(22-28)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  22  )

(b)
if the Tribunal refuses permission, the High Court.”

The Commons disagree to this Amendment for the following Reason—
32A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 32, for the following Reason—
32B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 33
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.

(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

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(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.”

The Commons disagree to this Amendment for the following Reason—
33A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 33, for the following Reason—
33B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 34
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).”

The Commons disagree to this Amendment for the following Reason—
34A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 34, for the following Reason—
34B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

(  24  )

LORDS AMENDMENT NO. 35
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.”

The Commons disagree to this Amendment for the following Reason—
35A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

(  25  )

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 35, for the following Reason—
35B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 36
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

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.”

The Commons disagree to this Amendment for the following Reason—
36A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 36, for the following Reason—

(  26  )
36B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 37
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.”

The Commons disagree to this Amendment for the following Reason—
37A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 37, for the following Reason—
37B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 38
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.”

The Commons disagree to this Amendment for the following Reason—
38A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 38, for the following Reason—
38B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 39
39
Insert the following new Clause—

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“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.”

The Commons disagree to this Amendment for the following Reason—
39A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 39, for the following Reason—
39B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.
Clause 6
LORDS AMENDMENT NO. 40
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.”

The Commons disagree to this Amendment for the following Reason—
40A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 40, for the following Reason—
40B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.
After Clause 9
LORDS AMENDMENT NO. 41
41
Insert the following new Clause—

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“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.

(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.”

The Commons disagree to this Amendment for the following Reason—
41A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 41, for the following Reason—
41B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.
Clause 11
LORDS AMENDMENT NO. 42
42
Page 4, line 20, at end insert “; or

“(c)
a person engages or participates in a hare coursing event.”