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| (a) | whose business or employment is materially affected (whether by a reduction in profits or the incurring of losses) by reason of the enactment or coming into force of this Act, or |
| (b) | who are deprived of any services previously provided by hunts and as a result incur and are materially affected by costs, expenses or losses which would not have been incurred but for the enactment or coming into force of this Act. |
(2) A scheme shall, in particular, specify—
| (a) | the manner in which the losses, costs, expenses or reductions in profits may be calculated, and |
| (b) | the evidence which may be reasonably required to show the losses, costs, expenses or reductions in profits calculated in accordance with this section. |
(1) A scheme shall also, in particular—
| (a) | specify the basis of valuation for determining losses, |
| (b) | specify the amounts of the payments to be made or the basis on which such amounts are to be calculated, |
| (c) | provide for the procedure to be followed (including the time within which claims must be made and the provisions of information) in respect of claims under the scheme and for the determination of such claims. |
(4) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to be entitled to payments under such a scheme and such organisations as appear to him to represent such persons.
(5) Subsection (6) applies to any dispute as to a person's entitlement to payments under a scheme or the amounts of any such payments which—
| (a) | has not been resolved within nine months of the day on which the original decision as to entitlements or amounts was notified in writing to the person concerned by the Secretary of State, and |
| (b) | has not been referred by agreement to arbitration. |
(6) The dispute shall be referred by the Secretary of State to such appellate body as he deems appropriate by order.
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section—
| "losses" include losses of income and losses of capital; |
| "materially affected" means affected by a reduction in profit or the incurring of losses, costs or expenses which may be measured by ordinary principles of commercial accountancy.'. |
Fallen stock
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
NC2
To move the following Clause:—'(1) This Act shall not come into force until the Secretary of State has by order made a scheme for the collection and disposal of infirm, diseased and dead agricultural animals (in this section referred to as "fallen stock") which would have been collected by hunts but for the enactment or coming into force of this Act.
(2) A scheme shall regulate—
| (a) | the method of the collection and disposal of fallen stock, |
| (b) | procedures for the notification to the Secretary of State of the whereabouts of fallen stock and the requirements for its prompt collection and disposal, and |
| (c) | any charges which may be imposed for collection and disposal of fallen stock, provided always that such charges shall meet the cost of the scheme and no more. |
(3) In order to fulfil his obligations under subsection (2) the Secretary of State may appoint agents to act on his behalf on a regional or national basis.
(4) A scheme under this section shall apply in all of England and Wales.
(5) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to have an interest in such a scheme and such organisations as appear to him to represent such persons.
(6) The Secretary of State shall publish widely in appropriate journals the details of any scheme under this section.
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Use of dogs to protect human safety
Lembit Öpik
Mr Peter Luff
NC3
To move the following Clause:—'The use of one or more dogs is exempt hunting if it can be shown by the landowner or occupier that, in the relevant area, the firearms used in the stalking of a wild mammal or the flushing out of a wild mammal, in accordance with section 1, are likely to endanger human safety.'.
Commencement (No. 2)
Mr Douglas Hogg
Mr Peter Luff
Mr Edward Garnier
Sir George Young
Mrs Gillian Shephard
Mr Francis Maude
| Sir Patrick Cormack | Mr Nicholas Soames | Sir Nicholas Winterton |
| Tony Baldry | Mrs Angela Browning | Mr Ian Taylor |
| Mr John Greenway | Mr John Bercow | Mr Gerald Howarth |
| Mr David Heathcoat-Amory | Mr Patrick Mercer | Sir Peter Tapsell |
| Mr Edward Leigh | Mr Keith Simpson | Mr John Burnett |
| Mr Richard Shepherd |
NC4
*To move the following Clause:—'(1) The preceding provisions of this Act (and the Schedules relating to them) shall not come into operation until such day as the Secretary of State may by order appoint.
(2) Different days may be appointed under this section for different provisions of this Act and for different purposes of the same provision.
(3) An order under this section may contain such transitional and supplementary provisions as appear to the Secretary of State to be necessary or expedient, including provisions for expenses to be defrayed out of moneys provided by Parliament.
(4) The first order under this section shall not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.'.
