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Amendment Paper as at
Tuesday 16th November 2004

CONSIDERATION OF LORDS AMENDMENTS


New Amendments handed in are marked thus *

HUNTING BILL

On Consideration of Lords Amendments to the Hunting Bill



Lords Amendment Nos. 1 to 43, 45, 46 and 52 to 54

   

Huw Irranca-Davies

*To move, That this House disagrees with the Lords in their Amendments.

To move the following Amendments to the Bill in lieu of Lords Amendments Nos. 1 to 43, 45, 46 and 52 to 54—

   


(a)

*Page     2,     line     15,     at end insert the following new Clause—

 'Registered Hunting 

       Schedule (Registered Hunting) shall have effect.'.

   


(b)

*Page     10,     line     26,     at end insert the following new Schedule—

'SCHEDULE

Registered Hunting

PART 1

Registration

Exception for registered hunting

 No offence is committed under section 1 of this Act by a person who hunts if his hunting is registered under this Schedule.

Registered hunting

(1) Hunting by an individual is registered if he is the subject of individual registration in respect of—

(a)   wild mammals of the species hunted, and

(b)   the area in which hunting takes place.

(2) Hunting by an individual is also registered if—

(a)   he participates in hunting by a group,

(b)   at least one of the group is registered under a group registration in respect of—

(i) wild mammals of the species hunted, and

(ii) the area in which the hunting takes place, and

(c)   his participation in the hunting is recorded under arrangements made in pursuance of paragraph 23(5).

(3) Hunting by an individual is also registered if—

(a)   he participates in hunting by a number of individuals,

(b)   one of the individuals is the subject of individual registration in respect of—

(i) wild mammals of the species hunted, and

(ii) the area in which the hunting takes place, and

(c)   the condition of registration imposed by paragraph 22(5) (maximum number of hunters) is complied with.

(4) In this Schedule—

"group registration" means registration under this Schedule pursuant to an application under paragraph 11, and

"individual registration" means registration under this Schedule pursuant to an application under paragraph 10.

(1) The first test for registration in respect of proposed hunting of wild mammals is that it is it is likely to make a significant contribution to the prevention or reduction of serious damage which the wild mammals to be hunted would otherwise cause to —

(a)   livestock,

(b)   game birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c.69)),

(c)   food for livestock,

(d)   crops (including vegetables and fruit),

(e)   growing timber,

(f)   fisheries,

(g)   other property, or

(h)   the biological diversity of an area (within the meaning of the United Nations Environmental Programme convention on Biological Diversity of 1992).

(2) The second test for registration in respect of proposed hunting of wild mammals is that a contribution equivalent to that mentioned in sub-paragraph (1) could not reasonably be expected to be made (whether by the person proposing to hunt or by another person) in a manner likely to cause significantly less pain, suffering or distress to the wild mammals to be hunted.

 Registration under this Schedule shall not be effected in respect of the hunting of deer of any species.

Registrar and prescribed animal welfare bodies

(1) The Secretary of State shall appoint a person ("the registrar") to maintain a register for the purposes of this Act.

(2) The registrar shall hold and vacate office in accordance with the terms and conditions of his appointment.

(3) The registrar shall comply with —

(a)   regulations made by the Secretary of State under this Schedule, and

(b)   any direction given to the registrar by the Hunting Tribunal (established under Part 2 of this Schedule) in the course of or on the determination of proceedings under this Schedule.

(4) In exercising his functions the registrar shall have regard to any relevant decision of the Hunting Tribunal.

(5) The Secretary of State may—

(a)   pay remuneration and allowances to the registrar;

(b)   defray expenses of the registrar;

(c)   provide staff, equipment or other facilities for the registrar.

(6) Service as the registrar is employment in the civil service of the State.

(1) The Secretary of State shall by regulations prescribe one or more bodies as prescribed animal welfare bodies for the purposes of this Schedule.

(2) The Secretary of State may prescribe a body only if he thinks that it is wholly or partly concerned with the protection or welfare of animals.

(3) The Secretary of State may make a payment by way of grant (which may be subject to conditions) to a prescribed animal welfare body.

(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 relation to Wales.

Applications

(1) An individual may apply to the registrar to be entered in the register in respect of hunting which he proposes to carry out.

(2) An applicant must be at least 18 years of age.

(3) An application must—

(a)   be in the prescribed form,

(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

(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) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

(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

(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 18 years of age.

