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|
|
15 | Insert the following new Clause— |
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| “Application on behalf of group |
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| (1) | One or more individuals may apply to the registrar to be entered in the |
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| register in respect of hunting to be carried out jointly by— |
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| (a) | the individual registered or one or more of the individuals |
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| |
| (b) | one or more individuals under the supervision of the individual |
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| registered or of one or more of the individuals registered. |
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| (2) | Each of the applicants must be at least 16 years of age. |
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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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| (4) | 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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| (5) | 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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| (6) | An application must, in particular, include conditions specifying— |
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| (a) | a maximum number of individuals who may hunt at any time, |
|
| (b) | arrangements to ensure compliance with the condition about |
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| records imposed by section (Automatic conditions of group |
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| |
| (c) | arrangements for supervision by the individual or individuals to be |
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| registered of non-registered individuals participating in the |
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| |
| (7) | An application may request that one or more of the registered individuals |
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| should be registered in respect of hunting to be carried out without the |
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| participation of a non-registered individual (as well as in respect of the |
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| joint hunting mentioned in subsection (1)). |
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| (8) | Section (Registered hunting)(1) shall have effect as if the reference to |
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| individual registration included a reference to registration by virtue of |
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| subsection (7) above (but section (Registered hunting)(3) shall not apply). |
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| (9) | In this section “prescribed” means prescribed by regulations made by the |
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| |
16 | Insert the following new Clause— |
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| |
| (1) | The Secretary of State may make regulations about the treatment of an |
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| application under section (Application by individual) or (Application on behalf |
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| |
| (2) | The regulations may, in particular— |
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|
|
|
|
|
| (a) | enable the registrar to request, before determining an application, |
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| the provision of information or additional information by the |
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| applicant or applicants or by a prescribed animal welfare body; |
|
| (b) | make provision about timing; |
|
| (c) | enable or require the registrar to permit the amendment of an |
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| application, by the applicant or applicants, before its |
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| |
17 | Insert the following new Clause— |
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| |
| (1) | Where an individual application is refused, the applicant may not make a |
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| new individual application during the period of six months beginning with |
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| the date on which the first application is finally determined. |
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| (2) | Where an individual registration is cancelled the individual may not make |
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| a new individual application during the period of six months beginning |
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| with the date of cancellation. |
|
| (3) | Where a group application is refused, none of the applicants may be party |
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| to a new group application during the period of six months beginning with |
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| the date on which the first application is finally determined. |
|
| (4) | Where a group registration is cancelled none of the group may be party to |
|
| a new group application during the period of six months beginning with |
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| the date of cancellation. |
|
| (5) | Where an individual is removed from a group registration or an |
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| application to add him to a group registration is refused he may not be |
|
| party to a new group application during the period of six months |
|
| beginning with the date on which the removal is effected or the first |
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| application is finally determined. |
|
| |
| (a) | a refusal, cancellation or removal, other than one under section |
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| (Determination by registrar)(3)(b), (Determination by Tribunal)(3)(b), |
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| (Group registration: addition or replacement)(6) or (De-registration: |
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| conviction of an offence)(1), does not prevent a new application |
|
| |
| (i) | relates only to species to which the old application or |
|
| registration did not relate, or |
|
| (ii) | relates only to an area to which the old application or |
|
| registration did not relate, and |
|
| (b) | the registrar may permit an application despite any of subsections |
|
| (1) to (5) by reason of a material change of circumstances. |