Referendum
Mr Douglas Hogg
Mr Peter Luff
Mr Edward Garnier
Sir George Young
Mrs Gillian Shephard
Mr Francis Maude
| Sir Patrick Cormack | Mr Nicholas Soames | Sir Nicholas Winterton |
| Tony Baldry | Mrs Angela Browning | Mr Ian Taylor |
| Mr John Greenway | Mr John Bercow | Mr Gerald Howarth |
| Mr David Heathcoat-Amory | Mr Patrick Mercer | Sir Peter Tapsell |
| Mr Edward Leigh | Mr Keith Simpson | Mr John Burnett |
| Mr Richard Shepherd |
NC5
*To move the following Clause:—'(1) Before a draft of the first order to be made under section [Commencement (No. 2)] of this Act is laid before Parliament a referendum shall be held in accordance with Schedule [Referendum] to this Act on the question whether effect is to be given to the provisions of this Act.
(2) If it appears to the Secretary of State that less than 40 per cent. of the persons entitled to vote in the referendum have voted "Yes" in reply to the question posed in the Appendix to Schedule [Referendum] to this Act or that a majority of the answers given in the referendum have been "No" he shall lay before Parliament the draft of an Order in Council for the repeal of this Act.
(3) If a draft laid before Parliament under this section is approved by a resolution of each House, Her Majesty in Council may make an Order in the terms of the draft.'.
Money
Lembit Öpik
Mr Peter Luff
NC6
*To move the following Clause:—'(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.'.
Lembit Öpik
Mr Peter Luff
9
Page 1, line 7 [Clause 1], at end insert 'or if section [Use of dogs to protect human safety] applies.'.
Mr Douglas Hogg
Mr Peter Luff
Mr Edward Garnier
Sir George Young
Mrs Gillian Shephard
Mr Francis Maude
| Sir Patrick Cormack | Mr Nicholas Soames | Sir Nicholas Winterton |
| Tony Baldry | Mrs Angela Browning | Mr Ian Taylor |
| Mr John Greenway | Mr John Bercow | Mr Gerald Howarth |
| Mr David Heathcoat-Amory | Mr Patrick Mercer | Sir Peter Tapsell |
| Mr Edward Leigh | Mr Keith Simpson | Mr John Burnett |
| Mr Richard Shepherd |
11
*Page 5, line 12, leave out Clause 15.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
1
Page 5, line 13 [Clause 15], leave out 'three months' and insert 'one year'.
Mr Douglas Hogg
Mr Peter Luff
Mr Edward Garnier
10
*Page 5, line 13 [Clause 15], leave out 'three' and insert 'forty-eight'.
NEW SCHEDULE
Mr Douglas Hogg
Mr Peter Luff
Mr Edward Garnier
Sir George Young
Mrs Gillian Shephard
Mr Francis Maude
| Sir Patrick Cormack | Mr Nicholas Soames | Sir Nicholas Winterton |
| Tony Baldry | Mrs Angela Browning | Mr Ian Taylor |
| Mr John Greenway | Mr John Bercow | Mr Gerald Howarth |
| Mr David Heathcoat-Amory | Mr Patrick Mercer | Sir Peter Tapsell |
| Mr Edward Leigh | Mr Keith Simpson | Mr John Burnett |
| Mr Richard Shepherd |
NS1
*To move the following Schedule:—
'Referendum
Date of referendum
1. The referendum shall be held on such day, not less than six weeks after the making of the Order, as Her Majesty may by Order in Council appoint.
Persons eligible to vote
2. Those entitled to vote in the referendum shall be—
| (a) | the persons who, at the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency in England and Wales; and |
| (b) | peers who at that date would be entitled to vote as electors at a local government election in any electoral area in England and Wales. |
Question to be asked and form of ballot paper
3. The question to be asked in the referendum and the front of the ballot paper to be used for that purpose shall be in the form set out in the Appendix to this Schedule.
Conduct of referendum
4. Subject to the following provisions of this Schedule, Her Majesty may by Order in Council make provision as to the conduct of the referendum and apply in relation to it, with such modifications or exceptions as may be specified in the Order, any provision of the Representation of the People Acts, any provision of the enactments relating to returning officers and any provision made under any enactment.5. An Order in Council under this Schedule shall not charge any sum on the Consolidated Fund but may provide for the expenses of the returning officers to be defrayed as administrative expenses of the Secretary of State.
Orders in Council
6. No recommendation shall be made to Her Majesty in Council to make an Order under this Schedule until a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
APPENDIX
Form of Ballot Paper
Parliament has decided to consult the electorate in England and Wales on the question whether the Hunting Act 2003 should be put into effect.
DO YOU WANT THE PROVISIONS OF THE HUNTING
ACT 2003 TO BE PUT INTO EFFECT?
Put a cross (X) in the appropriate box.
| YES | |
| NO |
| |
| ©Parliamentary copyright 2003 | Prepared 9 Jul 2003 |