(17-22)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  17  )
39
Insert the following new Clause—

“Group registration: failure to keep records

(1)
In the case of a group registration each registered individual commits an

offence if he fails—

(a)
to make a record of each occasion on which he hunts in purported

reliance on the registration,

(b)
when hunting in purported reliance on the registration, to make a

record of the identity of each individual participating in the

hunting, or

(c)
to retain throughout the duration of the registration each record

made by him under paragraph (a) or (b).

(2)
It is a defence for an individual charged with an offence under this section

to show that he reasonably believed that a record was made or retained by

another registered individual.”
Clause 6
40
Page 2, line 20, at end insert—

“( )
Where a magistrates’ court convicts a person of an offence under this Act

the clerk of the court (within the meaning of section 141 of the Magistrates’

Courts Act 1980 (c. 43)) shall notify the registrar.”
After Clause 9
41
Insert the following new Clause—

“Disqualification for registration

(1)
A court which convicts a person of an offence under Part 1 of this Act may

make an order (a “disqualification order”) that he may not—

(a)
be registered under Part 1A of this Act, or

(b)
hunt in reliance on section (Registered hunting)(2) or (3).

(2)
A disqualification order shall specify the duration of the disqualification

(which may be for the person’s life).

(3)
The registrar—

(a)
shall not register a person who is subject to a disqualification order,

(b)
shall cancel a person’s registration if he is registered when a

disqualification order takes effect, and

(c)
shall cancel a person’s registration if he was subject to a

disqualification order when the registration took effect.

(4)
The subject of a disqualification order may apply for an order terminating

it.

(5)
An application under subsection (4) for the termination of a

disqualification order may be made only if—

(a)
a year has elapsed since the date of the order, and

(b)
a year has elapsed since the date of the determination of any

previous application under subsection (4) in respect of the order.

(  18  )

(6)
An application under subsection (4) must be made to—

(a)
the magistrates’ court which made the disqualification order, or

(b)
a magistrates’ court for the same petty sessions area.

(7)
On hearing an application under subsection (4) a magistrates’ court may

order the applicant to pay costs.

(8)
Where a magistrates’ court makes or terminates a disqualification order the

clerk of the court (within the meaning of section 141 of the Magistrates’

Courts Act 1980 (c. 43)) shall notify the registrar.

(9)
In this section a reference to a person’s registration includes a reference to

his inclusion in a group registration.”
Clause 11
42
Page 4, line 20, at end insert “; or

“(c)
a person engages or participates in a hare coursing event.”
43
Page 4, line 28, at end insert—

“( )
For the purposes of this Act an application to the registrar shall be treated

as finally determined when—

(a)
the registrar has determined the application (or it has been

withdrawn or abandoned), and

(b)
an appeal to the Tribunal has been determined by the Tribunal (or

withdrawn or abandoned) or can no longer be brought (ignoring

the possibility of an appeal out of time with permission).

( )
In this Act a reference to a party to proceedings before the registrar or the

Tribunal includes a reference to a person who makes representations to the

registrar or Tribunal about the proceedings.”
Clause 14
44
Page 5, line 2, leave out from “order” to end of line 5 and insert “, regulations or

rules made by the Secretary of State or the Lord Chancellor under this Act shall be

made by statutory instrument.

( )
An order of the Secretary of State under this Act may not be made unless a

draft has been laid before and approved by resolution of each House of

Parliament, other than an order under section (Commencement) which shall

not be subject to parliamentary proceedings.

( )
Regulations and rules under this Act shall be subject to annulment in

pursuance of a resolution of either House of Parliament.

( )
An order, regulations or rules made by the Secretary of State or the Lord

Chancellor under this Act—”
After Clause 14
45
Insert the following new Clause—

“Money

(1)
Any expenditure incurred by a Minister of the Crown in connection with

this Act shall be paid out of money provided by Parliament.

(  19  )

(2)
Money received by the registrar by way of fees shall be paid into the

Consolidated Fund.”
Clause 15
46
Leave out Clause 15 and insert the following new Clause—

“Commencement

(1)
Parts 1, 1A and 2 and section 13 shall come into force on a day appointed

by order made by the Secretary of State by statutory instrument; and

different days may be appointed for different purposes.

(2)
The Secretary of State may not make an order under subsection (1) before

1st December 2007.

(3)
The Secretary of State may not make an order under subsection (1) before

he has received a report from the Royal College of Veterinary Surgeons

commissioned by him on the relative pain, suffering or distress caused to

wild mammals by hunting with dogs compared with other methods of

controlling those wild mammals.

