(36-39)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  36  )

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

The Lords do not insist on their Amendment 52 to which the Commons have disagreed for

their Reason 52A, at end insert “but do propose Amendment 52C in lieu thereof—

[After Schedule 1]
52C
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.

(  37  )

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.

(  38  )

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 appropriate sums by way of remuneration, allowances

and expenses to a person appointed under any of paragraphs 1

to 5,

(b)
may pay appropriate 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 appropriate sums by way of allowances and expenses

to an expert witness called under paragraph 12.””
Schedule 2
LORDS AMENDMENT NO. 53
53
Page 10, line 25, after “is” insert “registered or”

The Commons disagree to this Amendment for the following Reason—
53A
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 53, for the following Reason—
53B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

(  39  )

insisted.
In the Title
LORDS AMENDMENT NO. 54
54
Line 1, after “prohibit” insert “unregistered”

The Commons disagree to this Amendment for the following Reason—
54A
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 54, for the following Reason—
54B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.