(3) An application must—

(a)   be in the prescribed form,

(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

(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,

(b)   arrangements to ensure compliance with the condition about records imposed by paragraph 25(5), and

(c)   arrangements for supervision by the individual or individuals to be registered of non-registered individuals participating in the proposed hunting.

(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 sub-paragraph (1)).

(8) Paragraph 2(1) shall have effect as if the reference to individual registration included a reference to registration by virtue of sub-paragraph (7) above (but paragraph 2(3) shall not apply).

(9) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

10 (1) The Secretary of State may make regulations about the treatment of an application under paragraph 8 or 9.

(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 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.

11 (1) Where an individual application is refused, the applicant may not make a new individual application during the period of six 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 six months beginning 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 six 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 new group application during the period of six months beginning with the date of cancellation.

(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 six months beginning with the date on which the removal is effected or the first application is finally determined.

(6) But—

(a)   a refusal, cancellation or removal, other than one under paragraph 12(3)(b), 14(3)(b), 27(6) or 28(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 registration did not relate, and

(b)   the registrar may permit an application despite any of sub-paragraphs (1) to (5) by reason of a material change of circumstances.

(7) In this paragraph—

"group application" means an application under paragraph 9, and

"individual application" means an application under paragraph 8.

Determination of applications

12 (1) This paragraph applies to an application for registration under paragraph 8 or 9.

(2) On receipt of an application the registrar shall—

(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 satisfy the tests specified in paragraph 3 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 sub-paragraph (4).

(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 Wild Mammals (Protection) Act 1996 (c.3),

(d)   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

(e)   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 paragraph 3 if carried out in accordance with conditions other than those specified in the application, he may, with the consent of the applicant or applicants—

(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 sub-paragraph (3) or (5) he shall refuse it.

(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 paragraph 22 or 23, and

(b)   any condition specified in the application.

Appeals

13 (1) Where the registrar refuses an application under paragraph 8 or 9 the applicant or applicants may appeal to the Tribunal.

(2) Where the registrar grants an application under paragraph 8 or 9 a prescribed animal welfare body may appeal to the Tribunal.

14 (1) This paragraph applies where an appeal is brought to the Tribunal under paragraph 13 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.

(3) If satisfied that the hunting proposed in the application would satisfy the tests specified in paragraph 3 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 of a matter specified in paragraph 14(4).

(4) If satisfied that the hunting proposed in the application would satisfy the tests specified in paragraph 3 if carried out in accordance with conditions other than those specified in the application, the Tribunal may, with the consent of the applicant or applicants—

(a)   grant the application, and

(b)   add to or vary the conditions specified in the application.

(5) Where the Tribunal determines not to grant the application under sub-paragraph (3) or (4) it shall refuse the application.

(6) In considering an appeal under paragraph 13 the Tribunal shall assume, unless it has reason not to, that the hunting proposed in an application would be carried out in accordance with—

(a)   the conditions specified in paragraphs 22 or 23, and

(b)   any condition specified in the application.

(7) On determining an appeal the Tribunal may—

(a)   give a direction to the registrar;

(b)   make any order that it thinks appropriate.

15 (1) A person who is party to proceedings before the Tribunal under paragraph 13 may appeal on a point of law to the High Court.

(2) An appeal under sub-paragraph (1) may be brought only with the permission of—

(a)   the Tribunal, or

(b)   if the Tribunal refuses permission, the High Court.

The register

16  The Secretary of State may make regulations about—

(a)   the form of the register;

(b)   the manner in which it is maintained.

17  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 registration,

(d)   any conditions of the registration (apart from those specified in paragraphs 22 and 23), and

(e)   such other matters as may be prescribed by regulations made by the Secretary of State.

18 (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 the entry in the register to any person who 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 sub-paragraph (1)(a) and shall be omitted from copies provided under sub-paragraph (1)(b);

(b)   require the payment of a specified fee as a precondition of the provision of a copy under sub-paragraph (1)(b).

(3) Regulations under sub-paragraph (2)(a) may make provision by reference to a request of a registered individual.

Duration of registration

19  Registration under this Schedule shall have effect for—

(a)   the period of three years starting with the date on which it is effected, or

(b)   such shorter period starting with that date as may be specified in the application for registration.

20 (1) Registration under this Schedule may be renewed so as to continue to have effect for—

(a)   the period of three years starting with the date on which renewal is effected, or

(b)   such shorter period starting with that date as may be specified in the application for renewal.

