild mammals which is not specifically outlawed under the terms of this Act shall be permitted subject to the issue of a licence by . . . . . . . . .'.
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