|
| |
| | “group application” means an application under section (Application |
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| |
| | “individual application” means an application under section |
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| (Application by individual).” |
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|
|
|
|
18 | Insert the following new Clause— |
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| |
| Determination by registrar |
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| (1) | This section applies to an application for registration under section |
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| (Application by individual) or (Application on behalf of group). |
|
| (2) | On receipt of an application the registrar shall— |
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| (a) | invite the prescribed animal welfare bodies to make written |
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| representations about the application within a specified period, and |
|
| (b) | consider any written representations made by any of those bodies |
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| |
| (3) | If the registrar is satisfied that the hunting proposed in an application |
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| would satisfy the tests specified in section (Tests for registration: utility and |
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| least suffering) he shall— |
|
| (a) | grant the application, or |
|
| (b) | refuse the application if he thinks that the applicant, or any of the |
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| applicants, is not a fit and proper person to be registered by reason |
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| of a matter specified in subsection (4). |
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| |
| (a) | conviction for an offence under this Act, |
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| (b) | conviction for an offence under the Protection of Animals Act 1911 |
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| |
| (c) | conviction for an offence under the Protection of Animals |
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| (Scotland) Act 1912 (c. 14), |
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| (d) | conviction for an offence under section 2 of the Protection of |
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| Badgers Act 1992 (c. 51), |
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| (e) | conviction for an offence under the Wild Mammals (Protection) Act |
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| |
| (f) | conviction for an offence under the Protection of Wild Mammals |
|
| (Scotland) Act 2002 (asp 6), |
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| (g) | matters relating to the cancellation of the registration of the |
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| applicant or any of the applicants or his or their removal from a |
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| |
| (h) | matters relating to the cancellation of the registration of an |
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| individual who would be likely to hunt in reliance on the |
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| registration or his removal from a group registration. |
|
| (5) | If the registrar is satisfied that the hunting proposed in an application |
|
| would satisfy the tests specified in section (Tests for registration: utility and |
|
| least suffering) if carried out in accordance with conditions other than those |
|
| specified in the application, he may, with the consent of the applicant or |
|
| |
| (a) | grant the application, and |
|
| (b) | add to or vary the conditions specified in the application. |
|
| (6) | Where the registrar determines not to grant an application under |
|
| subsection (3) or (5) he shall refuse it. |
|
|
|
|
|
|
| (7) | In considering an application the registrar shall assume, unless he has |
|
| reason not to, that the hunting proposed would be carried out in |
|
| |
| (a) | the conditions specified in section (Automatic conditions of individual |
|
| registration) or (Automatic conditions of group registration), and |
|
| (b) | any condition specified in the application.” |
|
19 | Insert the following new Clause— |
|
| |
| (1) | Where the registrar refuses an application under section (Application by |
|
| individual) or (Application on behalf of group) the applicant or applicants may |
|
| |
| (2) | Where the registrar grants an application under section (Application by |
|
| individual) or (Application on behalf of group) a prescribed animal welfare |
|
| body may appeal to the Tribunal.” |
|
20 | Insert the following new Clause— |
|
| “Determination by Tribunal |
|
| (1) | This section applies where an appeal is brought to the Tribunal under |
|
| section (Appeal to Tribunal) against the registrar’s decision on an |
|
| |
| (2) | The Tribunal shall give the applicant or applicants and the prescribed |
|
| animal welfare bodies an opportunity to make representations. |
|
| (3) | If satisfied that the hunting proposed in the application would satisfy the |
|
| tests specified in section (Tests for registration: utility and least suffering) the |
|
| |
| (a) | grant the application, or |
|
| (b) | refuse the application if the Tribunal thinks that the applicant, or |
|
| any of the applicants, is not a fit and proper person to be registered |
|
| by reason of a matter specified in section (Determination by |
|
| |
| (4) | If satisfied that the hunting proposed in the application would satisfy the |
|
| tests specified in section (Tests for registration: utility and least suffering) if |
|
| carried out in accordance with conditions other than those specified in the |
|
| application, the Tribunal may, with the consent of the applicant or |
|
| |
| (a) | grant the application, and |
|
| (b) | add to or vary the conditions specified in the application. |
|
| (5) | Where the Tribunal determines not to grant the application under |
|
| subsection (3) or (4) it shall refuse the application. |
|
| (6) | In considering an appeal under section (Appeal to Tribunal) the Tribunal |
|
| shall assume, unless it has reason not to, that the hunting proposed in an |
|
| application would be carried out in accordance with— |
|
| (a) | the conditions specified in section (Automatic conditions of individual |
|
| registration) or (Automatic conditions of group registration), and |
|
| (b) | any condition specified in the application. |
|
|
|
|
|
|
| (7) | On determining an appeal the Tribunal may— |
