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(  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.”


 
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