(2) A provision of this Act which has effect in relation to an application for registration shall have effect (with any necessary modifications) in relation to an application for renewal of a registration.

(3) If an application for renewal of a registration is made more than six months before the registration would otherwise expire, the registration shall continue to have effect until the application is finally determined.

(4) Sub-paragraph (3) has effect—

(a)   despite paragraph 19, but

(b)   subject to any power under this Schedule to cancel or vary a registration.

(5) Regulations under this Schedule may make special provision in relation to applications for renewal.

Handling of applications

21 (1) The Secretary of State may make regulations about the treatment of an application under this Schedule (other than under paragraph 8 or 9).

(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 applicants or by a prescribed animal welfare body;

(b)   make provision about timing.

Conditions of registration

22 (1) Individual registration is subject to the conditions specified in this paragraph.

(2) The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—

(a)   that any wild mammal injured or captured is killed quickly and humanely,

(b)   that any wild mammal shot in accordance with sub-paragraph (a) is shot by a competent person, and

(c)   that hunting is carried out on land only with the prior permission of the occupier of the land or, in the case of unoccupied land, a person to whom it belongs.

(3) The second condition is that any inspector appointed by a prescribed animal welfare body is permitted on request to accompany the registered individual for the purpose of inspecting hunting carried out in reliance on the registration.

(4) The third condition is that there is insurance in place in respect of loss or damage caused to persons other than the registered individual in the course of hunting carried on in reliance on the registration.

(5) The fourth condition is that where the registered individual hunts in reliance on the registration not more than two other individuals (whether registered or not) participate in the hunting.

23 (1) Group registration is subject to the conditions specified in this paragraph.

(2) The first condition is that in the course of hunting carried out in reliance on the registration reasonable steps are taken to ensure—

(a)   that any wild mammal injured or captured is killed quickly and humanely,

(b)   that any wild mammal shot in accordance with sub-paragraph (a) is shot by a competent person, and

(c)   that hunting is carried out on land only with the prior permission of the occupier of the land or, in the case of unoccupied land, a person to whom it belongs.

(3) The second condition is that any inspector appointed by a prescribed animal welfare body is permitted on request to accompany individuals hunting in reliance on the registration for the purpose of inspecting their hunting.

(4) The third condition is that there is insurance in place in respect of loss or damage caused to persons other than those registered in the course of hunting in reliance on the registration.

(5) The fourth condition is that—

(a)   on each occasion on which hunting is carried out in reliance on the registration a record is made of the identity of each individual (whether registered or not) who participates in the hunt, and

(b)   a record made under paragraph (a) is retained throughout the duration of the registration.

(6) The fifth condition is that reasonable steps are taken to exclude from participation in hunting carried out in reliance on the registration any individual whom any of the registered individuals knows or suspects—

(a)   to have had his registration under this Schedule cancelled, or to have been removed from a group registration, within the previous period of three years,

(b)   to be subject to a disqualification order under section 9A, or

(c)   to have been convicted of an offence under this Act, the Protection of Animals Act 1911 (c.27) or the Wild Mammals (Protection) Act 1996 (c.3).

24  The Secretary of State may by order amend paragraph 22 or 23 so as to—

(a)   add a condition;

(b)   remove a condition;

(c)   vary a condition.

25 (1) An individual who is the subject of an individual registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by paragraph 22).

(2) A group of individuals who are the subject of a group registration may apply to the registrar for variation of the conditions of the registration (other than a condition imposed by paragraph 23).

(3) An application must—

(a)   be in the prescribed form,

(b)   contain the prescribed information,

(c)   be accompanied by the prescribed documents (if any), and

(d)   be accompanied by the prescribed fee.

(4) Paragraph 12 shall apply to an application under this paragraph as if—

(a)   a reference to the hunting proposed to be carried out were a reference to hunting carried out in reliance on the registration under the conditions as proposed to be varied, and

(b)   the assumption in sub-paragraph (7) were an assumption about compliance with the conditions of registration as proposed to be varied.

(5) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

26 (1) Where the registrar grants or refuses an application under paragraph 25 a party to the application may appeal to the Tribunal.

(2) The Tribunal shall give the appellant or appellants and the prescribed animal welfare bodies an opportunity to make representations.

(3) On determining the appeal the tribunal may—

(a)   give a direction to the registrar;

(b)   make any order that it thinks appropriate.