|
| (a) | give a direction to the registrar; |
|
| (b) | make any order that it thinks appropriate.” |
|
21 | Insert the following new Clause— |
|
| |
| (1) | A person who is party to proceedings before the Tribunal under section |
|
| (Appeal to Tribunal) may appeal on a point of law to the High Court. |
|
| (2) | An appeal under subsection (1) may be brought only with the permission |
|
| |
| |
| (b) | if the Tribunal refuses permission, the High Court.” |
|
22 | Insert the following new Clause— |
|
| |
| |
| The Secretary of State may make regulations about— |
|
| (a) | the form of the register; |
|
| (b) | the manner in which it is maintained.” |
|
23 | Insert the following new Clause— |
|
| |
| In the case of each registration the register shall record— |
|
| (a) | the species of wild mammal in respect of the hunting of which the |
|
| |
| (b) | the area in respect of hunting in which the registration has effect, |
|
| (c) | any other information provided in or with the application for |
|
| |
| (d) | any conditions of the registration (apart from those specified in |
|
| section (Automatic conditions of individual registration) or (Automatic |
|
| conditions of group registration), and |
|
| (e) | such other matters as may be prescribed by regulations made by the |
|
| |
24 | Insert the following new Clause— |
|
| “Inspection of the register |
|
| |
| (a) | shall make the register available for inspection by the public at all |
|
| |
| (b) | shall provide a copy of an entry in the register to any person who |
|
| |
| (2) | But the Secretary of State may by regulations— |
|
|
|
|
|
|
| (a) | provide that information of a specified kind shall not be made |
|
| available for inspection under subsection (1)(a) and shall be omitted |
|
| from copies provided under subsection (1)(b); |
|
| (b) | require the payment of a specified fee as a precondition of the |
|
| provision of a copy under subsection (1)(b). |
|
| (3) | Regulations under subsection (2)(a) may make provision by reference to a |
|
| request of a registered individual.” |
|
25 | Insert the following new Clause— |
|
| “Standard duration of registration |
|
| Registration under this Part shall have effect for— |
|
| (a) | the period of three years starting with the date on which it is |
|
| |
| (b) | such shorter period starting with that date as may be specified in |
|
| the application for registration.” |
|
26 | Insert the following new Clause— |
|
| |
| (1) | Registration under this Part may be renewed so as to continue to have |
|
| |
| (a) | the period of three years starting with the date on which renewal is |
|
| |
| (b) | such shorter period starting with that date as may be specified in |
|
| the application for renewal. |
|
| (2) | A provision of this Act which has effect in relation to an application for |
|
| registration shall have effect (with any necessary modifications) in relation |
|
| to an application for the renewal of a registration. |
|
| (3) | If an application for renewal of registration is made more than six months |
|
| before the registration would otherwise expire, the registration shall |
|
| continue to have effect until the application is finally determined. |
|
| (4) | Subsection (3) has effect— |
|
| (a) | despite section (Standard duration of registration), but |
|
| (b) | subject to any power under this Part to cancel or vary a registration. |
|
| (5) | Regulations under this Part may make special provision in relation to |
|
| applications for renewal.” |
|
27 | Insert the following new Clause— |
|
| “Handling of applications |
|
| (1) | The Secretary of State may make regulations about the treatment of an |
|
| application under this Part (other than under section (Application by |
|
| individual) or (Application on behalf of group). |
|
| (2) | The regulations may, in particular— |
|
| (a) | enable the registrar to request, before determining an application, |
|
| the provision of information or additional information by the |
|
| applicant or applicants or by a prescribed animal welfare body; |
|
|
|
|
|
|
| (b) | make provision about timing.” |
|
28 | Insert the following new Clause— |
|
| “Conditions of registration |
|
| Automatic conditions of individual registration |
|
| (1) | Individual registration is subject to the conditions specified in this section. |
|
| (2) | The first condition is that in the course of hunting carried out in reliance on |
|
| the registration reasonable steps are taken to ensure— |
|
| (a) | that any wild mammal injured or captured is killed quickly and |
|
| |
| (b) | that any wild mammal shot in accordance with paragraph (a) is |
|
| shot by a competent person, and |
|
| (c) | that hunting is carried out on land only with the prior permission |
|
| of the occupier of the land or, in the case of unoccupied land, a |
|
| person to whom it belongs. |
|
| (3) | The second condition is that any inspector appointed by a prescribed |
|
| animal welfare body is permitted on request to accompany the registered |
|
| individual for the purpose of inspecting hunting carried on in reliance on |
|
| |
| (4) | The third condition is that there is insurance in place in respect of loss or |
|
| damage caused to persons other than the registered individual in the |
|
| course of hunting carried on in reliance on the registration. |
|
| (5) | The fourth condition is that where the registered individual hunts in |
|
| reliance on the registration not more than two other individuals (whether |
|
| registered or not) participate in the hunting.” |
|
29 | Insert the following new Clause— |
|
| “Automatic conditions of group registration |
|
| (1) | Group registration is subject to the conditions specified in this section. |
|
| (2) | The first condition is that in the course of hunting carried out in reliance on |
|
| the registration reasonable steps are taken to ensure— |
|
| (a) | that any wild mammal injured or captured is killed quickly and |
|
| |
| (b) | that any wild mammal shot in accordance with paragraph (a) is |
|
| shot by a competent person, and |
|
| (c) | that hunting is carried out on land only with the prior permission |
|
| of the occupier of the land or, in the case of unoccupied land, a |
|
| person to whom it belongs. |
|
| (3) | The second condition is that any inspector appointed by a prescribed |
|
| animal welfare body is permitted on request to accompany individuals |
|
| hunting in reliance on the registration for the purpose of inspecting their |
|
| |
| (4) | The third condition is that there is insurance in place in respect of loss or |
|
| damage caused to persons other than those registered in the course of |
|
| hunting in reliance on the registration. |
|
|