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| The Lords do not insist on their Amendment 12, to which the Commons have disagreed for |
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| their Reason 12A, but do propose the following Amendment 12C in lieu thereof— |
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12C | Insert the following new Clause— |
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| “Prescribed animal welfare bodies |
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| (1) | The Secretary of State shall by regulations prescribe one or more bodies as |
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| prescribed animal welfare bodies for the purposes of this Part. |
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| (2) | The Secretary of State may prescribe a body only if he thinks that it is |
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| wholly or partly concerned with the protection or welfare of animals. |
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| (3) | The Secretary of State may make an appropriate payment by way of grant |
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| (which may be subject to conditions) to a prescribed animal welfare body.” |
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13 | Insert the following new Clause— |
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| |
| (1) | English Nature may provide advice on request to the registrar or the |
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| Tribunal about the exercise of a function under this Act in relation to |
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| |
| (2) | The Countryside Council for Wales may provide advice on request to the |
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| registrar or the Tribunal about the exercise of a function under this Act in |
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| |
| The Commons disagree to this Amendment for the following Reason— |
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13A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 13, for the following Reason— |
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13B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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14 | Insert the following new Clause— |
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| “Application for registration |
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| Application by individual |
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| (1) | An individual may apply to the registrar to be entered in the register in |
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| respect of hunting which he proposes to carry out. |
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| (2) | An applicant must be at least 16 years of age. |
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| (3) | Where an applicant is younger than 18 years of age, his application must be |
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| countersigned by a parent or guardian. |
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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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| (5) | 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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| (6) | 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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| (7) | In this section “prescribed” means prescribed by regulations made by the |
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| |
| The Commons disagree to this Amendment for the following Reason— |
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14A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 14, for the following Reason— |
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14B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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| |
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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, |
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| (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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| |
| The Commons disagree to this Amendment for the following Reason— |
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15A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 15, for the following Reason— |
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15B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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| |
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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; |
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| (b) | make provision about timing; |
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| (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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| |
| The Commons disagree to this Amendment for the following Reason— |
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16A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 16, for the following Reason— |
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16B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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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. |
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| (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. |
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| (4) | Where a group registration is cancelled none of the group may be party to |
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| a new group application during the period of six months beginning with |
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| the date of cancellation. |
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| (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 |
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| party to a new group application during the period of six months |
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| beginning with the date on which the removal is effected or the first |
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| application is finally determined. |
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| |
| (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 |
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| |
| (i) | relates only to species to which the old application or |
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| registration did not relate, or |
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| (ii) | relates only to an area to which the old application or |
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| registration did not relate, and |
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| (b) | the registrar may permit an application despite any of subsections |
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| (1) to (5) by reason of a material change of circumstances. |
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| |
| | “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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| The Commons disagree to this Amendment for the following Reason— |
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17A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 17, for the following Reason— |
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17B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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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). |
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| (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 |
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| (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— |
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| (a) | grant the application, or |
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| (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 |
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| (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. |
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| (5) | 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) if carried out in accordance with conditions other than those |
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|
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| specified in the application, he may, with the consent of the applicant or |
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| |
| (a) | grant the application, and |
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| (b) | add to or vary the conditions specified in the application. |
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| (6) | Where the registrar determines not to grant an application under |
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| subsection (3) or (5) he shall refuse it. |
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| (7) | In considering an application the registrar shall assume, unless he has |
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| reason not to, that the hunting proposed would be carried out in |
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| |
| (a) | the conditions specified in section (Automatic conditions of individual |
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| registration) or (Automatic conditions of group registration), and |
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| (b) | any condition specified in the application.” |
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| The Commons disagree to this Amendment for the following Reason— |
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18A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 18, for the following Reason— |
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18B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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| |
| |
19 | Insert the following new Clause— |
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| |
| (1) | Where the registrar refuses an application under section (Application by |
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| individual) or (Application on behalf of group) the applicant or applicants may |
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| |
| (2) | Where the registrar grants an application under section (Application by |
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| individual) or (Application on behalf of group) a prescribed animal welfare |
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| body may appeal to the Tribunal.” |
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| The Commons disagree to this Amendment for the following Reason— |
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19A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 19, for the following Reason— |
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19B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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| |
| |
20 | Insert the following new Clause— |
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|
|
|
|
|
| “Determination by Tribunal |
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| (1) | This section applies where an appeal is brought to the Tribunal under |
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| section (Appeal to Tribunal) against the registrar’s decision on an |
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| |
| (2) | The Tribunal shall give the applicant or applicants and the prescribed |
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| animal welfare bodies an opportunity to make representations. |
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| (3) | If satisfied that the hunting proposed in the application would satisfy the |
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| tests specified in section (Tests for registration: utility and least suffering) the |
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| |
| (a) | grant the application, or |
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| (b) | refuse the application if the Tribunal thinks that the applicant, or |
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| any of the applicants, is not a fit and proper person to be registered |
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| by reason of a matter specified in section (Determination by |
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| |
| (4) | If satisfied that the hunting proposed in the application would satisfy the |
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| tests specified in section (Tests for registration: utility and least suffering) if |
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| carried out in accordance with conditions other than those specified in the |
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| application, the Tribunal may, with the consent of the applicant or |
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| |
| (a) | grant the application, and |
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| (b) | add to or vary the conditions specified in the application. |
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| (5) | Where the Tribunal determines not to grant the application under |
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| subsection (3) or (4) it shall refuse the application. |
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| (6) | In considering an appeal under section (Appeal to Tribunal) the Tribunal |
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| shall assume, unless it has reason not to, that the hunting proposed in an |
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| 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 |
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| (b) | any condition specified in the application. |
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| (7) | On determining an appeal the Tribunal may— |
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| (a) | give a direction to the registrar; |
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| (b) | make any order that it thinks appropriate.” |
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| The Commons disagree to this Amendment for the following Reason— |
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20A | Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed. |
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| |
| The Lords insist on their Amendment 20, for the following Reason— |
|
20B | Because this Amendment is consequential on Lords Amendment 1, on which the Lords have |
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| |
| |
21 | Insert the following new Clause— |
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|