(4) A person who is party to proceedings under this paragraph may appeal on a point of law to the High Court.

(5) An appeal under sub-paragraph (4) may be brought only with the permission of—

(a)   the Tribunal, or

(b)   if the Tribunal refuses permission, the High Court.

Variation and cancellation of registration

27 (1) An individual may apply to the registrar to be added to a group registration—

(a)   as an additional registered individual, or

(b)   in substitution for an individual registered.

(2) The applicant must be at least 18 years of age.

(3) An application under this paragraph must—

(a)   be in the prescribed form,

(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 under this paragraph must be accompanied by the written consent of more than half of the individuals registered under the group registration.

(5) In the case of an application to replace an individual the consents under sub-paragraph (4) must include his consent.

(6) The registrar shall grant an application under this paragraph unless he thinks that the applicant is not a fit and proper person to be registered by reason of—

(a)   a conviction for an offence under this Act,

(b)   a conviction for an offence under the Protection of Animals Act 1911 (c.27),

(c)   a conviction for an offence under the Wild Mammals (Protection) Act 1996 (c.3), or

(d)   matters relating to the cancellation of the applicant's registration or his removal from a group registration.

(7) An addition to or substitution in a group registration shall not affect the duration of the registration.

(8) Where an application under this paragraph to add an individual to a group registration is refused no new application may be made to add the individual to a group registration during the period of six months beginning with the date of the refusal.

(9) But the registrar may permit an application despite sub-paragraph (8) by reason of a material change of circumstances.

(10) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

28 (1) The registrar may cancel an individual registration, or remove an individual from a group registration, if the individual is convicted of an offence under—

(a)   this Act,

(b)    the Protection of Animals Act 1911 (c.27), or

(c)   the Wild Mammals (Protection) Act 1996 (c.3).

(2) The registrar shall notify an individual in respect of whom the registrar has taken action under sub-paragraph (1).

29 (1) Any of the prescribed animal welfare bodies may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that—

(a)   a condition of the registration has been breached, or

(b)   the tests specified in paragraph 3 are no longer satisfied in respect of the hunting to which the registration relates.

(2) The occupier of land, or in the case of unoccupied land a person to whom it belongs, may apply to the registrar for a registration to be cancelled, or for an individual to be removed from a group registration, on the grounds that trespass to the land has been committed in the course of hunting carried out in reliance on the registration.

(3) An application under this paragraph must—

(a)   be in the prescribed form,

(b)   contain the prescribed information,

(c)   be accompanied by the prescribed documents (if any), and

(d)   be accompanied by the prescribed fee.

(4) On an application under this paragraph the following are entitled to make written representations to the registrar—

(a)   the applicant,

(b)   the relevant registered individual or individuals, and

(c)   in the case of an application under sub-paragraph (2), any person to whom the land belongs.

(5) For the purposes of an application under this paragraph the registrar may require the production of a record made pursuant to paragraph 23(5).

(6) On an application under sub-paragraph (1) or (2) the registrar may—

(a)   cancel a registration or remove an individual from a group registration (whether on the grounds alleged in the application, on grounds that could have been alleged or on the grounds that a record required under sub-paragraph (5) was not produced);

(b)   with the consent of the individual or individuals registered, vary the conditions of registration.

(7) An application under sub-paragraph (2) is without prejudice to a person's right to seek another remedy in respect of trespass.

(8) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

30 (1) Where the registrar refuses an application under paragraph 27 the applicant may appeal to the Tribunal.

(2) Where the registrar takes action in respect of an individual under paragraph 28 the individual may appeal to the Tribunal.

(3) Where the registrar grants or refuses an application under paragraph 29 a party to the application may appeal to the Tribunal.

(4) The Tribunal shall give the following an opportunity to make representations—

(a)   the appellant or appellants,

(b)   the relevant registered individual or individuals (if not the appellant or appellants),

(c)   the prescribed animal welfare bodies, and

(d)   in the case of an appeal in respect of an application under paragraph 29(2), a person to whom the relevant land belongs.

(5) For the purposes of an appeal under this paragraph the Tribunal may require the production of a record made pursuant to paragraph 23(5).

(6) On determining the appeal the Tribunal may—

(a)   give a direction to the registrar;

(b)   make any order that it thinks appropriate.

(7) A person who is party to proceedings under this paragraph may appeal on a point of law to the High Court.

