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[The page and line references are to HL Bill 112, the bill as first printed for the Lords.] |
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1 | Page 1, line 5, after “is” insert— |
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2 | Insert the following new Clause— |
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| (1) | Hunting by an individual is registered if he is the subject of individual |
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| registration in respect of— |
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| (a) | wild mammals of the species hunted, and |
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| (b) | the area in which the hunting takes place. |
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| (2) | Hunting by an individual is also registered if— |
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| (a) | he participates in hunting by a group, |
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| (b) | at least one of the group is registered under a group registration in |
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| (i) | wild mammals of the species hunted, and |
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| (ii) | the area in which the hunting takes place, and |
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| (c) | his participation in the hunting is recorded under arrangements |
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| made in pursuance of section (Automatic conditions of group |
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| (3) | Hunting by an individual is also registered if— |
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| (a) | he participates in hunting by a number of individuals, |
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| (b) | one of the individuals is the subject of individual registration in |
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| (i) | wild mammals of the species hunted, and |
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| (ii) | the area in which the hunting takes place, and |
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| (c) | the condition of registration imposed by section (Automatic |
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| conditions of individual registration)(5) (maximum number of |
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| hunters) is complied with. |
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| | “group registration” means registration under Part 1A pursuant to an |
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| application under section (Application on behalf of group), and |
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| | “individual registration” means registration under Part 1A pursuant |
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| to an application under section (Application by individual).” |
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3 | Page 1, line 18, after “was” insert— |
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4 | Page 2, line 3, leave out “a” and insert “an unregistered” |
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5 | Page 2, line 4, leave out “a” and insert “an unregistered” |
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6 | Page 2, line 5, leave out “a” and insert “an unregistered” |
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7 | Page 2, line 6, leave out “a” and insert “an unregistered” |
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8 | Page 2, line 8, leave out second “a” and insert “an unregistered” |
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9 | Insert the following new Clause— |
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| Tests for registration: utility and least suffering |
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| (1) | The first test for registration in respect of proposed hunting of wild |
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| mammals is that it is likely to make a significant contribution to one or both |
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| of, firstly, the management of wildlife and, secondly, the prevention or |
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| reduction of serious damage which the wild mammals to be hunted would |
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| (b) | game birds or wild birds (within the meaning of section 27 of the |
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| Wildlife and Countryside Act 1981 (c. 69)), |
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| (d) | crops (including vegetables and fruit), |
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| (h) | the biological diversity of an area (within the meaning of the United |
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| Nations Environmental Programme Convention on Biological |
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| (2) | The second test for registration in respect of proposed hunting of wild |
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| mammals is that a contribution equivalent to that mentioned in subsection |
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| (1) could not reasonably be expected to be made (whether by the person |
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| proposing to hunt or by another person) in a manner likely to cause |
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| significantly less pain, suffering or distress to the wild mammals to be |
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10 | Insert the following new Clause— |
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| (1) | The Secretary of State shall appoint a person (“the registrar”) to maintain a |
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| register for the purposes of this Act. |
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| (2) | The registrar shall hold and vacate office in accordance with the terms and |
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| conditions of his appointment. |
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| (3) | The registrar shall comply with— |
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| (a) | regulations made by the Secretary of State under this Part, and |
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| (b) | any direction given to the registrar by the Hunting Tribunal |
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| (established under section (The Hunting Tribunal)) in the course of |
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| or on the determination of proceedings under this Part. |
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| (4) | In exercising his functions the registrar shall have regard to any relevant |
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| decision of the Hunting Tribunal. |
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| (5) | The Secretary of State may— |
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| (a) | pay remuneration and allowances to the registrar; |
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| (b) | defray expenses of the registrar; |
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| (c) | provide staff, equipment or other facilities for the registrar. |
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| (6) | Service as the registrar is employment in the civil service of the State.” |
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11 | Insert the following new Clause— |
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| (1) | There shall be a Hunting Tribunal. |
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| (2) | Schedule (The Hunting Tribunal) (which makes provision about the |
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| Tribunal) shall have effect. |
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| (3) | The Lord Chancellor may make rules— |
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| (a) | regulating the exercise of a right to appeal or apply to the Tribunal; |
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| (b) | about practice and procedure in relation to proceedings before the |
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12 | Insert the following new Clause— |
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| “Prescribed animal welfare bodies |
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| (1) | The Secretary of State shall by regulations prescribe one or more bodies as |
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| prescribed animal welfare bodies for the purposes of this Part. |
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| (2) | The Secretary of State may prescribe a body only if he thinks that it is |
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| wholly or partly concerned with the protection or welfare of animals. |
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| (3) | The Secretary of State may make a payment by way of grant (which may be |
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| subject to conditions) to a prescribed animal welfare body.” |
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13 | Insert the following new Clause— |
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| (1) | English Nature may provide advice on request to the registrar or the |
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| Tribunal about the exercise of a function under this Act in relation to |
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| (2) | The Countryside Council for Wales may provide advice on request to the |
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| registrar or the Tribunal about the exercise of a function under this Act in |
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14 | Insert the following new Clause— |
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| “Application for registration |
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| Application by individual |
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| (1) | An individual may apply to the registrar to be entered in the register in |
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| respect of hunting which he proposes to carry out. |
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| (2) | An applicant must be at least 16 years of age. |
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| (3) | Where an applicant is younger than 18 years of age, his application must be |
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| countersigned by a parent or guardian. |
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| (a) | be in the prescribed form, |
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| (b) | contain the prescribed information, |
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| (c) | be accompanied by the prescribed documents (if any), and |
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| (d) | be accompanied by the prescribed fee. |
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| (5) | An application must specify— |
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| (a) | the species of wild mammal which it is proposed to hunt, and |
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| (b) | the area in which it is proposed to hunt. |
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| (6) | An application may specify a condition to be included in the register as a |
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| condition of the proposed hunting. |
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| (7) | In this section “prescribed” means prescribed by regulations made by the |
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