(5-11)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  5  )
15
Insert the following new Clause—

“Application on behalf of group

(1)
One or more individuals may apply to the registrar to be entered in the

register in respect of hunting to be carried out jointly by—

(a)
the individual registered or one or more of the individuals

registered, and

(b)
one or more individuals under the supervision of the individual

registered or of one or more of the individuals registered.

(2)
Each of the applicants must be at least 16 years of age.

(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)
An application must specify—

(a)
the species of wild mammal which it is proposed to hunt, and

(b)
the area in which it is proposed to hunt.

(5)
An application may specify a condition to be included in the register as a

condition of the proposed hunting.

(6)
An application must, in particular, include conditions specifying—

(a)
a maximum number of individuals who may hunt at any time,

(b)
arrangements to ensure compliance with the condition about

records imposed by section (Automatic conditions of group

registration)(5), and

(c)
arrangements for supervision by the individual or individuals to be

registered of non-registered individuals participating in the

proposed hunting.

(7)
An application may request that one or more of the registered individuals

should be registered in respect of hunting to be carried out without the

participation of a non-registered individual (as well as in respect of the

joint hunting mentioned in subsection (1)).

(8)
Section (Registered hunting)(1) shall have effect as if the reference to

individual registration included a reference to registration by virtue of

subsection (7) above (but section (Registered hunting)(3) shall not apply).

(9)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”
16
Insert the following new Clause—

“Handling

(1)
The Secretary of State may make regulations about the treatment of an

application under section (Application by individual) or (Application on behalf

of group).

(2)
The regulations may, in particular—

(  6  )

(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;

(c)
enable or require the registrar to permit the amendment of an

application, by the applicant or applicants, before its

determination.”
17
Insert the following new Clause—

“Renewal of application

(1)
Where an individual application is refused, the applicant may not make a

new individual application during the period of six months beginning with

the date on which the first application is finally determined.

(2)
Where an individual registration is cancelled the individual may not make

a new individual application during the period of six months beginning

with the date of cancellation.

(3)
Where a group application is refused, none of the applicants may be party

to a new group application during the period of six months beginning with

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

the date of cancellation.

(5)
Where an individual is removed from a group registration or an

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

application is finally determined.

(6)
But—

(a)
a refusal, cancellation or removal, other than one under section

(Determination by registrar)(3)(b), (Determination by Tribunal)(3)(b),

(Group registration: addition or replacement)(6) or (De-registration:

conviction of an offence)(1), does not prevent a new application

which—

(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.

(7)
In this section—


“group application” means an application under section (Application

on behalf of group), and


“individual application” means an application under section

(Application by individual).”

(  7  )
18
Insert the following new Clause—

“Determination

Determination by registrar

(1)
This section applies to an application for registration under section

(Application by individual) or (Application on behalf of group).

(2)
On receipt of an application the registrar shall—

(a)
invite the prescribed animal welfare bodies to make written

representations about the application within a specified period, and

(b)
consider any written representations made by any of those bodies

within that period.

(3)
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) he shall—

(a)
grant the application, or

(b)
refuse the application if he 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 subsection (4).

(4)
Those matters are—

(a)
conviction for an offence under this Act,

(b)
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),

(g)
matters relating to the cancellation of the registration of the

applicant or any of the applicants or his or their removal from a

group registration, and

(h)
matters relating to the cancellation of the registration of an

individual who would be likely to hunt in reliance on the

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

applicants—

(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.

(  8  )

(7)
In considering an application the registrar shall assume, unless he has

reason not to, that the hunting proposed 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.”
19
Insert the following new Clause—

“Appeal to Tribunal

(1)
Where the registrar refuses an application under section (Application by

individual) or (Application on behalf of group) the applicant or applicants may

appeal to the Tribunal.

(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

application.

(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

Tribunal shall—

(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

registrar)(4).

(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

applicants—

(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.

(  9  )

(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—

“Appeal from Tribunal

(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

of—

(a)
the Tribunal, or

(b)
if the Tribunal refuses permission, the High Court.”
22
Insert the following new Clause—

“The register

Form of the register

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—

“Content of the register

In the case of each registration the register shall record—

(a)
the species of wild mammal in respect of the hunting of which the

registration has effect,

(b)
the area in respect of hunting in which the registration has effect,

(c)
any other information provided in or with the application for

registration,

(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

Secretary of State.”
24
Insert the following new Clause—

“Inspection of the register

(1)
The registrar—

(a)
shall make the register available for inspection by the public at all

reasonable times, and

(b)
shall provide a copy of an entry in the register to any person who

requests it.

(2)
But the Secretary of State may by regulations—

(  10  )

(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

effected, or

(b)
such shorter period starting with that date as may be specified in

the application for registration.”
26
Insert the following new Clause—

“Renewal of registration

(1)
Registration under this Part may be renewed so as to continue to have

effect for—

(a)
the period of three years starting with the date on which renewal is

effected, or

(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;

(  11  )

(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

humanely,

(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

the registration.

(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

humanely,

(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

hunting.

(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.