(12-16)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  12  )

(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 Part 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

(Disqualification for registration), or

(c)
to have been convicted of an offence under this Act, the Protection

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

Act 1912 (c. 14), the Wild Mammals (Protection) Act 1996 (c. 3), the

Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or under

section 2 of the Protection of Badgers Act 1992 (c. 51).”
30
Insert the following new Clause—

“Amendment of automatic conditions

The Secretary of State may by order amend section (Automatic conditions of

individual registration) or (Automatic conditions of group registration) so as

to—

(d)
add a condition;

(e)
remove a condition;

(f)
vary a condition.”
31
Insert the following new Clause—

“Variation of non-automatic condition

(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 section (Automatic conditions of individual

registration)).

(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 section (Automatic conditions of group

registration)).

(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)
Section (Determination by registrar) shall apply to an application under this

section as if—

(  13  )

(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 subsection (7) were an assumption about

compliance with the conditions of registration as proposed to be

varied.

(5)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”
32
Insert the following new Clause—

“Appeal to Tribunal (No. 2)

(1)
Where the registrar grants or refuses an application under section

(Variation of non-automatic condition) 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 section may appeal on a

point of law to the High Court.

(5)
An appeal under subsection (4) may be brought only with the permission

of—

(a)
the Tribunal, or

(b)
if the Tribunal refuses permission, the High Court.”
33
Insert the following new Clause—

“Variation and cancellation of registration

Group registration: addition or replacement

(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 16 years of age.

(3)
An application under this section 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 section must be accompanied by the written

consent of more than half of the individuals registered under the group

registration.

(  14  )

(5)
In the case of an application to replace an individual the consents under

subsection (4) must include his consent.

(6)
The registrar shall grant an application under this section 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)
conviction for an offence under the Protection of Animals

(Scotland) Act 1912 (c. 14),

(d)
conviction for an offence under section 2 of the Protection of

Badgers Act 1992 (c. 51),

(e)
conviction for an offence under the Wild Mammals (Protection) Act

1996 (c. 3),

(f)
conviction for an offence under the Protection of Wild Mammals

(Scotland) Act 2002 (asp 6), or

(g)
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 section 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 subsection (8) by

reason of a material change of circumstances.

(10)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”
34
Insert the following new Clause—

“De-registration: conviction of offence

(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),

(c)
the Protection of Animals (Scotland) Act 1912 (c. 14),

(d)
section 2 of the Protection of Badgers Act 1992 (c. 51),

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

(f)
the Protection of Wild Mammals (Scotland) Act 2002 (asp 6).

(2)
The registrar shall notify an individual in respect of whom the registrar has

taken action under subsection (1).”

(  15  )
35
Insert the following new Clause—

“De-registration: general

(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 section (Tests for registration: utility and least

suffering) 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 section 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 section 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 subsection (2), any person to

whom the land belongs.

(5)
For the purposes of an application under this section the registrar may

require the production of a record made pursuant to section (Automatic

conditions of group registration)(5).

(6)
On an application under this section 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 subsection (5) was not produced);

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

the conditions of registration.

(7)
An application under subsection (2) is without prejudice to a person’s right

to seek another remedy in respect of trespass.

(8)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”
36
Insert the following new Clause—

“Appeal to Tribunal (No. 3)

(1)
Where the registrar refuses an application under section (Group registration:

addition or replacement) the applicant may appeal to the Tribunal.

(  16  )

(2)
Where the registrar takes action in respect of an individual under section

(De-registration: conviction of offence) the individual may appeal to the

Tribunal.

(3)
Where the registrar grants or refuses an application under section (De-

registration: general) 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 section

(De-registration: general)(2), a person to whom the relevant land

belongs.

(5)
For the purposes of an appeal under this section the Tribunal may require

the production of a record made pursuant to section (Automatic conditions

of group registration)(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 section may appeal on a

point of law to the High Court.

(8)
An appeal under subsection (7) may be brought only with the permission

of—

(a)
the Tribunal, or

(b)
if the Tribunal refuses permission, the High Court.”
37
Insert the following new Clause—

“De-registration: saving

(1)
Cancellation of a registration under this Part 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.”
38
Insert the following new Clause—

“Offences

False information

A person commits an offence if—

(a)
he makes a false statement or gives false information in an

application under this Part, and

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