(8-14)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  8  )

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

The Lords do not insist on their Amendment 12, to which the Commons have disagreed for

their Reason 12A, but do propose the following Amendment 12C in lieu thereof—
12C
Insert the following new Clause—

“Prescribed animal welfare bodies

(1)
The Secretary of State shall by regulations prescribe one or more bodies as

prescribed animal welfare bodies for the purposes of this Part.

(2)
The Secretary of State may prescribe a body only if he thinks that it is

wholly or partly concerned with the protection or welfare of animals.

(3)
The Secretary of State may make an appropriate payment by way of grant

(which may be subject to conditions) to a prescribed animal welfare body.”

LORDS AMENDMENT NO. 13
13
Insert the following new Clause—

“Advisory bodies

(1)
English Nature may provide advice on request to the registrar or the

Tribunal about the exercise of a function under this Act in relation to

England.

(2)
The Countryside Council for Wales may provide advice on request to the

registrar or the Tribunal about the exercise of a function under this Act in

relation to Wales.”

The Commons disagree to this Amendment for the following Reason—
13A
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 13, for the following Reason—
13B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 14
14
Insert the following new Clause—

“Application for registration

Application by individual

(1)
An individual may apply to the registrar to be entered in the register in

respect of hunting which he proposes to carry out.

(2)
An applicant must be at least 16 years of age.

(  9  )

(3)
Where an applicant is younger than 18 years of age, his application must be

countersigned by a parent or guardian.

(4)
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.

(5)
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.

(6)
An application may specify a condition to be included in the register as a

condition of the proposed hunting.

(7)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”

The Commons disagree to this Amendment for the following Reason—
14A
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 14, for the following Reason—
14B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 15
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.

(  10  )

(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.”

The Commons disagree to this Amendment for the following Reason—
15A
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 15, for the following Reason—
15B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 16
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—

(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.”

The Commons disagree to this Amendment for the following Reason—
16A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

(  11  )

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 16, for the following Reason—
16B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 17
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).”

The Commons disagree to this Amendment for the following Reason—
17A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

(  12  )

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 17, for the following Reason—
17B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 18
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

(  13  )

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.

(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.”

The Commons disagree to this Amendment for the following Reason—
18A
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 18, for the following Reason—
18B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 19
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.”

The Commons disagree to this Amendment for the following Reason—
19A
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 19, for the following Reason—
19B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 20
20
Insert the following new Clause—

(  14  )

“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.

(7)
On determining an appeal the Tribunal may—

(a)
give a direction to the registrar;

(b)
make any order that it thinks appropriate.”

The Commons disagree to this Amendment for the following Reason—
20A
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 20, for the following Reason—
20B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 21
21
Insert the following new Clause—