(8) An appeal under sub-paragraph (7) may be brought only with the permission of—

(a)   the Tribunal, or

(b)   if the Tribunal refuses permission, the High Court.

31 (1) Cancellation of a registration under this Part of this Schedule shall be without prejudice to the lawfulness of anything done in reliance on it while it had effect.

(2) The removal of an individual from a group registration shall be without prejudice to the lawfulness of anything done in reliance on his inclusion while he was included.

Disqualification

32 (1) A court which convicts a person of an offence under Part 1 of this Act may make an order (a "disqualification order") that he may not—

(a)   be registered under this Schedule, or

(b)   hunt in reliance on paragraph 2(2) or (3) of this Schedule.

(2) A disqualification order shall specify the duration of the disqualification (which may be for the person's life).

(3) The registrar—

(a)   shall not register a person who is subject to a disqualification order,

(b)   shall cancel a person's registration if he is registered when a disqualification order takes effect, and

(c)   shall cancel a person's registration if he was subject to a disqualification order when the registration took effect.

(4) The subject of a disqualification order may apply for an order terminating it.

(5) An application under sub-paragraph (4) for the termination of a disqualification order may be made only if—

(a)   a year has elapsed since the date of the order, and

(b)   a year has elapsed since the date of the determination of any previous application under sub-paragraph (4) in respect of the order.

(6) An application under subsection (4) must be made to—

(a)   the magistrates' court which made the disqualification order, or

(b)   a magistrates' court for the same petty sessions area.

(7) On hearing an application under subsection (4) a magistrates' court may order the applicant to pay costs.

(8) Where a magistrates' court makes or terminates a disqualification order the designated officer shall notify the registrar.

(9) In this paragraph a reference to a person's registration includes a reference to his inclusion in a group registration.

Offences

33  A person commits an offence if—

(a)   he makes a false statement or gives false information in an application under this Part of this Schedule, and

(b)   he does not believe the statement or information to be true.

34 (1) In the case of a group registration each registered individual commits an offence if he fails—

(a)   to make a record of each occasion on which he hunts in purported reliance on the registration,

(b)   when hunting in purported reliance on the registration, to make a record of the identity of each individual participating in the hunting,

(c)   to retain throughout the duration of the registration each record made by him under paragraph (a) or (b).

(2) It is a defence for an individual charged with an offence under this paragraph to show that he reasonably believed that a record was made or retained by another registered individual.

35  Where a magistrates' court convicts a person of an offence under this Act the designated officer shall notify the registrar.

Interpretation

36 (1) For the purposes of this Act, an application to the registrar shall be treated as finally determined when—

(a)   the registrar has determined the application (or it has been withdrawn or abandoned), and

(b)   an appeal to the Tribunal has been determined by the Tribunal (or withdrawn or abandoned) or can no longer be brought (ignoring the possibility of an appeal out of time with permission).

(2) In this Act a reference to a party to proceedings before the registrar or the Tribunal includes a reference to a person who makes representations to the registrar or Tribunal about the proceedings.

Commencement and transitional

37  Notwithstanding section 15, 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)   this Schedule (other than this paragraph), and

(b)   sections 6 and 10 so far as they relate to an offence under this Schedule.

38 (1) This paragraph applies where an individual or group makes an application under paragraph 8 or 9 of this Schedule—

(a)   after the commencement of this Schedule, and

(b)   before the end of the period of three months beginning with the date on which this Act is passed.

(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 fully determined.

(4) The period during which a registration is treated by this paragraph as having been effected shall be ignored in applying paragraph 19.

PART 2

The Hunting Tribunal

Establishment of the Tribunal

39 (1) There shall be a Hunting Tribunal.

(2) The Lord Chancellor may make rules—

(a)   regulating the exercise of a right to appeal or apply to the Tribunal;

(b)   about practice and procedure in relation to proceedings before the Tribunal.

President and deputy

40 (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 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.

41 (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

(b)   shall perform such other functions as the President may assign or delegate to him.

42  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) 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

43 (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 (c.41),

(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

44 (1) The Lord Chancellor shall appoint persons to a panel of members of the Tribunal.

(2) A person may be appointed under this paragraph only if he—

(a)   is on the general list of veterinary surgeons (within the meaning of section 2 of the Veterinary Surgeons Act 1966 (c.36)), or

(b)   has experience relating to the welfare of animals or the management of land which in the Lord Chancellor's opinion makes it appropriate to appoint him as a member of the Tribunal.

