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Hunting Bill
Schedule 1 — Exempt Hunting | 6 |
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Schedules | |
Schedule 1 | |
Section 2 | |
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 5) 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 otherwise than in accordance with paragraph 2 | |
below. | |
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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). | |
Use of dogs below ground to protect birds for shooting | |
2 (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 | 10 |
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 | 15 |
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 | 20 |
(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. | 25 |
(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 | 30 |
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 | 35 |
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), | 40 |
(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. | 45 |
Rats | |
3 The hunting of rats is exempt if it takes place on land— | |
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(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. | |
Rabbits | 5 |
4 The hunting of rabbits 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. | 10 |
Retrieval of hares | |
5 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 | 15 |
hunting hares by the occupier or, in the case of unoccupied land, by | |
a person to whom it belongs. | |
Falconry | |
6 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, | 20 |
and | |
(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 | 25 |
7 (1) The hunting of a wild mammal which has escaped or been released from | |
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, | 30 |
(b) on land 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, or | |
(c) with the authority of a constable. | |
(3) The second condition is that— | 35 |
(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 | |
(b) in particular, each dog used in the hunt is kept under sufficiently | |
close control to ensure that it does not prevent or obstruct | 40 |
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 | |
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(b) was not, for that purpose, permitted to escape. | |
Rescue of wild mammal | |
8 (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 | 5 |
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. | 10 |
(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 | 15 |
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 | 20 |
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). | 25 |
(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. | 30 |
(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. | |
(4) The third condition is that the hunting does not involve the use of a dog | 35 |
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 | |
occupier or, in the case of unoccupied land, by a person to whom it | 40 |
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. | |
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