(29-35)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  29  )

The Commons disagree to this Amendment for the following Reason—
42A
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 42, for the following Reason—
42B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 43
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withdrawn or abandoned), and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withdrawn or abandoned) or can no longer be brought (ignoring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.”

The Commons disagree to this Amendment for the following Reason—
43A
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 43, for the following Reason—
43B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.
Clause 14
LORDS AMENDMENT NO. 44
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—”

(  30  )

The Commons disagree to this Amendment for the following Reason—
44A
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 44, for the following Reason—
44B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.
Clause 15
LORDS AMENDMENT NO. 46
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.”

The Commons disagree to this Amendment for the following Reason—
46A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

(  31  )

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

The Lords do not insist on their Amendment 46 to which the Commons have disagreed for

their Reason 46A, but do propose Amendment 46C in lieu thereof—
46C
Leave out Clause 15 and insert the following new Clause—

“Commencement

(1)
This Act 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)
Notwithstanding the provisions of section 14, an order under this section

shall not be subject to parliamentary proceedings.”
Schedule 1
LORDS AMENDMENT NO. 47
47
Page 7, line 15, leave out from “(c. 69))” to end of line 16

The Commons disagree to this Amendment for the following Reason—
47A
Because it is undesirable to expand the exemptions from the prohibition on hunting.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 47, for the following Reason—
47B
Because it is desirable so to expand this class of exempt hunting.

LORDS AMENDMENT NO. 48
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)).”

The Commons disagree to this Amendment for the following Reason—
48A
Because it is undesirable to expand the exemptions from the prohibition on hunting.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 48, for the following Reason—
48B
Because it is desirable so to expand this class of exempt hunting.

LORDS AMENDMENT NO. 49
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—

(  32  )

(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.”

The Commons disagree to this Amendment for the following Reason—
49A
Because it is undesirable to expand the exemptions from the prohibition on hunting.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 49, for the following Reason—
49B
Because it is desirable to make provision for this class of exempt hunting.

LORDS AMENDMENT NO. 50
50
Page 9, line 6, after “be” insert “orphaned or”

The Commons disagree to this Amendment for the following Reason—
50A
Because it is undesirable to expand the exemptions from the prohibition on hunting.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 50, for the following Reason—
50B
Because it is desirable so to expand this class of exempt hunting.

LORDS AMENDMENT NO. 51
51
Page 9, line 12, at end insert “except to despatch orphaned cubs”

The Commons disagree to this Amendment for the following Reason—
51A
Because it is undesirable to expand the exemptions from the prohibition on hunting.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 51, for the following Reason—
51B
Because it is desirable so to expand this class of exempt hunting.

(  33  )

After Schedule 1
LORDS AMENDMENT NO. 52
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.

      (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.

(  34  )

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.

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.

(  35  )

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.

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.”

The Commons disagree to this Amendment for the following Reason—
52A
Because it involves a charge on public funds, and the Commons do not offer any further

Reasons, trusting that this Reason may be deemed sufficient.