Tenure

45 (1) A person appointed under any of paragraphs 40 to 44 shall hold and vacate office in accordance with the terms of his appointment (subject to this paragraph).

(2) A person appointed under any of paragraphs 40 to 44 may resign by notice in writing to the Lord Chancellor.

(3) The Lord Chancellor may dismiss a person appointed under any of paragraphs 40 to 44—

(a)   on the grounds that he is unable or unwilling to perform his functions, or

(b)   for misbehaviour.

Proceedings

46  The Tribunal shall sit in such places and at such times as the Lord Chancellor shall determine (and may hold more than one sitting at a time).

47 (1) The President shall make arrangements for determining which of the persons appointed under paragraphs 40 to 44 shall constitute the Tribunal at each sitting.

(2) The arrangements shall, in particular—

(a)   ensure that at each sitting the Tribunal consists of or includes the President or a member of the panel of chairmen, and

(b)   make provision for replacement in a case where the Tribunal consists of a single member who becomes unable to act.

48  Decisions of the Tribunal may be taken by majority vote.

49  The President may give directions about the practice and procedure of the Tribunal.

50  Rules under paragraph 39 may, in particular, make provision—

(a)   about representation of parties;

(b)   about withdrawal of proceedings;

(c)   about the admission of members of the public to proceedings;

(d)   about recording and promulgating decisions;

(e)   by reference to a direction given or to be given by the President.

Evidence

51  The Tribunal—

(a)   may call an expert witness to give evidence on a matter of fact arising in proceedings before it, and

(b)   may have regard to advice provided to it under paragraph 7.

Costs

52  If the Tribunal thinks that a party to proceedings before it has acted unreasonably it may order the party to pay all or part of the costs incurred by another party to the proceedings.

Council on Tribunals

53  In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c.53) (tribunals under general supervision of Council) the following shall be inserted before paragraph 22—

                    "Hunting21B. The Hunting Tribunal established by section 12 of the Hunting Act 2004."

54  The Lord Chancellor—

(a)   may pay sums by way of remuneration, allowances and expenses to a person appointed under any of paragraphs 40 to 44,

(b)   may pay sums by way of or in respect of a pension to a person appointed under any of paragraphs 40 to 44,

(c)   may make staff and other facilities available to the Tribunal, and

(d)   may pay sums by way of allowances and expenses to an expert witness called under paragraph 51.

55 (1) An order, regulations or rules made by the Secertary of State or the Lord Chancellor under this Schedule shall be made by statutory instrument.

(2) An order of the Secretary of State under this Schedule may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(3) Regulations and rules under this Schedule 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 Schedule—

(a)   may make provision which applies geneally or only in specified circumstances or for specified purposes,

(b)   may make different provision for different circumstances or purposes, and

(c)   may make transitional, consequential and incidental provision.

56 (1) Any expenditure incurred by a Minister of the Crown in connection with this Schedule 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.'.

44 and 47 to 51

   

Huw Irranca-Davies

*To move, That this House disagrees with the Lords in their Amendments Nos. 44 and 47 to 51.


HUNTING BILL (PROCEDURE) (NO. 2)

   

Mr Peter Hain
Mr Alun Michael
To move, That the Order of 15th September shall be supplemented as follows—

    1.   At this day's sitting proceedings on consideration of Lords amendments shall be brought to a conclusion (unless already concluded) three hours after commencement of proceedings on the motion relating to Hunting Bill (Money).

    2.   For the purpose of bringing proceedings on consideration of Lords Amendments to a conclusion in accordance with paragraph 1 the Speaker shall put the following questions forthwith (and no others)—

(1) any question which has been proposed from the Chair and has not yet been decided,

(2) the question on any motion moved by a Minister of the Crown to disagree with Lords Amendments (which may, in particular, be a motion relating to a specified group of amendments),

(3) the question on any motion moved by a Minister of the Crown for an amendment in lieu, and

(4) the question on any other motion moved by a Minister of the Crown.

    3.   Sessional Orders F(7) and H (Programming of Bills: ancillary questions and Reasons Committee) of 28th June 2001 shall apply to proceedings in relation to the Hunting Bill.

    4.   Paragraph 6(1) to (7) of the Order of 15th September shall apply to proceedings on consideration of Lords amendments.

    5.   No notice shall be required of a further motion to supplement the Order of 15th September.


 
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