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House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTS
TO THE
HUNTING BILL
[The page and line references are to HL Bill 112, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 5, after “is” insert—

“(a)
registered, or

(b)”
After Clause 1
2
Insert the following new Clause—

“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 the 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 section (Automatic conditions of group

registration)(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—

Bill 179 53/3

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(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 section (Automatic

conditions of individual registration)(5) (maximum number of

hunters) is complied with.

(4)
In this Act—


“group registration” means registration under Part 1A pursuant to an

application under section (Application on behalf of group), and


“individual registration” means registration under Part 1A pursuant

to an application under section (Application by individual).”
Clause 4
3
Page 1, line 18, after “was” insert—

“(a)
registered, or

(b)”
Clause 5
4
Page 2, line 3, leave out “a” and insert “an unregistered”
5
Page 2, line 4, leave out “a” and insert “an unregistered”
6
Page 2, line 5, leave out “a” and insert “an unregistered”
7
Page 2, line 6, leave out “a” and insert “an unregistered”
8
Page 2, line 8, leave out second “a” and insert “an unregistered”
After Clause 5
9
Insert the following new Clause—

“PART 1A

Registration

Introductory

Tests for registration: utility and least suffering

(1)
The first test for registration in respect of proposed hunting of wild

mammals is that it is likely to make a significant contribution to one or both

of, firstly, the management of wildlife and, secondly, the prevention or

reduction of serious damage which the wild mammals to be hunted would

otherwise cause to—

(a)
livestock,

(b)
game birds or wild 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,

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(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 subsection

(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.”
10
Insert the following new Clause—

“The registrar

(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 Part, and

(b)
any direction given to the registrar by the Hunting Tribunal

(established under section (The Hunting Tribunal)) in the course of

or on the determination of proceedings under this Part.

(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.”
11
Insert the following new Clause—

“The Hunting Tribunal

(1)
There shall be a Hunting Tribunal.

(2)
Schedule (The Hunting Tribunal) (which makes provision about the

Tribunal) shall have effect.

(3)
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.”

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12
Insert the following new Clause—

“Prescribed animal welfare bodies

(1)
The Secretary of State shall by regulations prescribe one or more bodies as

prescribed animal welfare bodies for the purposes of this Part.

(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.”
13
Insert the following new Clause—

“Advisory bodies

(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.”
14
Insert the following new Clause—

“Application for registration

Application by individual

(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 16 years of age.

(3)
Where an applicant is younger than 18 years of age, his application must be

countersigned by a parent or guardian.

(4)
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.

(5)
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.

(6)
An application may specify a condition to be included in the register as a

condition of the proposed hunting.

(7)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”