(4)
The species of wild mammal included in the report under subsection (3)

must include deer, fox, hare and mink.”
Schedule 1
47
Page 7, line 15, leave out from “(c. 69))” to end of line 16
48
Page 7, line 16, at end insert “, or livestock (within the meaning of section 8(1) of

the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)).”
49
Page 8, line 10, at end insert—

“Stoats and weasels

The hunting of stoats and weasels is exempt if it takes place on land—

(a)
which belongs to the hunter, or

(b)
which he has been given permission to use for the purpose by the

occupier or, in the case of unoccupied land, by a person to whom

it belongs.”
50
Page 9, line 6, after “be” insert “orphaned or”
51
Page 9, line 12, at end insert “except to despatch orphaned cubs”
After Schedule 1
52
Insert the following new Schedule—

Section (The Hunting Tribunal)

“The Hunting Tribunal

President and deputy

1     (1)
The Lord Chancellor shall appoint a President of the Tribunal.

(  20  )

      (2)
A person may be appointed as President only if—

(a)
he has a ten year general qualification within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b)
he is an advocate or solicitor in Scotland of at least ten years’

standing, or

(c)
he is a member of the Bar of Northern Ireland, or a solicitor of the

Supreme Court of Northern Ireland, of at least ten years’

standing.

2     (1)
The Lord Chancellor may appoint a member of the panel of chairmen of

the Tribunal as deputy President of the Tribunal.

      (2)
The deputy President—

(a)
may act for the President if he is unable to act or unavailable or

during a vacancy in the office of President, and

(b)
shall perform such other functions as the President may assign or

delegate to him.

3
The Lord Chancellor may authorise a member of the panel of chairmen

of the Tribunal—

(a)
to act for the President if he and the deputy President (if there is

one) are unable to act or unavailable;

(b)
to act for the President during a vacancy in that office if there is

no deputy President;

(c)
to act for the deputy President if he is unable to act or

unavailable.

Chairmen

4     (1)
The Lord Chancellor shall appoint persons to a panel of chairmen of the

Tribunal.

      (2)
A person may be appointed under this paragraph only if—

(a)
he has a seven year general qualification within the meaning of

section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b)
he is an advocate or solicitor in Scotland of at least seven years’

standing, or

(c)
he is a member of the Bar of Northern Ireland, or a solicitor of the

Supreme Court of Northern Ireland, of at least seven years’

standing.

Members

5     (1)
The Lord Chancellor shall appoint persons to a panel of members of the

Tribunal.

      (2)
A person may be appointed under this paragraph only if he—

(a)
is on the general list of veterinary surgeons (within the meaning

of section 2 of the Veterinary Surgeons Act 1966 (c. 36)), or

(b)
has experience relating to the welfare of animals or the

management of land which in the Lord Chancellor’s opinion

makes it appropriate to appoint him as a member of the Tribunal.

(  21  )

Tenure

6     (1)
A person appointed under any of paragraphs 1 to 5 shall hold and vacate

office in accordance with the terms of his appointment (subject to this

paragraph).

      (2)
A person appointed under any of paragraphs 1 to 5 may resign by notice

in writing to the Lord Chancellor.

      (3)
The Lord Chancellor may dismiss a person appointed under any of

paragraphs 1 to 5—

(a)
on the grounds that he is unable or unwilling to perform his

functions, or

(b)
for misbehaviour.

Proceedings

7
The Tribunal shall sit in such places and at such times as the Lord

Chancellor shall determine (and may hold more than one sitting at a

time).

8     (1)
The President shall make arrangements for determining which of the

persons appointed under paragraphs 1 to 5 shall constitute the Tribunal

at each sitting.

      (2)
The arrangements shall, in particular—

(a)
ensure that at each sitting the Tribunal consists of or includes the

President or a member of the panel of chairmen, and

(b)
make provision for replacement in a case where the Tribunal

consists of a single member who becomes unable to act.

9
Decisions of the Tribunal may be taken by majority vote.

10
The President may give directions about the practice and procedure of

the Tribunal.

11
Rules under section (The Hunting Tribunal) may, in particular, make

provision—

(a)
about representation of parties;

(b)
about withdrawal of proceedings;

(c)
about the admission of members of the public to proceedings;

(d)
about recording and promulgating decisions;

(e)
by reference to a direction given or to be given by the President.

Evidence

12
The Tribunal—

(a)
may call an expert witness to give evidence on a matter of fact

arising in proceedings before it, and

(b)
may have regard to advice provided to it under section

(Advisory bodies).

Costs

13
If the Tribunal thinks that a party to proceedings before it has acted

unreasonably it may order the party to pay all or part of the costs

incurred by another party to the proceedings.

(  22  )

Council on Tribunals

14
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)

(tribunals under general supervision of Council) the following shall be

inserted before paragraph 22—

“Hunting
21B. The Hunting Tribunal

established by section (The

Hunting Tribunal) of the

Hunting Act 2004.”

Money

15
The Lord Chancellor—

(a)
may pay sums by way of remuneration, allowances and expenses

to a person appointed under any of paragraphs 1 to 5,

(b)
may pay sums by way of or in respect of a pension to a person

appointed under any of paragraphs 1 to 5,

(c)
may make staff and other facilities available to the Tribunal, and

(d)
may pay sums by way of allowances and expenses to an expert

witness called under paragraph 12.”
Schedule 2
53
Page 10, line 25, after “is” insert “registered or”
In the Title
54
Line 1, after “prohibit” insert “unregistered”