|
|
|
|
|
| (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 |
|
| |
| (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 |
|
| |
| |
| |
| |
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 |
|
| |
| (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 |
|
| |
| |
| (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 |
|
| |
|
|
|
|
|
| (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 |
|
| |
| (5) | In this section “prescribed” means prescribed by regulations made by the |
|
| |
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 |
|
| |
| (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 |
|
| |
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
|
|
|
| (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 |
|
| |
| (a) | a conviction for an offence under this Act, |
|
| (b) | a conviction for an offence under the Protection of Animals Act |
|
| |
| (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 |
|
| |
| (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 |
|
| |
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 |
|
| |
| |
| (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).” |
|
|
|
|
|
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— |
|
| |
| (b) | the relevant registered individual or individuals, and |
|
| (c) | in the case of an application under subsection (2), any person to |
|
| |
| (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 |
|
| |
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. |
|
|
|
|
|
|
| (2) | Where the registrar takes action in respect of an individual under section |
|
| (De-registration: conviction of offence) the individual may appeal to the |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| |
| (b) | if the Tribunal refuses permission, the High Court.” |
|
37 | Insert the following new Clause— |
|
| |
| (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 |
|
| |
38 | Insert the following new Clause— |
|
| |
| |
| 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.” |
|
|