Hunting Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Hunting Bill

Hunting Bill
Part 3 — General
5

14
Subordinate legislation
An order of the Secretary of State under this Act—
(a)
shall be made by statutory instrument,
(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament,
5
(c)
may make provision which applies generally or only in specified
circumstances or for specified purposes,
(d)
may make different provision for different circumstances or purposes,
and
(e)
may make transitional, consequential and incidental provision.
10
15
Commencement
This Act shall come into force at the end of the period of three months
beginning with the date on which it is passed.
16
Short title
This Act may be cited as the Hunting Act 2004.
15
17
Extent
This Act shall extend only to England and Wales.

6
Hunting Bill
Schedule 1 — Exempt Hunting

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.

Hunting Bill
Schedule 1 — Exempt Hunting
7

      (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—

Hunting Bill
Schedule 1 — Exempt Hunting
8

(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

Hunting Bill
Schedule 1 — Exempt Hunting
9

(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
9     (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.