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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:—


Amendment of Wild Mammals (Protection) Act 1996


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.”


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—



in accordance with a recognised code, or


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




After section 2 of that Act there shall be inserted—




There shall be an Authority, appointed in accordance with the

provisions of the Schedule.


HL Bill 118 53/2

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




The Authority may—


recognise any body as the proper authority for making from

time to time a code in respect of the normal and humane

manner of conducting any activity in connection with wild

mammals or one or more species of wild mammal;



after proper consideration, approve a code made by any body

so recognised as the proper code for regulating the conduct of

the activity or part of the activity in respect of which that body

was recognised.


Where the Authority has approved any code, it shall submit that code


to the Secretary of State.


Where the Secretary of State receives from the Authority any code he

may either—


make a regulation recognising that code, or


write to the Authority setting out the reasons why he does not


consider that code to be suitable for recognition.


Provided that where—


there is a recognised code regulating the conduct of a particular

activity or part of any activity;


the alleged offence relates to conduct in the course of that


activity or part thereof; and


the conduct in question is contrary to an express provision of

that code,


it shall not be a defence to show that that conduct is in the normal and

humane conduct of that activity.



Any regulation recognising a code 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.


The Authority shall not exercise any of the powers conferred by this

section, unless it is satisfied that it has, or that provision has been made


to provide to it, sufficient monies to enable it to exercise such powers.


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


“and “recognised code” means a code from time to time submitted by

the Authority under section 2A(3) and recognised by the Secretary of

State under section 2A(4) and (6) hereof.””



After section 7 of that Act there shall be inserted—


The Authority


The Authority shall consist of—


a chairman appointed by the Secretary of State;



one member nominated by each of the following

organisations or group of organisations—


The Royal College of Veterinary Surgeons,


The Joint Nature Conservation Committee,


The Country Land and Business Association,




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




The National Farmers’ Union of England and Wales,


The Game Conservancy Trust and the British Deer

Society jointly,


The Council of Hunting Associations,


The British Association for Shooting and




The National Gamekeepers’ Organisation,


The Royal Society for the Prevention of Cruelty to



up to two further members appointed by the Authority.


2     (1)  

Each person shall be appointed for a term of three years, but shall be

eligible for reappointment.


Any vacancy shall be filled by a further appointment made in

accordance with paragraph 1 above.


The power of the Authority to act shall not be affected by any failure


by any organisation named in paragraph 1(1)(b) above to nominate

a member, or by any casual vacancy in its membership.


If at any time it appears to the Secretary of State that an organisation

named in paragraph 1(1)(b) above has ceased to exist or is no longer

an appropriate organisation to nominate a member of the Authority,


he may by regulation made in accordance with section 2A(6) of this

Act remove that organisation from paragraph 1(1)(b) above and

appoint some other organisation which appears to him to be best

fitted to act in lieu of the organisation so removed.”


Extent, short title and commencement



This Act shall not apply to Scotland.


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

Act 2003.


This Act shall come into force with the expiration of 12 months beginning with

its passing.




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Revised 10 November 2003