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Wild Mammals (Protection) (Amendment) (No. 2) Bill [HL]

Wild Mammals (Protection) (Amendment) (No. 2) Bill [HL]






Amend the Wild Mammals (Protection) Act 1996.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Amendment of Wild Mammals (Protection) Act 1996

     (1)    For section 1 of the Wild Mammals (Protection) Act 1996 (c. 3) there shall be



Any person who intentionally causes undue suffering to any wild


mammal shall be guilty of an offence."

     (2)    For section 2 of that Act there shall be substituted—

       "Exceptions from offence under the Act

A person shall not be guilty of an offence under this Act by reason of

any act done—


                  (a)                 in accordance with a recognised code, or

                  (b)                 in the normal and humane conduct of a lawful and customary


            unless any suffering caused by that act should reasonably have been

avoided or substantially alleviated in the course of his conduct of that



     (3)    After section 2 of that Act there shall be inserted—

       "2A            Regulations

           (1)           The Secretary of State shall have power to make regulations for—

                  (a)                 the recognition of any exisiting body as the proper authority for


making a code in respect of the conduct of any activity in

HL Bill 11 53/2

Wild Mammals (Protection) (Amendment) (No. 2) Bill [HL]



                  (a)                 connection with wild mammals or one or more species of wild


                  (b)                 the establishment of a body as the proper authority for the

making of any such code;

                  (c)                 the creation of tribunals with jurisdiction, whether or not


exclusive, to hear, determine and punish any complaint of any

offence under this Act and for conferring upon such tribunals

all or any of the powers of a court of summary jurisdiction.

           (2)           Such regulations shall be made by statutory instrument and shall not be

made unless a draft has been laid before, and approved by resolution


of, each House of Parliament."

     (4)    At the end of section 3 of that Act, there shall be inserted—

            "and "recognised code" means a code from time to time published by any

relevant authority recognised or established by regulations made

under section 2A hereof."


 2     Short title and commencement

     (1)    This Act my be cited as the Wild Mammals (Protection) (Amendment) (No. 2)

Act 2002.

     (2)    This Act shall come into force with the expiration of one month beginning with

its passing.





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